Parole allows a prisoner to serve a period of their sentence in the community, under supervision and subject to conditions. It is not automatic. You have to apply, and the Adult Parole Board decides whether to release you. This guide gives an overview of how parole works in Victoria, with links to our detailed guides on each stage.

What is parole?

When a court sentences you to imprisonment and sets a non-parole period, you become eligible for parole once that period ends. The Board can order your release at any time after then. If you are released, you serve the rest of your sentence in the community, supervised by Community Correctional Services and bound by parole conditions.

Treat your earliest eligibility date as a guide only. The Board will not decide whether to release you until it has all the information it needs, and that can take longer than you expect.

How parole decisions are made in Victoria

Parole in Victoria is decided by the Adult Parole Board under the Corrections Act 1986. The Board is not a court. Its paramount consideration is the safety and protection of the community. It relies on information from Corrections Victoria, Community Correctional Services and Victoria Police.

There are some important differences from court:

  • The Board is not bound by the rules of evidence or the rules of natural justice. It can act on police information and allegations, even if a charge has not been proved.
  • It usually decides applications on the papers, using reports from Community Correctional Services, Corrections Victoria and Victoria Police, along with any material you or your supporters provide.
  • You have no right to appear before the Board or to be legally represented there. The Board rarely interviews prisoners, and only when it has a specific need, such as clarifying information. Interviews are usually by video link. You can ask through your case manager to speak with the Board, and it considers each request individually.
  • If you are serving a sentence for a serious violent or sexual offence, a special division of the Board decides whether to release you. It generally expects satisfactory behaviour in prison and completion of any programs you have been assessed as needing.

Victims of crime can also make a submission to the Board about the impact of the offending and suggest parole conditions. Registered victims may be told about a release decision.

The Board's main decisions

The Board decides whether to:

  • progress a parole application to parole planning, which means asking Community Correctional Services for a full assessment
  • grant, deny or defer parole
  • revoke a grant of parole before you are released, for example after a positive drug test in prison
  • impose or vary parole conditions
  • warn you while on parole if your conduct could lead to cancellation
  • cancel parole.

The parole process at a glance

  • Assessment and decision. If the Board progresses your application, Community Correctional Services prepares a Parole Suitability Assessment and the Board decides on the papers.
  • Release on conditions. You serve the rest of your sentence in the community under core and discretionary conditions, starting with a closely supervised intensive period. See Parole Conditions in Victoria.
  • Cancellation. If your risk increases or you breach your conditions, the Board can cancel parole and return you to custody. See Parole Cancelled in Victoria.

If you are facing new charges while on parole or waiting for a parole decision, see Parole and New Charges in Victoria. For help preparing an application or submission, see Parole Lawyers Melbourne.

Frequently asked questions

Who decides whether I get parole?

The Adult Parole Board, an independent body set up under the Corrections Act 1986. The court sets your non-parole period, but the Board decides whether and when you are released after it ends.

Is parole the same as finishing my sentence?

No. On parole you are still serving your sentence, in the community instead of in prison. If you complete your parole without it being cancelled, your sentence is finished.

Related guides

About this guide

This guide was written by Angus Cameron & Partners, a Melbourne criminal defence firm. Our principal, Angus Cameron, is an LIV Accredited Specialist in Criminal Law and is listed in Doyle's Guide. We regularly act for people in custody seeking parole, including those whose parole has been cancelled, and we work with experienced barristers on parole submissions. If you or a family member needs help with a parole application, contact us for advice about your situation.