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Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole). The relevant authorities consider the safety of the community as the paramount consideration in assessing the suitability for parole.
The process for parole varies depending on the state or territory where you’re incarcerated.
Only people who were given a non-parole period as part of their sentence can apply for parole. A non-parole period means the minimum time that must serve in prison before they may be considered for release on parole.
Sentences with a non-parole period have two parts: the head sentence and the non-parole period. For example, 4 years’ imprisonment (head sentence) with a non-parole period of 2 years. If you have this type of sentence, you will be able to apply for parole.
Straight sentences do not have a non-parole period. They have one part – the period of imprisonment. For example, 11 months’ imprisonment. If you have this type of sentence, you are not able to apply for parole.
Combination sentences (imprisonment plus a Community Correction Order) do not have a non-parole period. For example, 18 months’ imprisonment with a 12-month CCO.
Parole doesn’t happen automatically in Victoria – you need to apply. Although you can’t be released until your non-parole period is finished, you can start your parole application earlier.
If your head sentence is less than 10 years, you can start applying for parole 12 months before your non-parole period ends.
If your head sentence is more than 10 years, you can start applying for parole 3 years before your non-parole period ends.
The prison should tell you when you are eligible to start your parole application. You should start as early as possible.
The parole application process is long and has several stages. This is a very short version of the stages:
In NSW, people in prison can be released on parole in one of two ways: statutory parole order (court-imposed) or a State Parole Authority (SPA) order.
If your gaol sentence is three years or less, you are subject to ‘statutory parole’ and will usually be released on parole without having to go before the State Parole Authority. Sometimes however automatic release does not happen if the State Parole Authority receives information about you, or your post-release plans, that could put the community at risk. If this happens you will be notified that your parole order has been revoked prior to release – in most cases the State Parole Authority will then set a date for a review hearing so that you and your legal representative (if you chose to have one), can attend the hearing and make submissions in support of your release to parole.
If your gaol sentence is longer than three years, you can only be granted parole by the State Parole Authority. People in prison in NSW do not apply for their first parole hearing. Instead, legislation requires that the State Parole Authority must start looking at whether you might be suitable for release approximately 60 days before the end of your non-parole period. It must make its initial decision at least 21 days before your non-parole period ends.
The Parole Authority usually makes this initial decision in a private meeting. These meetings are closed which means you and your lawyer cannot attend. At the private meeting, the Parole Authority can make an order granting you parole, or refuse you parole, or refuse you parole but list your matter for a public hearing. At the public hearing you can appear by AVL and have a lawyer represent you – the State Parole Authority will review their decision to refuse you parole at that hearing.
Legal Aid NSW has lawyers that may be able to represent people at their review hearings. This representation is provided by lawyers who specialise in parole applications. This representation does not require an application for legal aid. This means that legal aid will not be granted for a private lawyer to be assigned for your parole review application.
If you would like Prisoners Legal Service to represent you, please tick the box on the Form Two, or you can call us and give us permission by phone to represent you.
Certain charges carry automatic parole. People with automatic parole do not need to apply for parole. People without automatic parole must apply for parole and can do so 6 months prior to the expiry of their non-parole period. Ask someone in your location to help if you are unsure.
In SA, you need to apply for parole to the Parole Board. Here is a very short summary of the process:
Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole). The relevant authorities consider the safety of the community as the paramount consideration in assessing the suitability for parole.
The process for parole varies depending on the state or territory where you’re incarcerated.
Only people who were given a non-parole period as part of their sentence can apply for parole. A non-parole period means the minimum time that must serve in prison before they may be considered for release on parole.
Sentences with a non-parole period have two parts: the head sentence and the non-parole period. For example, 4 years’ imprisonment (head sentence) with a non-parole period of 2 years. If you have this type of sentence, you will be able to apply for parole.
Straight sentences do not have a non-parole period. They have one part – the period of imprisonment. For example, 11 months’ imprisonment. If you have this type of sentence, you are not able to apply for parole.
Combination sentences (imprisonment plus a Community Correction Order) do not have a non-parole period. For example, 18 months’ imprisonment with a 12-month CCO.
Parole doesn’t happen automatically in Victoria – you need to apply. Although you can’t be released until your non-parole period is finished, you can start your parole application earlier.
If your head sentence is less than 10 years, you can start applying for parole 12 months before your non-parole period ends.
If your head sentence is more than 10 years, you can start applying for parole 3 years before your non-parole period ends.
The prison should tell you when you are eligible to start your parole application. You should start as early as possible.
The parole application process is long and has several stages. This is a very short version of the stages:
In NSW, people in prison can be released on parole in one of two ways: statutory parole order (court-imposed) or a State Parole Authority (SPA) order.
If your gaol sentence is three years or less, you are subject to ‘statutory parole’ and will usually be released on parole without having to go before the State Parole Authority. Sometimes however automatic release does not happen if the State Parole Authority receives information about you, or your post-release plans, that could put the community at risk. If this happens you will be notified that your parole order has been revoked prior to release – in most cases the State Parole Authority will then set a date for a review hearing so that you and your legal representative (if you chose to have one), can attend the hearing and make submissions in support of your release to parole.
If your gaol sentence is longer than three years, you can only be granted parole by the State Parole Authority. People in prison in NSW do not apply for their first parole hearing. Instead, legislation requires that the State Parole Authority must start looking at whether you might be suitable for release approximately 60 days before the end of your non-parole period. It must make its initial decision at least 21 days before your non-parole period ends.
The Parole Authority usually makes this initial decision in a private meeting. These meetings are closed which means you and your lawyer cannot attend. At the private meeting, the Parole Authority can make an order granting you parole, or refuse you parole, or refuse you parole but list your matter for a public hearing. At the public hearing you can appear by AVL and have a lawyer represent you – the State Parole Authority will review their decision to refuse you parole at that hearing.
Legal Aid NSW has lawyers that may be able to represent people at their review hearings. This representation is provided by lawyers who specialise in parole applications. This representation does not require an application for legal aid. This means that legal aid will not be granted for a private lawyer to be assigned for your parole review application.
If you would like Prisoners Legal Service to represent you, please tick the box on the Form Two, or you can call us and give us permission by phone to represent you.
Certain charges carry automatic parole. People with automatic parole do not need to apply for parole. People without automatic parole must apply for parole and can do so 6 months prior to the expiry of their non-parole period. Ask someone in your location to help if you are unsure.
In SA, you need to apply for parole to the Parole Board. Here is a very short summary of the process:
It depends.
You can apply for ECP at any time unless you are a “no body no parole prisoner” who has had a “no cooperation declaration” in force.
All forms can be requested from Sentence Management.
Form 29 – Parole Application Form
Form 176 – Accommodation Risk Assessment Request
Form 28 – ECP Application Form
Form 176 – Accommodation Risk Assessment Request
The timeframe for normal parole applications and ECP applications is the same.
The Parole Board must decide whether to grant or refuse within 4 months (120 days) of receiving the parole application.
If the Parole Board defer an application because they need more information, they must make their decision within 5 months (150 days) of receiving the parole application.
There is no definition of “exceptional circumstances” in the Corrective Services Act 2006 (QLD). However, the Parole Board may consider the following definition when considering ECP applications:
A circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon. To be exceptional, a circumstance need not be unique or unprecedented, or very rare; but it cannot be on that is regularly, or routinely, or normally encountered.
For example, circumstances that may be considered exceptional might include:
ECP is harder to get than normal parole because you need to show:
An ECP application is more likely to be successful if:
However, the Parole Board should consider your ECP application as a whole and take into account your individual circumstances, not just the factors listed above.
If you are already eligible for parole, you do not need to demonstrate exceptional circumstances to be granted parole. For this reason, ECP may not be the best option if you are already eligible for parole or if you are in custody for a parole suspension. Instead, you could consider requesting the parole board fast track consideration of your parole due to your personal circumstances.
It is very unlikely you will be granted ECP to attend a funeral or for Sorry Business. In these cases it’s better to:
People in prison at AMC can access parole if their sentence has a non-parole period. A sentence involving imprisonment with a term of full-time custody and a minimum of 12 months must include a non-parole period.
It depends.
You can apply for ECP at any time unless you are a “no body no parole prisoner” who has had a “no cooperation declaration” in force.
All forms can be requested from Sentence Management.
Form 29 – Parole Application Form
Form 176 – Accommodation Risk Assessment Request
Form 28 – ECP Application Form
Form 176 – Accommodation Risk Assessment Request
The timeframe for normal parole applications and ECP applications is the same.
The Parole Board must decide whether to grant or refuse within 4 months (120 days) of receiving the parole application.
If the Parole Board defer an application because they need more information, they must make their decision within 5 months (150 days) of receiving the parole application.
There is no definition of “exceptional circumstances” in the Corrective Services Act 2006 (QLD). However, the Parole Board may consider the following definition when considering ECP applications:
A circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon. To be exceptional, a circumstance need not be unique or unprecedented, or very rare; but it cannot be on that is regularly, or routinely, or normally encountered.
For example, circumstances that may be considered exceptional might include:
ECP is harder to get than normal parole because you need to show:
An ECP application is more likely to be successful if:
However, the Parole Board should consider your ECP application as a whole and take into account your individual circumstances, not just the factors listed above.
If you are already eligible for parole, you do not need to demonstrate exceptional circumstances to be granted parole. For this reason, ECP may not be the best option if you are already eligible for parole or if you are in custody for a parole suspension. Instead, you could consider requesting the parole board fast track consideration of your parole due to your personal circumstances.
It is very unlikely you will be granted ECP to attend a funeral or for Sorry Business. In these cases it’s better to:
People in prison at AMC can access parole if their sentence has a non-parole period. A sentence involving imprisonment with a term of full-time custody and a minimum of 12 months must include a non-parole period.
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