Victorian Current Acts Victorian Current ActsS. 74(1) amended
by Nos 49/1991 s. 119(7)
(Sch. 4 item 3.5), 31/2014 s. 6,
32/2018 s. 121(1).
(1) Subject to sections 74AAB, 74AAC and 78(3), 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.
S. 74(1AA) inserted by No. 64/2017 s. 12.
(1AA) For the purposes of subsection (1), the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.
S. 74(1AAB) inserted by No. 32/2018 s. 121(2).
(1AAB) For the purposes of subsection (1) but subject to subsection (1AAC), the Board must have regard to the terrorism risk information in respect of the prisoner that is provided to the Board by the Secretary under section 70(4) (if any).
Note
Under section 74AAC, certain restrictions apply if a division of the Board other than the SVOSO division is considering whether to make the order and terrorism risk information is provided.
S. 74(1AAC) inserted by No. 32/2018 s. 121(2).
(1AAC) The Board must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the prisoner knew—
(a) that the person or group had expressed support for—
(i) the doing of a terrorist act; or
(ii) a terrorist organisation; or
(iii) the provision of resources to a terrorist organisation; or
(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or
(c) that the group was a terrorist organisation.
S. 74(1A) inserted by No. 62/2013 s. 12.
(1A) The time fixed for release stated in the parole order must be at least 14 days after the day of making the order, unless the Board determines that the notice period under section 30A(1B) should be waived in the circumstances.
(2) The Board may revoke a parole order before the prisoner is released under the order.
S. 74(3) amended by No. 49/1991
s. 119(7)
(Sch. 4 item 3.5).
(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).
S. 74(3A) inserted by No. 45/2019 s. 37.
(3A) Despite subsections (1) and (3), a prisoner may be released at any time on the next working day after the time stated in the parole order if the Secretary grants a request made by the prisoner under section 6EA.
S. 74(4) substituted by No. 12/2014 s. 20(1), amended by No. 12/2014 s. 14(1).
(4) Subject to subsections (5) and (5A), the terms and conditions of a parole order are—
(a) the mandatory terms and conditions set out in the regulations; and
(b) any other terms and conditions set out in the regulations that the Board imposes on the parole order.
S. 74(5) amended by No. 49/1991 s. 119(4), substituted by No. 15/2013 s. 7.
(5) The Board may—
(a) impose additional terms and conditions on the parole order; and
S. 74(5)(b) amended by No. 12/2014 s. 14(2).
(b) attach to a term or condition to which the parole order is subject a requirement for electronic monitoring of the prisoner to monitor compliance with the condition; and
(c) vary the terms and conditions to which the parole order is subject.
S. 74(5A) inserted by No. 12/2014 s. 14(3).
(5A) If, under subsection (5)(b), the Board attaches an electronic monitoring requirement to a term or condition of a parole order, that parole order is subject to the following conditions—
(a) the prisoner must comply with any direction given by the Board or the Secretary under subsection (5B);
(b) the prisoner must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Board or the Secretary;
S. 74(5A)(c) amended by No. 52/2015 s. 43.
(c) the prisoner must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition;
(d) the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition.
S. 74(5B) inserted by No. 12/2014 s. 14(3).
(5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition.
S. 74(5C) inserted by No. 12/2014 s. 14(3).
(5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse.
Penalty: 3 months imprisonment or 30 penalty units or both.
S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47).
(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.
S. 74(8A) inserted by No. 69/2005 s. 26(2), substituted by No. 26/2014 s. 455(Sch. item 6.7), amended by No. 39/2022 s. 806.
(8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health and Wellbeing Act 2022 .
S. 74(9) amended by Nos 69/2005 s. 26(3), 26/2014 s. 455(Sch. item 6.8).
(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 Court Secure Treatment Order or Secure Treatment Order.
S. 74AAA inserted by No. 76/2016 s. 3, substituted by No. 29/2018 s. 4.