If an offender fails to comply with the conditions of the parole order, including conviction and sentence for further offences while on parole, that offender is in breach of parole.
The Parole Board may take the following action:
- where a member of the Parole Board suspects on reasonable grounds that a parolee may have breached a condition of parole, the Presiding Member or Deputy Presiding Member may either:
- summons the parolee to appear before the Parole Board, or
- issue of a warrant for the apprehension of the parolee, for the purpose of bringing the parolee before the Parole Board.
- when a parolee is interviewed by way of summons for a less serious breach of parole, the board may, if the breach is proved, admonish and warn the parolee of the serious consequences should a further breach be committed and/or order that the parolee serve up to 200 hours of Community Service Work as a penalty.
If a parolee is returned to custody for a serious breach of parole, the parolee is detained in custody awaiting a hearing before the Parole Board. At the hearing the board will interview the parolee and make a determination as to whether or not a breach has occurred.
Where the Parole Board finds that a parolee has breached a parole condition, the board may either:
- release the parolee from custody (having already served time in custody), or
- cancel parole.
Breach by further offending
Where a parolee commits an offence whilst on parole and receives a sentence of imprisonment for that offence, parole is automatically cancelled.
The court must order that the new sentence be served cumulatively upon the unexpired balance of parole that remained at the time of the offence.
It is policy to extradite parolees who have absconded or who commit breaches/offences in other states and territories, where appropriate.