Corrective Services Act 2006

After receiving a prisoner’s application for a parole order, the parole board must decide—

to grant the application; or

to refuse to grant the application.

If, at the time the application is made by the prisoner, the prisoner is both a no body-no parole prisoner and a restricted prisoner, the application must be decided under—

section 193A; and

if after deciding the application under section 193A, the parole board does not make a no cooperation declaration—section 193AA.

However, subject to subsection (4), the parole board may defer making a decision until it obtains any additional information it considers necessary to make the decision.

Note—See also section 193C(1).

The parole board must decide the application within the following period after receiving the application—

for a decision deferred under subsection (3)—150 days;

otherwise—120 days.

Note—See also section 193C(2).

The parole board may grant the application even though a parole order for the same period of imprisonment was previously cancelled.

If the parole board refuses to grant the application, the board must—

give the prisoner written reasons for the refusal; and

if the application is for a parole order other than an exceptional circumstances parole order—decide a period of time within which a further application for a parole order (other than an exceptional circumstances parole order) by the prisoner must not be made without the board’s consent.

The period of time decided under subsection (6)(b) must not be more than—

if the prisoner is serving a term of imprisonment for life—5 years; or

if the prisoner is serving a term of imprisonment of 10 years or more other than a term of imprisonment for life—3 years; or

if paragraphs (a) and (b) do not apply—1 year.

In deciding the period of time under subsection (6)(b), the parole board—

must consider—

the nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and

the reasons the application has been refused; and

may have regard to—

the likely effect that the making of a further application for a parole order may have on an eligible person or victim; and

the extent to which delaying the making of a further application for a parole order is in the public interest.

If the parole board decides to grant the application, the parole order starts on the day stated in the order (the start day).

If the application for a parole order was made under section 176, the start day must not be more than 14 days after the date of the parole order.

If the application for a parole order was made under section 180, the start day must be—

for a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or

otherwise, a day that is—

on or after the prisoner’s parole eligibility date; and

not more than 14 days after the date of the parole order.