Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site

Procedure Properties

Title: Parole Orders and Resettlement Leave Program
Category: Offender Management
Version: 12
Implement Date: 17 September 2010
Application: Agency
Availability: Public

Authority

Policies

  • Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Appendices and Forms

Procedures

Performance Measures

  • Number of female offenders on orders (Parole Orders exc. CoP / Court-ordered Parole)
  • Number of male offenders on orders (Parole Orders exc. CoP / Court-ordered Parole)
  • Percentage of successfully completed orders (Parole Orders exc. CoP)

Procedure - Parole Orders and Resettlement Leave Program


Purpose
1.General
2.Definition
3.Jurisdiction of parole boards
4.Release to court ordered parole
4.1Offender to be released on date fixed for release
4.2Offender detained or remanded not to be released
4.3Offender granted exceptional circumstances parole prior to parole release date
4.4Conditions of court ordered parole
5.Applications for parole order
5.1Application for parole release by a parole board other than court ordered parole
5.2Application for exceptional circumstances parole order
5.3When application lapses
6.Reports to parole board
6.1Interstate transfer applications
6.2Abridged Report
6.3Application for parole
6.4Update reports for board ordered parole
6.5Noting of concerns in relation to disclosure of documents provided to the parole board
7.Contravention of a parole order
7.1Offender fails to comply with conditions of a board ordered parole order
7.2Offender fails to comply with conditions of a court ordered parole order
7.3Offender charged with or convicted of a further offence
8.Amendment of parole order
8.1Amendment of parole order by chief executive
8.2Amendment process
8.3Amendment by parole board
9.Suspension of parole order
9.1Suspension by chief executive or delegate
9.2When suspended by chief executive or delegate
9.3Suspension process
9.4Suspension or cancellation of parole order by parole board
9.5Amendment, suspension or cancellation process for parole board that is suspending or cancelling a parole order
10.Return to a high security facility
10.1Offender at risk of self harm
10.2Offender who is primary care giver
11.Suspension or cancellation of order by a parole board
12.Reconsideration of decision to amend or cancel order
13.Automatic cancellation of parole order
14.Transitional arrangements for resettlement leave of absence
14.1Refuse to grant a resettlement leave by chief executive or delegate
14.2Suspension of order for resettlement leave by chief executive or delegate
14.3Amend, suspend or cancel resettlement leave program by Board
15.Revocation of Federal parole or licence

Purpose

To provide for the release of offenders to court ordered parole and for an offender to apply for release to parole.

To ensure that appropriate and timely action is taken if an offender contravenes a parole order, poses a serious risk of harm either to himself/herself or to another person, poses an unacceptable risk of committing an offence or is preparing to leave Queensland without permission.

1. General

Refer Corrective Services Act 2006 (CSA) ss 176-200

Parole release provides for the supervised reintegration of an offender into the community. An offender may be released to parole either under a court ordered parole order or a parole order (including an exceptional circumstances parole order) granted by a parole board.

The sentence management staff at a corrective services facility are responsible for contacting a probation and parole district office whenever an offender is transferred from secure custody to community supervision.

An offender's release from secure custody must be in accordance with CSA s 108 and procedure - Exit.

2. Definition

Unless otherwise stated, a parole order refers to a court ordered parole order, an exceptional circumstances parole order and a parole order granted by a parole board.

3. Jurisdiction of parole boards

For the jurisdiction of the boards refer CSA s 187.

For the geographical jurisdiction of regional boards refer CSA s 437.

4. Release to court ordered parole

4.1 Offender to be released on date fixed for release

An offender is not required to apply for release to a court ordered parole order. An offender's release to court ordered parole must be in accordance with the date fixed for the offender's release on parole under the Penalties and Sentences Act 1992. Accordingly, the chief executive or delegate must issue a court ordered parole order for the release of the offender to parole on the date fixed by the court.

Refer CSA ss 199, 200; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); Form 31 - Court Ordered Parole Order

A copy of the order must be given to the offender and the offender must be directed to report to a probation and parole district office. The conditions and consequences of failing to comply with the parole order must be explained to the offender. Any change to the offender's residential address and contact details must be updated in IOMS and the offender must be moved out in IOMS to the relevant probation and parole district office. Refer procedure - Exit

4.2 Offender detained or remanded not to be released

If the offender has been remanded or detained for an offence where a parole release or eligibility date has not been set, the offender must not be released to court ordered parole.

However, the offender may be released to court ordered parole if the offender has been granted bail or the charges for which the offender has been remanded or detained have been withdrawn.

Refer CSA s 199 and PSA ss 160A-160H

4.3 Offender granted exceptional circumstances parole prior to parole release date

An offender may apply to a parole board for release to exceptional circumstances parole at any time (refer CSA s 176). An offender with a parole release date may therefore apply for exceptional circumstances parole prior to the parole release date.

If the offender is granted exceptional circumstances parole before the parole release date, the offender no longer has an entitlement to be released to court ordered parole for that period of imprisonment (refer CSA s 185A). The chief executive is not required to issue a court ordered parole order.

If the offender is re-sentenced after being granted exceptional circumstances parole and receives a parole release date the offender must be released on that date.

4.4 Conditions of court ordered parole

Court ordered parolees are subject to the standard conditions (refer CSA s 200); however, substance testing should only be conducted if-

  1. substance abuse has been identified-

    1. as a need through assessment processes (refer procedure - Assessment);
    2. by the nature of the offence/s; or
    3. by the offender's own disclosure during interview; and

  2. there is a reasonable suspicion that the offender is engaging in substance misuse which is likely to increase the offender's risks of re-offending.

If the offender fails a drug test or fails to report as directed, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).

Refer procedure - Substance Testing - Probation and Parole

5. Applications for parole order

5.1 Application for parole release by a parole board other than court ordered parole

An offender's release to parole other than a court ordered parole order must have regard to community safety and be in accordance with the offender's needs, as determined by the relevant parole board.

An offender must lodge a Form 29 - Application by Prisoner for Parole Order with the sentence management unit to apply for parole. The form can not be lodged any earlier than the point the offender is entitled to submit an application (ie 180 days prior to his/her eligibility date or at a date specified by the board, refer CSA s 180).

Upon receipt of Form 29 - Application by Prisoner for Parole Order, the sentence management unit must-

  1. date stamp the application (so that it can be determined if the form was submitted within the 180 day period);
  2. check eligibility status - if not eligible, the form must not be processed (and does not need to go to the board);
  3. enter details on IOMS - this alerts the relevant board, the Probation and Parole office (for home assessment) and Victims Register (refer CSA s 188);
  4. fax the application to the relevant board;
  5. collate and forward relevant documents to district office for home assessment and Probation and Parole Officer (PPO) involved in interview panel and to the board;
  6. collate and forward relevant documents to-

    1. district office for home assessment;
    2. office for probation and parole member involved in interview panel; and
    3. to the relevant board;

  7. schedule an event based review - usually four (4) weeks after receipt of the application (refer procedure - Review);
  8. arrange attendance of a Probation and Parole Officer (PPO) at the review;
  9. research relevant material (refer section 6 of this procedure);
  10. perform event based review for parole assessment in conjunction with normal Offender Management Plan Review (OMPR) if required;
  11. enter outcome in OMPR document. Check box on pre-release screen for parole consideration to open additional screens for parole report;
  12. complete OMPR including recommendation with special conditions as required;
  13. submit the document to the general manager for review (who must return it to sentence management for further information if required. Otherwise, the general manager endorses the parole recommendation and verifies the OMPR document);
  14. once the OMPR is verified, generate on IOMS the PBAR through -

    1. offender file > File Contents > Offender Management > Boards and Committees > click on parole application hyperlink;
    2. in the 'shortcuts' box on the right hand side click on Assessment Unit Report link;
    3. select action/open for editing;
    4. click on the Parole Board Assessment Report link and select 'download'; and
    5. once downloaded select 'edit' (to edit the full report).

  15. review the entire pre-populated report for accuracy, adding additional information and summarising tables whenever possible (refer section 6 of this procedure); and
  16. return the report to the general manager for verification.

The general manager then verifies report for consideration by the relevant board.

The application, parole board report and relevant documents must be forwarded to the relevant parole board.

The board secretariat must ensure all the relevant accompanying documents have been forwarded for consideration by the relevant parole board. The board secretariat may return the document for further information/clarification. Otherwise, the report must be forwarded to the relevant board and the matter scheduled for a meeting.

Refer CSA ss 178-185; Form 29 - Application by Prisoner for Parole Order; Form 33 - Parole Order, procedure - Parole Boards Administration; appendix - Parole Board Report (Assessment) Timeframes; administration form - Parole Board Assessment Report

5.2 Application for exceptional circumstances parole order

Exceptional circumstances parole provides for an offender's early release on parole when exceptional circumstances arise and may start at any time.

Applications and any relevant reports for an exceptional circumstances parole made under CSA s 176 must be processed as set out above and forwarded to the secretary of the appropriate parole board as soon as practicable after the application has been lodged by the offender.

Refer CSA ss 176, 177; Form 28 - Application by Prisoner for Exceptional Circumstances Parole Order; procedure - Parole Boards Administration

5.3 When application lapses

An offender's application for a parole order lapses if, before the application is decided, the offender is sentenced to another term of imprisonment.

Refer CSA s 191

6. Reports to parole board

Refer appendix - Parole Board Assessment Report Guidelines

All reports requested by a parole board, including a home assessment, must be submitted to the board within three (3) weeks of assignment to an officer unless otherwise directed by the board.

6.1 Interstate transfer applications

Please refer to Procedure - Transfer - Interstate transfer of parole.

6.2 Abridged Report

An offender will be assessed using administrative form - Abridged Parole Board Assessment Report (in-confidence) if all of following criteria are met-

  1. the offender had been supervised on a Court Ordered Parole Order and was returned to custody;
  2. the offender had been convicted of non-violent or low level violent and non-sexual offences; and
  3. the offender is serving a total period of imprisonment of three or less years.

Offenders serving a sentence for sexual offences are ineligible for consideration under this process.

6.3 Application for parole

The following documents are required in support of an application -

  1. Form 29 - Application by Prisoner for Parole Order;
  2. parole board assessment report;
  3. criminal history;
  4. QP9 or summary of offence/s if sentencing transcripts are not available;
  5. transcript of sentence for relevant offences;
  6. breach/incident history;
  7. home assessment report;
  8. program participation reports;
  9. documents or submissions from the offender or others; and
  10. relevant psychiatric/psychological reports on file. The general manager may request a report/s to assist in considering the application, prior to making a recommendation. The timeframe for lodgement with the Parole Board must be retained.

If a report is unavailable on IOMS, copies of the relevant report are to be sent directly to the relevant parole board secretary.

Unless specifically requested by the secretary of a parole board the following documents must not be sent with an application -

  1. previous applications and reports;
  2. previous assessment unit reports;
  3. previous home assessments; and
  4. documents or submissions that accompanied an earlier application.

A thorough check should be made of the IOMS system to ensure documents and attachments not linked directly to the IOMS - Parole Assessment Panel Report (eg a progress / update report submitted to the Board on their request after an offender's return to custody and parole has been suspended, liable for cancellation), are considered.

6.4 Update reports for board ordered parole

Generally, unless there are other relevant matters, a board report is only required-

  1. in relation to substance testing, after a confirmation report has established use of the substance tested;
  2. if action is recommended to the board, such as-

    1. indefinite suspension of the parole order;
    2. cancellation of the QCS parole order suspension;
    3. the instigation of a show cause process;

  3. to update the board if-

    1. there is a presenting or emerging issue in the offender management process; or
    2. the board has previously requested an update

The Board must consider all requests for -

  1. interstate travel permit of Board Ordered Parole of eight (8) or more days (refer CSA s 212); and
  2. overseas travel (refer CSA s 213).

The Board need not be informed of interstate travel permits for-

  1. any court ordered parole; or
  2. travel up to and including seven (7) days where the board has ordered parole.

Parole Board update reports must be provided to the relevant parole board on a regular basis in the following circumstances -

  1. a minimum of every six (6) months unless otherwise directed by the board for all offenders released to exceptional circumstances parole; and
  2. a minimum of every 12 months or unless otherwise directed by the board for life sentenced offenders.

Refer administrative form - Parole Board Report (in-confidence)

Unless requested by the board, update reports are not required for court ordered parole.

6.5 Noting of concerns in relation to disclosure of documents provided to the parole board

The parole board must be advised of any concerns held by Queensland Corrective Services in relation to the disclosure of documents provided in accordance with this procedure. This section does not apply to reports from external providers commissioned directly by a parole board.

If possible, the author of a document should note within the document whether there are any concerns in relation to disclosing the document to the offender and the reasons for those concerns. If the author's concerns in relation to disclosure only apply to certain parts of the document this should also be noted. If it is not possible to note concerns in relation to disclosure within the document itself, a separate written advice must be provided outlining any concerns in relation to disclosure.

If a document is provided to the parole board in accordance with this procedure, but has not been prepared by Queensland Corrective Services, concerns in relation to disclosure should be identified by the offender management team and noted in the parole board assessment report or parole board report. For example, if there are any concerns in relation to the disclosure of an external psychological report commissioned for the purposes of preparing a parole board assessment report these concerns should be drawn to the attention of the parole board.

Concerns about disclosure should be noted if the document -

  1. contains sensitive third party information that may place another party at risk or the third party has provided a valid reason for requesting that it not be disclosed to the offender;
  2. includes details of correspondence from eligible persons as defined by the Corrective Services Act 2006 or victims;
  3. contains raw psychological data, program screening tools, program case notes or treatment plans; or
  4. is legally professionally privileged and approval has not been granted for release of the document.

7. Contravention of a parole order

If an offender on a parole order is charged with an offence allegedly committed prior to the current order, this does not constitute a breach of the order.

If an offender tests positive in a substance test, refer procedure - Substance Testing - Probation and Parole; appendices - Substance Testing Guidelines - Probation and Parole (in-confidence); Guidelines for Board Ordered Parole Contraventions Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).

7.1 Offender fails to comply with conditions of a board ordered parole order

Action must be immediately taken when an offender fails to comply, without reasonable excuse, with any condition of a parole order. If an offender fails to comply with a condition of an order, the supervising officer must consult with the relevant manager / supervisor. For court ordered parole A parole board report is only required if some form of action is required of the Board. If so ensure the report is saved on IOMS.

Refer procedure - Contravention - Probation and Parole; administrative form - Parole Board Report (in-confidence)

7.2 Offender fails to comply with conditions of a court ordered parole order

The relevant parole board should only be notified following-

  1. amendment or suspension of an offender's court ordered parole order.

Refer procedure - Contravention - Probation and Parole; appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence); administrative form - Parole Board Report (in-confidence)

7.3 Offender charged with or convicted of a further offence

The supervising officer must notify the relevant district manager / supervisor if the supervising officer receives information that the offender has been charged or convicted of a further offence. The chief executive or delegate must decide whether the order is to be suspended or not. If a Parolee is charged or convicted of a serious violent offence according to the Penalty and Sentences ACT 1992 or receives media attention, administrative form - Custodial and District Office Incident Report (in-confidence) must be submitted (refer procedure - Incident Reporting).

Refer administrative form - Parole Board Report (in-confidence)

If board action is requested (eg suspension or amendment of parole order), a report regarding the alleged charges or convictions must be provided to the relevant parole board that includes -

  1. QP9 and sentencing remarks, if available;
  2. the circumstances of current charge/conviction;
  3. the details of the offender's offender management plan and progress to date;
  4. the supervising officer's response to the further offending (for example, referral to drug rehabilitation);
  5. a recommendation on action to be taken.

The progress of any court matter and detail of any adjournments and final outcome must be monitored and if relevant (eg when a sentencing court decided to release an offender to bail in association for offences committed while on court ordered parole) advice forwarded to the parole board as soon as available.

8. Amendment of parole order

8.1 Amendment of parole order by chief executive

The chief executive or delegate may only amend a parole order if an offender -

  1. fails to comply with a condition of a parole order (refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence)); or
  2. poses a serious and immediate risk of harm to himself or herself.

Refer CSA 201(1); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

8.2 Amendment process

If requesting an amendment to a parole order, the officer must-

  1. Create a new board amendement matter on the offenders IOMS page.
  2. provide administrative form - Parole Board Report (in-confidence) to the relevant Board.

.

If requesting an amendment to a court ordered parole order, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).

8.3 Amendment by parole board

A parole board may amend a condition of a parole order if the board reasonably believes the offender -

  1. has failed to comply with the parole order;
  2. poses a risk of self-harm or a serious risk to another person;
  3. poses an unacceptable risk of re-offending; or
  4. is preparing to leave Queensland without permission.

For orders granted by a parole board, a parole board may also amend the order if it receives information that would have resulted in the parole board making a different order, before the parole order was made.

If the offender is charged with committing an offence, a parole board may amend or suspend (but not cancel) a parole order.

Before amending an order, the offender must, if practicable, be given an opportunity to respond to a proposed amendment.

9. Suspension of parole order

9.1 Suspension by chief executive or delegate

Refer appendix - Suspension - Queensland Parole Order

The chief executive or delegate may suspend a parole order if the chief executive or delegate reasonably believes the offender -

  1. has failed to comply with the board ordered parole order or continued failure to comply in relation to a court ordered parole order (refer appendix -Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence));
  2. poses a serious risk to another person;
  3. poses an unacceptable risk of re-offending; or
  4. is preparing to leave Queensland without permission.

The chief executive or delegate must suspend a parole order if a confirmation urinalysis report confirms a positive result to amphetamines, methamphetamines, opiates and / or cocaine unless the offender has provided proof from a medical practitioner that s/he has been prescribed medication or has been recommended to use over-the-counter medication that would explain the result.

Refer - Appendix - Drug Test Cut-Off Levels, Procedure - Substance Testing Probation and Parole; Appendix - Guidelines for Managing Contravention Court Ordered Parole Orders

In considering whether to suspend a parole order, the chief executive or delegate must consider the safety of the community. In doing so, the chief executive or delegate may take into consideration the following, but is not limited to -

  1. whether the offender has a "reasonable excuse";
  2. the offender's original offence;
  3. the offender's identified criminogenic risk factors (eg regarding illicit drug use, whether there is a link between the offender's use of a particular drug and his/her offending behaviour);
  4. the offender's response to community supervision (eg including reintegration factors such as employment and family responsibilities);
  5. the offender's general conduct;
  6. the offender's psychological state; and
  7. intelligence received on the offender from police or other sources.

Refer CSA s 201(2); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

9.2 When suspended by chief executive or delegate

Once a decision has been made to suspend a parole order and an incident report generated (refer procedure - Incident Reporting), suspension documentation should be prepared, prior to the offender next reporting. The incident report should clearly document the reason the suspension and the dates of the decision to suspend.

If the offender is present at the time the suspension decision is made, the district manager/supervisor must determine whether it is in the interest of the safety and security of the office to have Police execute the warrant at the district office.

If unsafe to do so the offender should be directed to immediately report to Police. Alternatively, the officer should direct the offender to leave the office and advise the Police of the outstanding warrant.

Refer to Appendix Suspension - Queensland Parole Order

9.3 Suspension process

If suspending a court ordered parole order, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).

The following process should be followed when suspending a parole order -



  1. Approval decision noted by delegate in IOMS. Ideally this will be a case note inputted by the District Manager detailing the reasons for the suspension and that consultation has occurred with the Regional Manager.
  2. Create an incident on IOMS. The incident type should be the relevant suspension and be recorded as level 2.
  3. Create a new Board Suspension Matter in the Offenders IOMS Page. This can be located through Offenders Summary page - File Contents - Offender Management - Board and Committee - Actions - Add New - Suspension.
  4. Complete Form 37 - Warrant by Chief Executive for Arrest and Conveyance of Prisoner to Prison, Warrant Letter from Parole Board to Police Information Centre; This is to be completed using the warrant package on IOMS.
  5. Fax a copy of the warrant to the Police Warrant Bureau. Refer administrative form Fax Cover to Police Information Centre (in-confidence)
  6. send the original warrant to Police Warrant Bureau with covering letter, refer administrative form - Warrant Letter from Parole Board to Police Information Centre (in-confidence) (unless the warrant has been executed);
  7. Do not complete the order on IOMS until notification of cancellation has been received from the Board.
  8. Complete a report to the relevant parole board outlining the offender's response to supervision to date (refer administrative form - Parole Board Report). The board will not have an existing file on a court ordered parolee, ensure that all relevant paperwork is forwarded with the report to the board so that they can make an informed decision. Relevant paperwork may include-

    1. a copy of the relevant reasonable direction (if suspension is because of a positive urine test);
    2. criminal history;
    3. QP 9's or VJR; and
    4. a copy of the order.

If the parolee is in Police custody at the time of suspension a warrant is still required.

If the delegate suspends a parole order, the report to the board must-

  1. indicate the facts surrounding the incident associated with the breach, identifying the specific condition/s of the parole order or legislative provision that provides grounds for suspension;
  2. clearly establish the link between the breach and relevant risk factors (eg previous offending behaviour);
  3. be sent to the board within two working days of the suspension.

If a parole order is suspended, the supervising Probation and Parole officer must-

  1. continue to monitor the offender even if in custody until such time as the order is cancelled or the order completed;
  2. advise the relevant parole board of any material change of circumstances in relation to the offender during that period including but not limited to-

    1. any cancellation of parole not initiated by the board;
    2. if the offender is remanded on further charges;
    3. any court dates; or
    4. any adjournment dates.

Refer CSA ss 201-203; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Incident Reporting

9.4 Suspension or cancellation of parole order by parole board

A parole board may suspend or cancel a parole order if the board reasonably believes the offender -

  1. has failed to comply with the parole order;
  2. poses a serious risk to another person;
  3. poses an unacceptable risk of re-offending; or
  4. is preparing to leave Queensland without permission.

For orders granted by a parole board, a parole board may also suspend or cancel the order if it receives information that would have resulted in the parole board making a different order, before the parole order was made.

A parole board can only amend or suspend a parole order if the offender is charged with committing an offence.

Refer CSA s 205

9.5 Amendment, suspension or cancellation process for parole board that is suspending or cancelling a parole order

Refer procedure - Parole Boards Administration

10. Return to a high security facility

Officers should not escort offenders from a probation and parole office to police custody.

10.1 Offender at risk of self harm

If a corrective services officer becomes aware that an offender is to be returned to a high security facility and that the offender is at risk of suicide or self harm, the officer must ensure that the officer-in-charge of the facility to which the offender is first taken, including a watch house, is advised in writing that the offender is at risk.

Refer procedure - At-Risk Management (Self Harm/Suicide)

10.2 Offender who is primary care giver

If a corrective services officer is aware that an offender to be returned to a high security facility is the primary care giver of a person, the officer must take reasonable steps to ensure the safety and well being of the person. This may require liaison with another authority, for example, if a child, the Department of Communities (Child Safety Services).

Refer procedure - Child Safety

11. Suspension or cancellation of order by a parole board

When advice has been received from a parole board that a warrant has been issued, the warrant must be faxed to the Police Warrant Bureau. Refer administrative from Fax Cover to Police Information Centre (in-confidence).

If there is concern that the offender may re-offend the district manager or supervisor must contact the officer in charge of the police station nearest the offender's usual place of residence and request that the warrant be executed.

Refer CSA s 205

12. Reconsideration of decision to amend or cancel order

Refer CSA ss 207, 208

If a parole board suspends or cancels an offender's parole order, the board must give the offender the opportunity to address the board as to why this decision should be changed.

Refer procedure - Parole Boards Administration

13. Automatic cancellation of parole order

Refer CSA s 209

A parole order is automatically cancelled when there is a conviction for a further offence committed during the currency of the parole order that leads to imprisonment. This does not apply to the below orders that may include a term of imprisonment:

a) wholly suspended orders (under the Penalties and Sentences Act 1992, part 8)

b) intensive corrections orders

c) intensive drug rehabilitation orders; or

d) periods of imprisonment required to be served until the court rises

The relevant board must be informed of the automatic cancellation and the Board will in turn determine whether further action is required , except when an offender is subject to court ordered parole and the board had not previously been involved in the management of that particular order.

14. Transitional arrangements for resettlement leave of absence

Amendments to the Corrective Services Act 2006 which took effect in 2009 remove the entitlement of offenders to apply for a resettlement leave of absence program (refer CSA ss 481-485). If the offender made an application before this date it can be considered by the Queensland Parole Board and a resettlement leave program can be approved. The program approved will then be managed as set out in this procedure.

Programs approved before this date continue in effect and can be managed as set out in this procedure.

14.1 Refuse to grant a resettlement leave by chief executive or delegate

Resettlement leave should not be granted if information is received that may result in the Queensland Parole Board suspending or cancelling its approval for the resettlement program. A report should be sent to the Queensland Parole Board as soon as possible outlining the reason the leave was not granted.

Refer CSA s 74; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Leave of Absence

14.2 Suspension of order for resettlement leave by chief executive or delegate

Immediately on suspending an order for resettlement leave, written notice should be sent to the Queensland Parole Board (refer administrative form - Parole Board Report (in-confidence))

Refer CSA s 86; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Leave of Absence

14.3 Amend, suspend or cancel resettlement leave program by Board

Refer procedure - Parole Boards Administration

15. Revocation of Federal parole or licence

The Commonwealth Attorney-General may revoke a parole order or licence if an offender has failed to comply with a condition or if reasonable grounds exist for suspecting that the offender has failed to comply.

Reports detailing breaches of Commonwealth Parole Orders should be forwarded to the Principal Legal Officer, Parole and Remissions Section, Attorney-General's Department, Canberra.

The procedure for reporting a breach is similar for reports to boards under section 7 of this procedure, with the exception that documentation is forwarded to the Commonwealth Attorney General.

The Attorney-General will normally notify the offender in writing of the condition alleged to have been contravened and give the offender 14 days to show cause why the order should not be revoked. If the offender is unlawfully at large or has left Australia or if the Attorney-General considers there are valid circumstances, the order may be revoked without prior notice.





KELVIN ANDERSON
Commissioner





Version History

17/09/2010 Version 12 - 03/08/2010 Version 11 - 21/09/2009 Version 10 - 23/12/2008 Version 09 - 15/10/2008 Version 08 - 11/02/2008 Version 07 - 05/02/2008 Version 06 - 04/06/2007 Version 05 - 28/08/2006 Version 04 - 10/03/2006 Version 03 - 15/08/2005 Version 02 [Post Prison Community Based Release Orders] -- 01/05/2003 Version 01- 01/07/2001 Version 00