Adult Parole

Victoria's Adult Parole Framework

The Attorney-General requested the Council to review and report on Victoria’s adult parole system.

Terms of Reference

The Sentencing Advisory Council was asked to review and report on the legislative and administrative framework governing the release and management of sentenced prisoners on parole in Victoria.

The purpose of the review was to ensure that the parole system best serves the Victorian community, including promoting public safety and reducing reoffending.

In particular, the Council was asked to consider:

  • whether statutory criteria are desirable to guide decision-making in relation to the granting and revocation of parole, particularly in relation to violent crimes, and if so, the nature of these criteria
  • the framework within which decisions are made by both Corrections Victoria and the Adult Parole Board in relation to breaches of parole and whether statutory criteria are desirable to guide decision-making in relation to breaches
  • whether the existing legislative and administrative framework facilitates adequate information sharing between relevant agencies for the proper management of parolees
  • in conducting the review, the Council should have regard to the purposes and operation of parole and legislative arrangements in other Australian and comparable overseas jurisdictions.

Consultation

Submissions from interested groups or individuals closed 2 September and focused in particular on two issues:

  • When making its decisions, the Adult Parole Board assesses people on various criteria. What criteria should the Board apply when making decisions about parole?
  • The assessment criteria used by the Board are not currently formalised in legislation. What are the advantages and disadvantages of formally stating the Board’s criteria in legislation?

The Council received 15 submissions. All public submissions are now available for viewing and download .

The Council has provided its advice to the Attorney-General.

The Review of the Victorian Adult Parole System Report is available for viewing and download from this website. 

Sentencing, Parole and Confiscation Orders

A number of Court of Appeal decisions have concerned the relevance of parole cancellation and confiscation orders to sentencing.

In February 2008, the then Attorney-General sought advice from the Sentencing Advisory Council on the options for addressing the consequences and implications these decisions.

In providing this advice, the Council was requested to:

  • consult with the Court of Appeal, the Supreme, County and Magistrates’ Courts, the Director of Public Prosecutions and the Adult Parole Board
  • consider the intersection of common law principles of totality and proportionality with sections 5(2AA) and 16(3B) of the Sentencing Act 1991 (parole) and section 5 of the Sentencing Act 1991 (confiscation)
  • take into account the practical implications of any suggested reforms.

The Council released its Sentencing, Parole Revocation and Confiscation Orders: Discussion and Options Paper for consultation in June 2009, and its Sentencing, Parole Cancellation and Confiscation Orders Report in December 2009.