The Adult Parole Board decides most applications on the papers, so what is in front of it matters. A lawyer can make sure the Board has the right material, presented clearly, whether you are applying for the first time, seeking re-parole after a cancellation, or facing new charges that could affect your release.

How a lawyer can help

Even though there is no right to be heard in person, the Board considers written material from prisoners and from people acting for them, and there is nothing to stop a lawyer writing on your behalf. This applies whether you are applying for the first time or seeking re-parole. A lawyer can help with:

  • Written submissions. These should be concise and factual, not pitched as if to a court. They cover your sentence dates and time remaining, the circumstances of the cancellation, what has happened since, and your behaviour in custody.
  • Proposed conditions. Offering conditions such as regular drug testing, alcohol and drug treatment, a curfew, a residence condition or engagement with disability supports shows insight and makes it easier for the Board to find that your risk can be managed in the community.
  • Your own statement. A statement in your own words about the relapse or other problems, your triggers, what you have done since returning to custody and your plans for release.
  • Accommodation. The Board needs more than a preferred suburb. It wants an address, a householder willing to be interviewed and have the home inspected, information about any drug use or family violence at the address, and evidence that supports and services are nearby. A fallback option, including supported accommodation with daily structure, can strengthen the application.
  • Health and disability material. If you have a diagnosed condition or a mental illness, current reports and letters from support coordinators help. The Board gives weight to formal diagnoses, to how a condition relates to offending, and to whether treatment is available in the community.
  • Earlier reports and sentencing findings. The Board must consider the judge's reasons for sentence and will often have the reports from your sentencing. Concerns raised by the judge are best addressed directly rather than left unanswered.
  • Support letters. Letters from family, employers or program providers are most useful when they confirm specific, practical support.
  • Time-to-count submissions. If the Board has not yet decided whether your street time counts, a short submission can be made.
  • New charges. Advice on how to resolve new charges without harming your parole prospects. See Parole and New Charges in Victoria.

Timing

Timing is important. Your parole officer can tell you when your assessment is due and whether material should be attached to it or sent to the Board directly. Material should reach the Board before your application is listed for decision.

The limits

Be aware of the limits. There is no right to appear before the Board, and if the Board does interview you, a request for your lawyer to attend is likely to be refused. A lawyer's role is to prepare and present the written material.

When to contact us

  • You are within 12 months of your earliest eligibility date.
  • Your parole has been cancelled and you want to apply for re-parole or make a submission on street time.
  • You have been charged with an offence while on parole or while waiting for a parole decision.
  • Your parole application has been refused or deferred.

Frequently asked questions

Can my lawyer appear for me before the Parole Board?

Generally, no. The Board decides most applications on the papers and there is no right to be represented. Your lawyer can make written submissions on your behalf, and the Board will consider them.

Can my family contact a lawyer for me?

Yes. Family members often make the first contact. We will then need to speak with you directly and get your authority to act.

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.