An Overview of the New Commonwealth Parole Laws

On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.

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The new laws are not in effect yet, but they will be by 9 April 2027 at the latest. The laws may take effect sooner if the Government sets an earlier date.

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New Independent Body

The main change under these laws is that the Commonwealth Parole Board will replace the Attorney-General of Australia as the parole decision-maker for prisoners serving federal sentences.

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The Commonwealth Parole Board will be an independent body and must consist of at least five members:

• The Chair;
• The Deputy Chair; and
• At least three other members, known as “sessional members”.

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The Board will be made up of experts from a range of professions and experience including:

• legal professionals
• law enforcement
• corrective services staff
• victims of crime advocates
• psychologists
• other community safety experts.

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This change means the Commonwealth will have an independent parole authority rather than an elected official making decisions.

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New Deferral Power

As a general rule, the Commonwealth Parole Board must make a parole decision before the end of a prisoner’s “non parole period”.

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However, the Commonwealth Parole Board can “defer” their decision for up to three months after the end of the “non-parole period”.

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If the Commonwealth Parole Board defer a parole decision, they must give the prisoner notice of the deferral within 14 days explaining the reasons for the deferral and the date by which they must make a decision.

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New Power to Rescind Parole (Take Back) Before Release

The Commonwealth Parole Board can rescind (take back) a grant of parole during the period between a parole order being granted, and a person’s release date.

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This means they have the power to change their mind, after making the decision but before releasing someone on parole. This is different to “revoking” a parole order, which happens after someone is released on parole.

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The Commonwealth Parole Board can rescind parole prior to release where they are satisfied that:

• the person would pose a serious identifiable risk to the community if released, where such a risk cannot be sufficiently mitigated; or
• the person would pose a serious and immediate risk to their own safety if released, where such a risk cannot be sufficiently mitigated; or
• the prisoner has requested the rescinding of their own parole order; or
• there has been a substantial change in a matter that was considered when making the parole order.

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If the Commonwealth Parole Board rescind parole prior to release, they must give the prisoner notice of the rescission as soon as practicable explaining:

• why the decision was made; and
• inviting them to make submissions within 14 days about why the decision should not have been made.

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What Has Not Changed

Prisoners serving federal sentences will not need to apply for federal parole. Parole decisions will happen automatically.

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The Commonwealth Parole Board can consider the same factors about whether to grant or refusal parole.