Parole

About parole

Parole is the conditional early release of an offender from prison, into the community, where they will serve the remainder of their sentence.

Where the court sentences you to a term of imprisonment, it will often determine your head sentence and then a non-parole period.

A head sentence is the total period of imprisonment imposed for the offence, including the non-parole period.

A non-parole period is the minimum period of time that you must serve in prison before you become eligible for parole. Some offences carry a set non-parole period. You become eligible for parole on the date the non-parole period of your sentence ends.

Offenders can be released on parole either:

• by an order made by the State Parole Authority (SPA), or
• a statutory parole order made by the court.

For more information, see Parole consideration on the NSW State Parole Authority website. 

Eligibility

If you are serving less than three years in prison, you will be automatically released on statutory parole by the court when your non-parole period expires.

If you are serving more than three years and one day in prison, State Parole Authority (SPA), will decide whether to grant you parole.

SPA also considers breach reports from Community Corrections when it is alleged that you are not complying with the conditions of a parole order, intensive correction order (ICO) or reintegration home detention order. 

SPA can release you on parole even if you are not eligible for parole where:

• you are dying, or
• it is necessary because of exceptional extenuating circumstances.

Parole hearings

The State Parole Authority (SPA) sits in the Sydney West Trial Courts at Parramatta, Tuesday to Friday most weeks of the year and conducts public hearings in relation to parole and intensive correction orders (ICOs).

SPA initially meets in private to decide whether to grant or refuse you parole. You and your legal representative can’t attend. If the matter needs to go into a public hearing list, SPA will send you a copy of the papers and a notice asking if you would like to:

• attend the hearing.
• make submissions at that hearing, and
• be legally represented at that hearing. 

You don’t have to have a lawyer at a SPA hearing. You are entitled to represent yourself if you want to. 

If you indicate on the notice that you would like to be legally represented and tick the box for Prisoners Legal Service (PLS), SPA will send a copy of the papers to PLS roughly seven days before the hearing date. PLS then arranges to have a conference with you and appears for you at the hearing.

If you nominate a private lawyer, SPA will contact them and confirm if they are instructed to appear in the matter before they send the papers to them. A private lawyer can’t be allocated a grant of Legal Aid to appear at SPA.

Generally, SPA consists of a panel of five members chaired by a retired judge or magistrate. You will appear via audio visual link and your community corrections officer is normally connected to the hearing by telephone. 

During a review hearing, evidence can be called and submissions made. There are no rules of evidence, and it is common for the members to ask you questions directly, even if you are legally represented.

Victim submissions

All victims are entitled to make written submissions to SPA when it is considering whether to grant parole. It is voluntary for victims to make submissions.

Victims can give submissions about:

• whether you should be granted parole
• the impact that the offence has had on them and their family
• any conditions they want imposed
• whether you can see their submissions.

SPA must notify any registered victims and interests persons in writing if you:

• can be considered for release on a re-integration home detention order or parole, or
• are eligible for, or have applied for, release on parole.

An interested person is someone who’s life or safety is reasonably expected to be endangered because of a connection between the two of you.

Parole decisions

SPA must consider whether to grant or refuse you parole at least 60 days before your parole eligibility date. It must make a final decision no later than 21 days before this date.

SPA must not make a parole order to release you from prison, unless it is satisfied that it is in the interests of the safety of the community. It must consider:

• the risk to the safety of the community
• whether it is likely to address the risk of you re-offending
• the risk to the community of releasing you at the end of your sentence without a period of supervision, or later with a shorter period of supervised parole
• the nature and circumstances of the offence
• any relevant comments made by the Judge during sentencing
• your criminal history
• the likely effect on the victim and their family
• a pre-release report by Community corrections regarding risk assessments, recommendations and post-release plans
• a report by the Serious Offenders Review Council (SORC)
• any other reports.

It can also take into account:

• reports from psychologists or psychiatrists
• submissions from your victims and their family
• submissions from you, your family or your lawyer
• submissions from the NSW government or Commissioner or Corrective Services NSW.

If you are a serious offender, SPA must not make a parole order unless the Serious Offenders Review Council (SORC) advises that it is appropriate, except in exceptional circumstances. A serious offender is someone who is serving a term of imprisonment for an offence involving violence, such as sexual assault.

When deciding whether to release you, SPA must take into account the potential trauma the victim and their family will suffer if they are released on the anniversary of the offence.

If you are granted parole, you will be given a date for your release and parole conditions that you must follow. If you are granted parole after a review hearing, SPA will set a date range for your release - “no earlier than” and “no later than”. You won’t be released on the date the decision is made. Usually, the earliest this will occur is two weeks after the hearing, as this allows for any appeals to be lodged. 

For more information, see Parole process on the NSW State Parole Authority website.

If you are refused parole, you may be able to apply to have this decision reconsidered. If the decision is upheld, your parole will be reviewed every 12 months. You can re-apply for parole, unless you have less than 12 months left to serve on your prison sentence.

Reconsideration

If you are refused parole, you may be able to apply to have this decision reconsidered in circumstances that constitute manifest injustice. This includes situations where:

• the decision was made based on false, misleading or irrelevant information
• a matter that was relevant to the decision to refuse parole is no longer relevant
• a matter that was relevant to the decision to refuse parole has been addressed in a way that warrants reconsideration of the decision or can be so addressed by imposing additional conditions on parole.

If you are granted parole, SPA will make a date for your release and parole conditions.

If you are unsuccessful, SPA will give you reasons for their decision and review your parole in 12 months, if you still have more than 12 months to serve on your prison sentence.

For more information, see Manifest injustice on the NSW State Parole Authority website.

There is no time frame for reconsideration of a decision not to reinstate an ICO. You must serve at least one month in full time imprisonment before you can apply for reinstatement, but if SPA refuse to reinstate your ICO you can technically apply again at any time. Prisoners Legal Service can provide you with advice about when it may be an appropriate time to apply again.   

Parole conditions

Standard parole conditions

If you are released on parole, you must follow the standard conditions, including:

• being of good behaviour
• not committing any offences
• adapting to normal lawful community life
• reporting to a community corrections officer
• complying with all reasonable directions from a community corrections officer
• permitting a community corrections officer to visit you where you live at any time
• not leaving NSW without the permission of a community corrections manager
• not leaving Australia without the permission of the State Parole Authority (SPA).

Additional parole conditions

There are also additional conditions that SPA can impose on you, including:

• electronic monitoring
• prohibiting the use of alcohol and illegal drugs
• attending alcohol or drug programs or counselling
• prohibiting gambling
• completing residential rehabilitation
• prohibiting the possession or use of firearms or prohibited weapons
• prohibiting contact or communication with the victim or their family
• prohibiting you from frequenting or visiting a specific place.

For more information, see Parole Conditions on the NSW State Parole Authority’s website.

Appeals

There is no automatic right of appeal.

In limited circumstances, you may be able to apply to the Supreme Court for a direction to be given to SPA. You can do this if you:

• are refused parole, and
• believe the SPA decision was based on false, misleading or irrelevant information.

If your application is successful, the court will direct SPA to rehear your parole matter.

You should get legal advice before you apply to the Supreme Court of NSW. The applications are time consuming, and it can be difficult to prove the SPA decision was based on false, misleading or irrelevant information. Your chances of being successful are quite limited.

If your application is not successful, the court may make a costs order against you.

Breaches of parole

If you breach your parole, the action the SPA takes will depend on what type of breach it is. It can:

• take no action
• give you a formal warning
• impose additional parole conditions, including a condition for electronic monitoring
• vary or revoke your parole conditions
• submit you to home detention for up to 30 days
• revoke your parole.

Community Corrections can also take action against you for breaching your parole. It can:

• record the breach, but take no further action
• give you an informal warning
• give you a formal warning
• impose a curfew of up to 12 hours in any 24-hour period 
• refer the breach to SPA, with recommendations about what action it should take.

Revoking your parole and issuing a warrant for your arrest is the most severe penalty SPA can take against you. It can make this decision where:

• it is satisfied that you pose a serious and immediate risk to the safety of the community
• it is satisfied that there is a serious and immediate risk you will leave NSW in breach of your parole
• you have failed to comply with your obligations under a re-integration home detention order
• you failed to appear before SPA when asked to do so.

It can do this for any offender, including those released on a statutory parole order.

If you are not taken into custody on the day your parole is revoked, your sentence, and the non-parole period of your sentence, is extended by the number of days you are at large after your parole is revoked.