Prisoners are only released on parole if a non-parole period has been set by the sentencing court. Where a person is sentenced to a period of imprisonment of one year or more, the sentencing court must, when passing sentence, set a minimum period that must be served before the prisoner can be released on parole (unless the sentencing court considers there is good reason not to) [Sentencing Act 2017 (SA) s 47(5)(e)]. The prisoner is then eligible for parole at the end of the period.

A court may fix a non-parole period that is shorter than the prescribed period in exceptional circumstances. This may include an offence committed in circumstances of family violence, being circumstances in which the offender, or a member of the offender’s family, was a victim of family violence committed by the victim of the offence. In such cases, the court must have regard to any evidence of family violence admitted in the course of the trial for the relevant offence or otherwise before the court [s 48(3)].

The parole system is designed:

A person who commits an offence while on parole risks being sent back to prison to serve the balance of the original sentence (that is, the balance of that sentence remaining as at the day the new offence was committed) [see Correctional Services Act 1982 (SA) s 74].

Automatic or by application

Prisoners serving sentences of less than five years are usually entitled to be released on parole automatically at the end of the non-parole period [see Correctional Services Act 1982 (SA) s 66(1)]. Some prisoners serving sentences of less than five years still have to apply to the Parole Board for release on parole, such as those serving a part of their imprisonment in relation to:

However, whether release on parole is automatic or by application, only prisoners who accept the conditions of parole fixed by the Parole Board will be released on parole [Correctional Services Act 1982 (SA) s 68(4)]. However, if in the opinion of the Chief Executive ('CE'), a prisoner is unreasonably refusing to accept the conditions to which the prisoner’s parole will be subject, or is unable to accept them due to a physical or cognitive impairment, the CE may accept the conditions on behalf of the prisoner and the prisoner will be taken to have accepted the conditions from the date of acceptance by the CE [s 68(4a)].

The Parole Board of South Australia

Pursuant to s 55 of the Correctional Services Act 1982 (SA), the Parole Board consists of eleven members and must include:

An employee of the Department for Correctional Services is not eligible to be appointed as a member of the Board [s 55(4)].

A person appearing before the Parole Board is entitled to have legal representation [s 77(3)].

Parole conditions - all prisoners

The Parole Board sets the parole conditions that a prisoner must accept before being released on parole. Under s 68 of the Correctional Services Act 1982 (SA), all prisoners are subject to the following conditions:

The Presiding Member of the Parole Board must determine a set of conditions to which release on parole under section 66 (automatic release on parole) will be subject, and in all cases may be subject to any other condition (including a condition that the prisoner be monitored by use of an electronic device) to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board) [s 68(1aa)(b)].

If satisfied that the prisoner will not be undertaking remunerative or voluntary work or a course of education, training or instruction the Board must consider imposing a condition that the prisoner perform community service upon their release on parole [s 68(1ab)].

Parole conditions - those serving life imprisonment

Prisoners who are released on parole but are serving life imprisonment are also subject to the following conditions [s 68]:

Those released on parole serving life imprisonment may also be subject to conditions for up to one year that they:

Variation, revocation or suspension of parole conditions

Once released on parole a person may apply to the Parole Board for a variation (change) in or the revocation (ending) of, the parole conditions [s 71(1)]. The Parole Board may discharge a person completely from parole if it thinks fit, but cannot if the person is subject to a life sentence [ s 72(1)]. Before varying or revoking parole, the Parole Board must first obtain a report from the Chief Executive.

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 of arrest must be issued and a determination 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 the sentence(s) in prison [Correctional Services Act 1982 (SA) s 74B]. The decision of the Parole Board must take into account any relevant submissions of a terrorism intelligence authority [s 77AA].

Apprehension for breach of parole

Where the presiding or deputy presiding member of the Parole Board reasonably suspects that a person has breached a parole condition, those members may either:

See Correctional Services Act 1982 (SA) s 76(1).

If another member of the Parole Board reasonably suspects that a person has breached a parole condition, they may either [s 76(2)]:

If the Chief Executive of the Department for Correctional Services or a police officer reasonably suspects that a person has breached a parole condition, they may apply to the presiding or deputy presiding member or a Magistrate for a warrant for the person's arrest [s 76A(1)].

If a police officer reasonably suspects that a person has breached a parole condition (in a way that is not trivial and is continuing), they may arrest the person without a warrant on the authorisation of a police officer above the rank of Inspector, take them to the nearest police station and notify the presiding or deputy presiding members of the Parole Board or a Magistrate [s 76B].

The Board must conduct a hearing to determine if a condition of parole has been breached. The person accused of the breach of parole is entitled to legal representation at the hearing [s 77(3)].

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).

Consequences of breach of parole

A person is also automatically liable to serve the balance of their sentence if an offence is committed while they are on parole and it results in a further sentence of imprisonment being imposed [see Correctional Services Act 1982 (SA) s 75, see also 75(1aa)]. A person returned to prison automatically (whose remaining sentence is one year or more) may apply to have a new non-parole period fixed by the court [see Sentencing Act 2017 (SA) s 47].

The parole period is suspended if a person is returned to prison for an offence committed before their release on parole i.e. not as a result of a breach of parole conditions and cancellation [see Correctional Services Act 1982 (SA) s 74A].

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 any breach of 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 by order 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 it’s 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)].