Crimes Act 1914

The Attorney‑General must, before the end of a non‑parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be released from prison on parole (a parole order).

See subsection (5) if the person is subject to a State or Territory sentence.

See also sections 19ALA (matters that may be considered in decisions about parole orders) and 19ALB (decisions about parole orders—terrorism and control orders).

If the Attorney‑General does not, under subsection (1), make, or refuse to make, a parole order for a person before the end of the non‑parole period referred to in that subsection, the Attorney‑General must, as soon as practicable after the end of that period, make, or refuse to make, a parole order for the person.

If the Attorney‑General refuses to make a parole order for a person under subsection (1) or (1A), paragraph (b) of this subsection, or subsection (2A), (6) or (7), the Attorney‑General must:

give the person a written notice, within 14 days after the refusal, that:

informs the person of the refusal; and

includes a statement of reasons for the refusal; and

sets out the effect of paragraph (b) of this subsection; and

reconsider the making of a parole order for the person and either make, or refuse to make, such an order, within 12 months after the refusal.

See subsection (5) if the person is subject to a State or Territory sentence.

If the Attorney‑General does not, under paragraph (2)(b), reconsider the making of a parole order for a person and either make, or refuse to make, such an order before the end of the 12 month period referred to in that paragraph, the Attorney‑General must, as soon as practicable after the end of that period, reconsider and either make, or refuse to make, a parole order for the person.

A parole order must:

be in writing; and

specify whether or not the person is to be released subject to supervision; and

if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person’s parole period—specify the day on which the supervision period ends.

For when a person is released on parole in accordance with a parole order, see section 19AM.

A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AMA, 19AN and 19AU).

If the Attorney‑General considers that in all the circumstances it is appropriate to do so, the Attorney‑General may specify in a parole order that a person is to be released from prison on a day that is before the end of the non‑parole period, but is not earlier than 30 days before the end of the non‑parole period.

Subsections (5) to (7) apply if the person is subject to a State or Territory sentence.

The Attorney‑General is not required to make, or to refuse to make, a parole order under subsection (1) or (1A), paragraph (2)(b) or subsection (2A) if:

the State or Territory sentence is a life sentence for which a non‑parole period has not been fixed; or

the State or Territory sentence ends after the end of the last of the federal sentences to end; or

the non‑parole period for the State or Territory sentence ends after the end of the federal non‑parole period; or

the State or Territory sentence ends after the end of the federal non‑parole period.

However, the Attorney‑General must either make, or refuse to make, a parole order before:

if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do not)—the end of the non‑parole period for the State or Territory sentence; or

if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c) do not)—the person’s expected release from prison for the State or Territory offence.

If the Attorney‑General does not, in accordance with subsection (6), make, or refuse to make, a parole order for a person before:

the end of the period referred to in paragraph (6)(a); or

the date of the expected release referred to in paragraph (6)(b);

The effect of subsections (4) to (7) and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.