Before determining whether to grant parole for a restricted prisoner, the Adult Parole Board (the Board) must consider whether to make a declaration that prohibits the restricted prisoner from being granted parole for between five and 10 years.
A restricted prisoner, defined under section 3(1) of the Corrections Act 1986, is a prisoner who was sentenced to life imprisonment with a non-parole period for:
- two or more murders; or
- the murder of a child; or
- a murder where the victim was also a victim of a sexual offence committed by the prisoner.
The Victorian Government introduced this parole reform in 2023 to provide greater certainty to victims and their families for the most serious offenders.
Process
When the Board will consider whether to make a declaration
The Board will consider whether to make a restricted prisoner declaration before the prisoner’s application progresses to a Parole Suitability Assessment, whether they have applied for parole or up to one year prior to the expiration of their non-parole period.
If the Board makes a declaration, the Board will consider whether to make a new declaration up to one year prior to the expiration of the current declaration.
How the Board will consider whether to make a declaration
When a restricted prisoner applies for parole or up to one year prior to the expiration of their non-parole period, the Secretary to the Department of Justice and Community (DJCS) will provide the Board with a report about that prisoner. The report will contain information that the Secretary considers relevant for the Board to consider whether to make a declaration. The Victims Register may notify any registered victims that the Board is considering whether to make a declaration.
On receipt of the report from the Secretary, the Board will consider whether to make a declaration and, if so, the length of time – between five and 10 years – that the restricted prisoner is prohibited from being granted parole.
The Board must consider whether making a declaration is in the public interest, having regard to the report from the Secretary and the effect that it may have on any victims.
The Board makes a declaration
If the Board makes a declaration, the restricted prisoner is not eligible for parole for the time period imposed by the Board (that is, between five to 10 years). The Board may only consider granting parole while the declaration is in force if the Board is satisfied that the restricted prisoner is in imminent danger of dying or seriously incapacitated and no longer physically able to harm any person and does not pose any risk to the community.
The Victims Register may notify the restricted prisoner’s registered victims that the Board has made a declaration and the length of time that the restricted prisoner is prohibited from being granted parole.
Up to one year prior to the expiration of the declaration, the Board will receive a new report from the Secretary to consider whether to make a new declaration.
The Board does not make a declaration
In those circumstances where the Board has determined not to issue a declaration in respect of a restricted prisoner, the prisoner has a number of options available to them under the current parole application process.
If the restricted prisoner has applied for parole, the Board will determine whether their parole application will progress to a Parole Suitability Assessment or be denied at the application stage.
If the restricted prisoner has not applied for parole, they can apply, and the Board will determine whether to progress or deny their application.
The Victims Register may notify the restricted prisoner’s registered victims that the Board did not make a declaration.
If the restricted prisoner’s application progresses to a Parole Suitability Assessment and the Board then determines to deny parole, the Board must impose a no-return period of up to five years before the prisoner is eligible for parole. For more information, see No-return period.
The Victims Register may notify the restricted prisoner’s registered victims of the no-return period.
