The purpose of parole is to provide offenders with the chance to move back into their community on release from prison with supervision and support from NT Community Corrections.
Parole is helpful in:
When an offender is released on parole they are responsible for their behaviour, must comply with the conditions set by the Parole Board and prove they are able to successfully live in the community.
The sentencing Court is responsible for setting a non-parole period. All prisoners must serve at least 50 per cent of their sentence before being eligible for parole. More information on setting non-parole periods is available in the Sentencing Act and Youth Justice Act.
Parole is not a right and not all prisoners will be granted parole.
A Probation and Parole Officer from Community Corrections will begin working with the prisoner eight months before their non-parole period is due to end so a report can be written for the Parole Board.
In preparing the report the Probation and Parole Officer will work with the prisoner, prison staff, victims, support and treatment services (government and non-government) and community members to gather all the information they need.
The Probation and Parole Officer will encourage the prisoner to think about their plans if parole is granted, where they wish to live, what they want to do, what support they might need and what steps they need to take while they are on parole to ensure they don’t return to prison.
The Parole Board will consider the application two months before the prisoner is eligible for release on parole and may decide to release the prisoner on a particular date, deny parole, or defer consideration for a period of time to gather more information.
When the Probation and Parole Officer is preparing the report for the Parole Board, an important step is talking to victim/s or their representatives for violent or sexual offenders.
The victim/s or their representative may choose to provide information to the Probation and Parole Officer for their report or to provide a separate statement to the Parole Board.
The Parole Board includes a member of the Board who ‘represents the interests of victims of crime’.
If a victim or their representative has been spoken to during the parole application process or has submitted a statement to the Parole Board, they will, at their request, be advised of the Parole Board’s decision.
If the prisoner is not released on parole the victim or their representative will be contacted when any further applications for parole are made by the prisoner.
Victims of Crime NT is able to provide support for victims. For more information on their services click here.
Free counselling for victims and their families is available through Anglicare across the NT. Please contact them on 1800 898 500, or on their website www.anglicare-nt.org.au
The Parole Act 1971 says that elders and community members must be consulted when the Parole Board is considering releasing on parole a prisoner who is serving a sentence of life for murder.
In practice, probation and parole officers consult with family, elders and local police when writing reports for the Parole Board about the release of any prisoner, particularly to a remote community. The process of consulting with family and elders is essential in providing the parolee with a secure and supportive environment that is more likely to end in a successful parole application and completing parole.
Electronic Monitoring may be used to assist in the monitoring of offenders who are required to stay in a certain place and not leave such as those on a curfew or a requirement to stay in a particular community. It can also be suitable for offenders who are not allowed to go near certain places, for example a park, school or the house of a friend who has caused trouble for them.
Offenders wear a small device attached to their ankle, which keeps track of their location and reports this information back to their probation and parole officer.
Probation and Parole Officers are employed by the Community Corrections branch of the NT Correctional Services to manage offenders on community based supervision orders, including parole.
The function of probation and parole officers is to:
Eight months before a prisoner becomes eligible for parole they are assigned a Probation and Parole Officer to work with them and other relevant people to prepare a report for the Parole Board.
The prisoner will receive a letter from the Parole Board advising them why their application has been refused. The letter will also advise the prisoner that they are able to re-apply for parole at any time. When a prisoner re-applies for parole the Parole Board will want to know what has changed for the prisoner, particularly about the matters that led to their earlier application being denied.
If the Parole Board believes there has been an appropriate change in circumstances since the previous application, a new parole report will be prepared and the application for parole will be reconsidered. If the Parole Board feels there has not been sufficient change, the prisoner will receive a letter explaining why their application has been refused.
No. The time spent on parole will not result in any reduction in the balance of the prisoner’s sentence of imprisonment. The Parole Act does not recognise time spent on parole as time served. A parolee who has their parole revoked will be required to serve the balance of their sentence of imprisonment that was unserved at the time they were granted parole.
All breaches of conditions are taken seriously by Probation and Parole Officers and the Parole Board. Parole conditions are designed to support the parolee and ensure the safety of the community and victims of crime.
Guidelines provide Probation and Parole Officers with clear processes for all breaches. However, when breaches relate to non-compliance with specific conditions or re-offending behaviour, the Probation and Parole Officer must prepare a revocation report for the next meeting of the Parole Board. In serious cases, a revocation report may be considered by the Chairperson upon its completion. The report will include recommendations but the final decision about revocation of parole rests with the Chairperson of the Board who may receive directions about these matters from the Parole Board.
When the Parole Board receives a revocation report it considers the nature of the breach and may:
A condition of release is that a prisoner ‘shall be of good behaviour and not commit another offence’. If a parolee breaches their parole by re-offending a report will be prepared for the Parole Board as soon as practical. In such cases it is most likely that the parole will be revoked and the prisoner will be returned to prison to serve out the balance of their sentence of imprisonment.
This will depend on whether an offender’s parole is cancelled for breaching the conditions of their parole or for re-offending and whether any additional period of imprisonment has been imposed.
Breach – The prisoner may apply for parole again at any time but they will need to show the Parole Board what has changed in order that they will now comply with the conditions of their parole order.
Re-offending – The prisoner will have to serve their new sentence or any non-parole period from their new sentence before they will be able to apply for parole again.
Prisoners are able to apply under the Information Act to see their Parole Board file. Upon such an application being received a decision will be made about what access to the file will be granted to a prisoner in accordance with the provisions of the Information Act.
Applications should be addressed to:
The Information Co-ordinator
Department of Correctional Services
PO Box 1722
Darwin NT 0801
If you are a victim of the offender and have been contacted by the Probation and Parole Officer during the writing of reports for the Parole Report you can request to be advised of the Parole Board’s decision.
If you want to be kept informed of when a prisoner (of whom you are a victim) is being considered for parole or is to be released you should register on the Northern Territory Victims’ Register with the Crime Victims’ Services Unit.
The Probation and Parole Officer is required to contact you when writing reports for the Parole Board. This means you are given an opportunity to have your say.
Family and friends of the prisoner should talk to the prisoner directly for information about parole hearings and release dates. If the Parole Officer has spoken to you when writing their report they may be able to provide you with information.
If you don’t know the Probation and Parole Officer or which office they are from please contact the Parole Board Administrator on 08 8935 7477.
No. Probation and Parole Officers are not able to pass on information of this nature due to privacy laws.
If a parolee wishes to move or travel they should talk to their Probation and Parole Officer about the reasons for their request. The Probation and Parole Officer will be able to talk them about the request and approval process.
There are National Operating Procedures for interstate travel and transfer for parolees. Some of the things that will be considered by the Probation and Parole Officer and the receiving jurisdiction in making a recommendation are:
The National Operating Procedures provide two options - an unsupervised travel permit or a supervised travel permit.
A supervised travel permit is used for higher risk offenders or longer trips and requires the approval of the state/territory to which the prisoner is travelling. The parolee will temporarily report to a Probation and Parole Officer in the state/territory to which they are travelling and will be closely monitored.
An unsupervised travel permit will involve discussion with the state/territory to which the prisoner is travelling but does not require their approval. Travel permits may take up to a month to process so parolees should talk to their Probation and Parole Officer early about the request.
If a parolee wishes to move permanently to another state/territory, they must make an application to transfer their parole to that jurisdiction. Transfers are more complex than travel. A parolee cannot relocate to another jurisdiction without the approval of the receiving jurisdiction. The receiving jurisdiction will undertake collateral checks and determine if the offender will be accepted for transfer. The receiving jurisdiction may make extra conditions of parole to which the offender must agree and sign. If the transfer is approved, the parolee will become subject to the laws and regulations of the receiving jurisdiction instead of the Northern Territory.