Victorian Consolidated Legislation

Corrections Act 1986 - SECT 74

Release on parole after service of non-parole period

74. Release on parole after service of non-parole period



(1) The Board may by instrument order that a prisoner serving a prison
sentence in respect of which a non-parole period was fixed be released on
parole at the time stated in the order (not being before the end of the
non-parole period) and, unless the Board revokes the order before the time for
release stated in the order, the prisoner must be released at that time.

(2) The Board may revoke a parole order before the prisoner is released under
the order.

(3) If before a prisoner is released under a parole order the Board determines
that the prisoner should be released at a different time than the time stated
in the order, the prisoner must be released at that other time (not being
before the end of the non-parole period).

(4) Subject to subsection (5) the terms and conditions of a parole order are
those set out in the regulations.

(5) The Board may vary the terms and conditions to which a parole order is
subject and may include in a parole order any one or more of the conditions to
which a pre-release permit is made subject by the regulations or to which,
before the repeal of Division 6, such a permit was so made subject.

(6) If the terms and conditions of a parole order require a prisoner to be
under supervision, the Secretary must assign an officer to supervise the
prisoner and may from time to time assign other officers to supervise the
prisoner in place of the officer first assigned.

(7) A prisoner released on parole must during the parole period comply with
the terms and conditions of the parole order.

(8) As soon as possible after making a determination revoking or cancelling a
parole order the Board must give a copy of the determination to the prisoner
including the reasons for the determination.

(8A) The Board may make a parole order for a person who is detained in an
approved mental health service under a hospital security order, but the parole
order does not take effect until the person is discharged as a security
patient under the Mental Health Act 1986.

(9) In this and the succeeding sections of this Division prisoner includes a
person serving a sentence of imprisonment and a person who is subject to a
hospital security order.