Division 1This Part applies to:(a) an offender who is serving a sentence by way of full-time detention, and(b) (Repealed)(c) an offender who is serving a sentence by way of home detention.
126 Eligibility for release on parole
(1) Offenders may be released on parole in accordance with this Part.(2) An offender is eligible for release on parole only if:(a) the offender is subject to at least one sentence for which a non-parole period has been set, and(b) the offender has served the non-parole period of each such sentence and is not subject to any other sentence.(3) Nothing in this Part authorises the release of an offender who is required to be kept in custody in relation to an offence against a law of the Commonwealth.(4) An offender is not eligible for release on parole if the offender is the subject of a continuing detention order or an interim detention order under the Crimes (Serious Sex Offenders) Act 2006.
127 Parole order necessary for release
An offender who is eligible for release on parole may not be released on parole except in accordance with a parole order directing the release of the offender.
128 Conditions of parole generally
(1) A parole order is subject to the following conditions:(a) the standard conditions imposed by this Act or the regulations,(b) any additional conditions imposed by the sentencing court (including any conditions that are, under section 51 (1AA) of the Crimes (Sentencing Procedure) Act 1999, taken to be included in the order),(c) any additional conditions imposed by the Parole Authority under this section.(2) The Parole Authority may from time to time, by written notice given to the offender:(a) impose additional conditions on a parole order, or(b) vary or revoke any additional conditions imposed by it or by the sentencing court on a parole order.(2A) The conditions of a parole order must include conditions giving effect to a post-release plan, prepared by the Probation and Parole Service and adopted by the Parole Authority, in relation to the offender.(3) Without limiting subsection (2A), but subject to section 128B, the conditions of a parole order may include conditions requiring that the offender to whom the order relates be subject to supervision prescribed by the regulations, during the period specified by or under the order or the regulations.(4) This section does not permit the Parole Authority:(a) to revoke any standard conditions imposed by this Act or the regulations, or(b) to impose any additional conditions, or vary any additional conditions imposed by it or by the sentencing court, so as to be inconsistent with any standard conditions imposed by this Act or the regulations.
128A Conditions of parole as to non-association and place restriction
(1) The conditions to which a parole order is subject may include either or both of the following:(a) provisions prohibiting or restricting the offender from associating with a specified person,(b) provisions prohibiting or restricting the offender from frequenting or visiting a specified place or district.(2) A condition referred to in subsection (1) (a) or (b) is suspended:(a) while the offender is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a)), and(b) while the offender is under the immediate supervision of a public servant employed within the Department of Juvenile Justice pursuant to a condition of leave imposed under section 24 of the Children (Detention Centres) Act 1987.(3) An offender does not contravene a prohibition or restriction as to his or her association with a specified person:(a) if the offender does so in compliance with an order of a court, or(b) if, having associated with the person unintentionally, the offender immediately terminates the association.(4) An offender does not contravene a requirement not to frequent or visit a specified place or district if the offender does so in compliance with an order of a court.(5) In this section, associate with means:(a) to be in company with, or(b) to communicate with by any means (including post, facsimile, telephone and email).
128B Conditions of parole as to lifetime supervision
(1) This section applies to an offender serving an existing life sentence within the meaning of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, being an offender in respect of whom a parole order is made as a consequence of the Supreme Court having set a non-parole period for the sentence (but not a specified term) under clause 4 of that Schedule.(2) It is a condition of a parole order for an offender to whom this section applies that, for the whole of the period for which the parole order is in force:(a) the offender is to be subject to supervision, as prescribed by the regulations, and(b) in relation to that supervision, the offender must comply with such obligations as the Commissioner may from time to time impose on the offender.Note. Unless the parole order is sooner revoked, the effect of this provision is supervision for life.(3) This section does not permit the Commissioner to impose any obligations that are inconsistent with any standard conditions imposed by this Act or the regulations or any additional conditions imposed by the sentencing court or the Parole Authority.
The obligations of an offender while on release on parole are:(a) to comply with such requirements of this Part and the regulations as apply to the offender, and(b) to comply with the requirements of any conditions to which the offender’s parole order is subject.(c) (Repealed)
130 Revocation of parole order before release
(1) The Parole Authority may, by order in writing and in such circumstances as may be prescribed by the regulations, revoke a parole order at any time before the offender to whom the order relates is released under the order.(2) Division 4 of Part 7 applies to the revocation of a parole order under this section in the same way as it applies to the revocation of a parole order under Division 3 of that Part.
131 Release under parole order
(1) An offender’s parole order is sufficient warrant for any person having custody of the offender to release the offender in accordance with the terms of the order.(2) An offender who is released on parole under this Part is to be released from custody on the day specified in the relevant parole order in that regard (the parole date).(3) An inmate may be released from custody:(a) at any time on the parole date, or(b) if the parole date is a Saturday, Sunday or public holiday and the offender so requests, at any time during the next day that is not a Saturday, Sunday or public holiday.
132 Sentence continues to run while offender on parole
An offender who, while serving a sentence, is released on parole in accordance with the terms of a parole order is taken to continue serving the sentence during the period:(a) that begins when the offender is released, and(b) that ends when the sentence expires or (if the parole order is sooner revoked) when the parole order is revoked.
133 Parole order not invalidated by failure to comply with procedural requirements
A parole order is not invalid merely because of a failure by the Parole Authority or a court to comply with any procedural requirement imposed by or under this Act.