The Board’s main function is to consider the cases of offenders sentenced to long-term prison sentences for release on parole. Once an offender becomes eligible to be considered for parole the Board is required to consider their case as soon as is practicable and then at least once in every 12 months in most cases. In every case the Board’s paramount consideration is the safety of the community.
Parole is not a right
Section 28(1AA) of the Parole Act states:
“In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitlement to be released on parole and, in particular, that neither the offender’s eligibility for release on parole nor anything else in this Act or any other enactment confers such an entitlement.”
Eligibility for parole
The Department of Corrections is responsible for calculating the key dates in an offender’s sentence including the date on which an offender becomes eligible to be considered for parole. More information about parole eligibility is available on the ‘
Cases and Eligibility’ area of this website.
There are other times when an offender may actually apply to the Board for their case to be heard. The types of case the Board considers are listed in the ‘Cases and Eligibility’ area of this website.
The Hearing Process
The various stages of the hearing process are detailed in ‘
The Hearing Process’ area of this website.
Before a hearing offenders must be:
- advised how they may participate in decision-making that directly concerns them, and
- provided with information about decisions that concern them.
Once a hearing is scheduled, an offender is informed of the date, type of hearing, and invited to make a submission to the Board on their progress in prison and attitude towards their offending.
Offenders may request to involve support people, their lawyer and an interpreter at their hearing. In some types of case an offender is entitled to legal counsel as a right. More information is available in the ‘Preparing for a Hearing’ area of this website.
Waiving the right to appear
Offenders who do not wish to attend their hearing are entitled to ‘waive’ their right to appear. The Board must still consider the offender’s case in the absence of the offender.
Right to review
An offender may request a review of most Board decisions that are made about them within 28 days of the decision being made. The grounds for a review are included in the ‘
After the Hearing’ area of this website.
Right to Appeal
Some decisions of the Board can be appealed in the High Court. There is more about this in the ‘
After the Hearing’ area of this website.
