By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 12 April 2026.
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A person who has been sentenced to a term of imprisonment with a non-parole period may be released back into the community before the end of that term. Decisions about parole in the ACT are made by the Sentence Administration Board. This page deals with the process for obtaining parole in the ACT, including eligibility requirements, application procedures, and the conditions that must be met for successful release.
The parole system in the Australian Capital Territory serves as a crucial component of the criminal justice framework, balancing public safety with rehabilitation opportunities for offenders. Understanding the intricacies of ACT parole laws is essential for both legal practitioners and individuals navigating the corrections system.
Non-parole periods
Setting non-parole periods
When an ACT court sentences a person to a term of more than 12 months in prison, it must set a non-parole period except where it is inappropriate to do so in the circumstances. The court considers various factors when determining the length of the non-parole period, including the severity of the offence, the offender's criminal history, and the need for community protection.
A person sentenced to a term of imprisonment with a non-parole period must remain in prison until the end of their non-parole period. They may then apply to the Sentence Administration Board for parole. If it is granted, they will be released to serve the rest of their sentence in the community under strict conditions.
Minimum serving requirements
Under the Crimes (Sentence Administration) Act 2005, offenders must serve their entire non-parole period before becoming eligible for release. This mandatory period ensures that serious offenders spend adequate time in custody while providing a pathway for eventual reintegration into society. The non-parole period typically represents a significant portion of the total sentence imposed by the court.
The Sentence Administration Board
Composition and role
The Sentence Administration Board is an independent statutory body responsible for making parole decisions in the ACT. The Board consists of experienced members including legal practitioners, community representatives, and corrections professionals. This diverse composition ensures that parole decisions are made with comprehensive consideration of legal, social, and safety factors.
Decision-making process
The Board operates under strict legislative guidelines when assessing parole applications. Each case is evaluated individually, with thorough consideration given to all relevant circumstances. The Board's primary obligation is to protect community safety while providing appropriate opportunities for offender rehabilitation and reintegration.
When will parole be granted?
Primary considerations
The Sentence Administration Board will release a person only if it is appropriate. Under section 120 of the Crimes (Sentence Administration) Act 2005, the primary consideration when making a decision is the public interest.
The Board will also consider:
- the person's criminal history and bail history
- the likely effect on any victims
- any comments made by the sentencing court
- any submission made to the Board by victims
- any reports that have been prepared in relation to the application
- the person's behaviour in prison
- the person's participation in activities in prison
- the risk of them reoffending if released
- the likelihood that they will comply with conditions
- whether their early release is likely to assist them to adjust back to life outside of prison.
Risk assessment factors
The Board conducts comprehensive risk assessments using evidence-based tools and professional reports. Psychological assessments, rehabilitation program completion, and demonstrated behavioural change are crucial elements in the evaluation process. Offenders who have actively engaged in educational programs, vocational training, or therapeutic interventions are more likely to be viewed favourably by the Board.
Application process
Submitting an application
Parole applications must be submitted in accordance with prescribed procedures under ACT legislation. The application process typically begins several months before the non-parole period expires, allowing sufficient time for thorough assessment. Legal representation is highly recommended throughout this process to ensure all relevant information is properly presented to the Board.
Supporting documentation
A comprehensive parole application includes various supporting documents such as psychological reports, educational certificates, employment prospects, and accommodation arrangements. Character references from family members, employers, or community organisations can significantly strengthen an application. Pre-release planning documentation demonstrating concrete post-release arrangements is also crucial for success.
Hearings
Hearing procedures
When a person applies for parole, the Board must seek the views of any victims. The Board may make a decision on parole without holding a hearing. However, if it does not have enough information to make the decision without a hearing, it must set a date for a hearing. The offender must be invited to attend the hearing or make a submission about parole. If they do not make a submission, they will not be granted parole.
Victim participation
Victim impact and participation form an integral part of the parole hearing process. Victims have the right to provide submissions to the Board regarding their concerns about the offender's potential release. The Board carefully considers victim submissions while balancing rehabilitation objectives and community safety requirements.
Parole conditions
A person on parole is subject to the following conditions:
- not to commit an offence punishable by imprisonment
- inform the director-general within two days if they are charged with an offence
- not to change their contact details without approval
- comply with directions such as alcohol and drug testing
- appear before the Board when required to do so.
Additional conditions
The Board may impose additional specific conditions tailored to individual circumstances and risk factors. These may include restrictions on alcohol consumption, requirements to attend counselling or treatment programs, curfew conditions, or geographical restrictions. Electronic monitoring may be required in certain cases to ensure compliance with parole conditions.
If there is a breach
If a person breaches the conditions of their parole, the Board may:
- take no action
- give them a warning
- give the director-general directions about their parole
- cancel the order.
If a person is found guilty of an offence punishable by imprisonment, their order will automatically be cancelled. They will be returned to prison to serve the rest of their sentence and the time they have spent under supervision in the community will not be taken into account.
If there is no breach
If a person reaches the end of their sentence and no breach is committed, they are discharged from their imprisonment.
Frequently Asked Questions
Can parole be refused even if I meet the minimum requirements?
Yes, meeting the minimum eligibility requirements does not guarantee parole approval. The Sentence Administration Board has discretionary power to refuse parole if they determine that release would not be in the public interest, regardless of time served or good behaviour in prison.
How long does the parole application process take?
The parole application process typically takes several months from initial application to final decision. Complex cases or those requiring additional assessments may take longer. It is advisable to begin the application process well before your non-parole period expires to allow adequate time for thorough consideration.
Can I appeal a parole decision if my application is refused?
While there is no formal appeal process for parole decisions in the ACT, you may be able to make a fresh application after addressing the concerns raised by the Board in their refusal. Legal advice should be sought to
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