When fixing or recommending other conditions of parole, the Parole Board must take into account the safety of the community and all other relevant materials [see Correctional Services Act 1982 (SA) s 68(2) for matters to be taken into consideration].

Only a breach of the condition not to commit an offence continues to result in the automatic cancellation of parole (upon imprisonment for the offence) [s 75]. See also Sentences for offences committed whilst on parole. For a prisoner released on parole who is serving a sentence of life imprisonment, this can be for a breach of any parole condition [s 74(1)(a)].

The Parole Board has the discretion, after obtaining a report from the Chief Executive, to cancel parole as a result of breaching a condition of parole that is constituted by the commission of an offence, or in the opinion of the Board a serious breach of any other parole condition and direct that the person serve the unexpired balance of parole as at the date of their breach [s 74(1)(b)]. For a prisoner released on parole who is serving a sentence of life imprisonment, this can be for a breach of any parole condition [s 74(1)(a)].

The Board may suspend release on parole or take other action for certain breaches of parole conditions as outlined in section 74AAA. This does not apply to prisoners serving a sentence of life imprisonment, or for serious breaches of parole conditions under s 74(1)(b).

The Board may direct:

This may include a condition that the person reside at a specific premises (including premises declared under the Act to be a probation and parole hostel) and to undertake at specific places such activities and programs as determined by the Board. The Board cannot make an order under section 74AAA in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from the CE.

As an alternative to exercising powers under sections 74 and 74AAA, the Parole Board may order the person serve a specified number of hours of community service, being not less than 40 or more than 200 hours [see ss 74AA(1) and 74AA(4)].

If a person becomes a terror suspect (as defined in section 4(4) of the Correctional Services Act 1982 (SA)) while on parole, a warrant for their arrest must be issued and a determination must be made by the Parole Board as to whether the person will continue on parole, or whether their parole will be cancelled and they will be liable to serve the balance of their sentence in prison [Correctional Services Act 1982 (SA) s 74B]. The decision of the Board must take into consideration any relevant submissions from a terrorism intelligence authority [s 77AA].

When the Parole Board suspects a person has breached a parole condition, the Board may either:

If the Chief Executive of the Department or a police officer reasonably believe that a parolee has breached a condition of parole, they may apply to the Parole Board or a magistrate for the issue of a warrant for the apprehension and detention of the parolee [s 76A(1)]. The Chief Executive or police officer must then provide a written report to the Parole Board within two days [s 76A(4)].

If a police officer reasonably believes that a parolee has breached a condition of parole, they may arrest the parolee without a warrant (with the approval of a police officer above the rank of Inspector) if satisfied that the breach is not trivial and is continuing [s 76B(1)]. The police officer must then notify the Parole Board of the arrest within 12 hours of the arrest [s 76B(2)].

Applications pursuant to section 76 or 76A of the Corrections Services Act 1982 (SA) are governed by Chapter 7 Part 5 of the Uniform Special Statutory Rules 2022 (SA).

When a parolee is sentenced to imprisonment for an offence committed while on parole and the sentence is not suspended or its suspension is revoked, the parolee is also liable to serve in prison the balance of the sentence of imprisonment for which they were on parole [see Correctional Services Act 1982 (SA) s 75(1) and s 75(1aa)]. The unexpired balance of parole to be served is the balance on the day on which the offence was committed [s 75(1); see also s 75 (1aa)]. This liability to serve the balance of the term of imprisonment applies even when at the time of finding the breach proved, the parole has expired or been discharged [see s 75(1a); see also s 75(1aa)]. The sentence for the offence which was committed whilst on parole must be cumulative upon the sentence for which the defendant was on parole. This means it cannot be backdated and the unexpired balance of parole takes effect before the sentence for further offending [see Sentencing Act 2017 (SA) s 45(2); R v Bartels (1986) 44 SASR 260; see also the setting of non-parole periods (above)].

The Chief Executive of the Department for Correctional Services has an absolute discretion to release prisoners from prison to serve a period of home detention [see Correctional Services Act 1982 (SA) s 37A(1)]. Prisoners generally are eligible for release on home detention after serving one half of their non-parole period [see s 37A(2)(a); s 37A(2) for limitations on the discretion]. Release on home detention cannot occur earlier that one year before the end of the non-parole period [see s 37A(c)(i)]. Prisoners sentenced in respect of certain offences, such as those involving violence, are not eligible for release on home detention [see s 37A(2)(d)].

All prisoners released from prison on home detention are subject to a number of conditions including to be of good behaviour, that they stay at their place of residence at all times except for specific purposes approved by their assigned authorised officer, that they are prohibited from possessing a firearm, any part of a firearm or ammunition and that they must obey the lawful directions of the assigned authorised officer, including that they submit to gunshot residue testing [see Correctional Services Act 1982 s 37A(3) for home detention conditions]. A breach of a home detention condition due to the person unlawfully leaving the residence means they are unlawfully at large [see s 37C(6)]. Any breach of these conditions may result in the home detention being revoked and subsequent arrest by the police [see s 37C]. A breach of a condition or further offending during the period of home detention may result in the prisoner being liable to serve the balance of the non-parole period or the term of imprisonment as at the date of the breach or offence [see s 37C(4)].