Commonwealth Parole Board (Consequential and Transitional Provisions) Act 2026 (33 of 2026)

Schedule 1   Consequential amendments

Crimes Act 1914

19   After Subdivision A of Division 5 of Part IB

Insert:

Subdivision AA - Pre-release rescission of parole orders and licences

19APC Commonwealth Parole Board may rescind parole order or licence before offender's release

(1) The Commonwealth Parole Board may, by instrument in writing, rescind a parole order or licence for a person at any time during the person's relevant pre-release period if:

(a) the Commonwealth Parole Board is satisfied that:

(i) the person would pose a serious identifiable risk to the safety of the community if released; and

(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of the parole order or licence; or

(b) the Commonwealth Parole Board is satisfied that:

(i) the person would pose a serious and immediate risk to the person's own safety if released; and

(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole order or licence; or

(c) the person has requested the rescission of the parole order or licence; or

(d) the Commonwealth Parole Board is satisfied that there has been a substantial change in a matter considered by the Commonwealth Parole Board in making the parole order or licence.

(2) In this section:

relevant pre-release period , in relation to a person, means the period:

(a) beginning on the day the parole order for the person was made or the licence was granted; and

(b) ending on the day of release that applies to the parole order or licence.

19APD Commonwealth Parole Board must give notice of pre-release rescission of parole order or licence

(1) This section applies if the Commonwealth Parole Board rescinds a parole order or licence in relation to a person under subsection 19APC(1).

(2) The Commonwealth Parole Board must, as soon as practicable:

(a) notify the person, in writing, of the rescission of the parole order or licence and the reasons for the rescission; and

(b) request that the person give the Commonwealth Parole Board, within 14 days of the notice, a written submission stating why the parole order or licence should not have been rescinded.

(3) If the person does not make a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1), the rescission of the parole order or licence remains in effect.

(4) If the person makes a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1), the Commonwealth Parole Board must decide as soon as practicable after receiving the submission whether:

(a) the rescission of the parole order or licence remains in effect; or

(b) the rescission of the parole order or licence ceases to be in effect.

(5) The Commonwealth Parole Board must make a decision under subsection (4) on the basis of the submission and any other material the Commonwealth Parole Board considers relevant.

19APE Effect of pre-release rescission of parole order or licence

(1) If the rescissionof a parole order or licence for a person remains in effect under subsection 19APD(3), or the Commonwealth Parole Board decides that the rescission of a parole order or licence for a person remains in effect under paragraph 19APD(4)(a), the Commonwealth Parole Board is taken to have decided on that day to have refused to make a parole order, or to grant licence, in relation to the person.

(2) If the Commonwealth Parole Board decides that the rescission of the parole order or licence ceases to be in effect, the parole order or licence, as in effect before its rescission, continues in effect from the date of the decision, as if it had not been rescinded.

19APF References to revocation do not include rescission

To avoid doubt, a reference in this Part to revoking a parole order or licence does not include a reference to rescinding a parole order or licence under section 19APC.