Bill
Commonwealth Parole Board Bill 2025
passed, as at 2026-04-08. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2025-10-08
- second reading — 2025-10-08
- other — 2025-11-25
- second reading — 2025-11-25
- other — 2025-11-26
- second reading — 2025-11-26
- third reading — 2025-11-26
- introduced — 2025-11-27
- second reading — 2025-11-27
- second reading — 2026-03-02
- second reading — 2026-03-04
- second reading — 2026-03-05
- second reading — 2026-04-01
- third reading — 2026-04-01
- other — 2026-04-01
- passed — 2026-04-01
- royal assent — 2026-04-08
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debates/?id=2026-04-01.136.2) to agree with the amendments made to the bill in the Senate. Since this means the bill in its final form has now been agreed to in both the Senate and the House, it can now become law. ### What do these amendments do? According to the [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7385_ems_1139314e-92c8-4b47-a1e1-88166a32b9dc%22;rec=0) (which is a document prepared by the Government, who introduced the bill and amendments): > *The purpose of these amendments ... is to ensure the Commonwealth Parole Board can continue to discharge its functions in circumstances where it is not appropriate that the Chair or Deputy Chair of the Board participate in making a decision or either is not available.* > > *[They] remove the ability of the Chair of the Commonwealth Parole Board (the Board) to request the Secretary of the Department to participate as a member of the Board in a meeting of the Board, or in making a decision without a meeting. It removes the ability for the Secretary to delegate this function to senior executive officers in the Department.* > > *The amendments instead allow the Chair to request a sessional member to participate in a meeting or in making a decision of the Board in the capacity of the Chair or the Deputy Chair in specified circumstances.* ### What does the bill do? The bill was introduced alongside the Commonwealth Parole Board Bill 2025. According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2526/26bd030), which is a nonpartisan document prepared by the parliamentary library: > *The Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 establish an independent Commonwealth Parole Board that will make — 2026-04-01, House of Representatives: affirmative, ayes 93, noes 33
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2026-04-01.23.2) "*that the bills be now read a second time."* In other words, they voted to agree with the main idea of the bills. ### Agree with the bills' main idea According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2526/26bd030), which is a nonpartisan document prepared by the parliamentary library: > *The Commonwealth is the only Australian jurisdiction without an independent parole board. Parole decisions regarding federal offenders are currently made by the Commonwealth Parole Office (which sits within the Attorney-General’s Department) in coordination with the Attorney-General.* > > *The Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 establish an independent Commonwealth Parole Board that will make parole decisions for federal offenders. The Parole Board will:* > > * *be constituted by a Chair, Deputy Chair and at least 3 sessional members, who will have expertise in relevant parole-related matters* > > * *have the power to make, amend, revoke or rescind parole for federal offenders* > > * *be authorised to request relevant information from relevant persons (as prescribed by the rules) and, where relevant, disclose information to relevant persons including law enforcement officials* > > * *have discretion in exercising its functions and powers.* > > *In deciding to make parole decisions, the Parole Board may consider a broad range of matters that the Attorney-General can currently consider, including the risk to the community of releasing the person on parole; the person’s conduct while they have been serving their sentence; and the likely effect on the victim, or victim’s family, of releasing the person on parole.* > > *The Law Council of Australia has welcomed the introduction of the Parole Board Bill as ‘an important step towards taking politic — 2026-04-01, Senate: affirmative, ayes 38, noes 20
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2026-04-01.23.1) that clause 43 stand as printed. This was proposed by the Government with a view of [replacing the clause](https://theyvoteforyou.org.au/divisions/senate/2026-04-01/7). — 2026-04-01, Senate: negative, ayes 22, noes 35
- The majority voted in favour of [Government amendment (1)](https://www.openaustralia.org.au/senate/?gid=2026-04-01.25.1), which means it will now be included in the bill. The amendment related to the role of Secretary. ### Amendment text > *(1) Clause 24, page 13 (lines 1 to 30), omit the clause, substitute:* > >> *24 Sessional member may participate as Chair or Deputy Chair of the Commonwealth Parole Board in specified circumstances* >> >>> *(1) This section applies if:* >>> >>>> *(a) the Chair or the Deputy Chair is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations in a meeting, or to take part in any decision, of the Commonwealth Parole Board with respect to a particular matter; or* >>>> >>>> *(b) the Chair or the Deputy Chair is not readily available to attend a meeting or participate in making a decision of the Commonwealth Parole Board, whether because of a vacancy in the office or for any other reason; or* >>>> >>>> *(c) the Chair considers it appropriate for any other reason to make a request under subsection (2) in relation to a meeting of, or the making of a decision by, the Commonwealth Parole Board.* >>> >>> *(2) The Chair may request that a sessional member participate, in the capacity of the Chair or the Deputy Chair, in the meeting, or in making the decision.* >>> >>> *(3) For the purposes of a sessional member participating in a meeting, or making a decision, in the capacity of the Chair or the Deputy Chair as permitted by subsection (2):* >>> >>>> *(a) the sessional member may exercise a power or perform a function of the Chair or Deputy Chair, as the case requires, in accordance with the request of the Chair in relation to the meeting or decision; and* >>>> >>>> *(b) the sessional member is taken to be the Chair or Deputy Chair, as the case requires, for all purposes in relation to the meeting or decision.* — 2026-04-01, Senate: affirmative, ayes 38, noes 21
- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7385_amend_401d89c9-d62f-4c0f-86c2-63df082d7a36%22;rec=0) by West Australian Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash) (Liberal), which means they were not successful. ### Amendment text > *(1) Clause 40, page 22 (line 24) to page 23 (line 26), omit subclauses 40(1) and (2), substitute:* > >> *The Governor-General may, on recommendation of the Minister, terminate the appointment of a member at any time.* — 2026-04-01, Senate: negative, ayes 25, noes 34
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2026-04-01.32.1 introduced by WA Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash) (Liberal), which means it failed. These amendments related to an Attorney‑General objection power. ### Amendment text > *(1) Schedule 1, item 6, page 6 (after line 13), after section 19AKC, insert:* > >> *19AKCA Attorney-General may object to decisions to make parole orders* >> >> *(1) Before the Commonwealth Parole Board decides to make a parole order for a person, the Commonwealth Parole Board must give the Attorney-General written notice of the Commonwealth Parole Board's intention to do so.* >> >> *(2) The Attorney-General may, within 14 days of receiving the notice, object in writing to the Commonwealth Parole Board deciding to make the parole order for the person.* >> >> *(3) The Commonwealth Parole Board cannot decide to make the parole order for the person (despite paragraphs 19AKB(1)(a) and 19AKC(1)(a)):* >> >>> *(a) before the end of that 14-day period; or* >>> >>> *(b) if the Commonwealth Parole Board receives an objection from the Attorney-General under subsection (2) within that 14-day period.* >> >> *(4) In making an objection under subsection (2), the Attorney-General must have regard to the purposes of parole as set out in section 19AKA.* >> >> *(5) An objection under subsection (2) must set out the Attorney-General's reasons for making the objection.* > > *(2) Schedule 1, page 9 (after line 29), after item 15, insert:* >> >> *15A After subsection 19AP(7)* >> >> *Insert:* >> >>> *(7A) Before the Commonwealth Parole Board grants a licence under this section, the Commonwealth Parole Board must give the Attorney-General written notice of the Commonwealth Parole Board's intention to do so.* >>> >>> *(7B) The Attorney-General may, within 14 days of receiving the notice, object in writing to the Commonwealth Parole Board granting the licence.* >>> >>> — 2026-04-01, Senate: negative, ayes 25, noes 34
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2026-04-01.34.1) to agree to the remaining stages of the bill so that it will now be passed in the Senate. In parliamentary jargon, they voted to read the bill for a third time. Since the bill had already passed in the House of Representatives, it will now become law. ### What does the bill do? The bill was introduced alongside the Commonwealth Parole Board Bill 2025. According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2526/26bd030), which is a nonpartisan document prepared by the parliamentary library: > *The Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 establish an independent Commonwealth Parole Board that will make parole decisions for federal offenders. The Parole Board will:* > > * *be constituted by a Chair, Deputy Chair and at least 3 sessional members, who will have expertise in relevant parole-related matters* > * *have the power to make, amend, revoke or rescind parole for federal offenders* > * *be authorised to request relevant information from relevant persons (as prescribed by the rules) and, where relevant, disclose information to relevant persons including law enforcement officials* > * *have discretion in exercising its functions and powers.* — 2026-04-01, Senate: affirmative, ayes 38, noes 21
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2025-10-08.
This bill is part of a package that would create an independent Commonwealth Parole Board to decide on the conditional release and supervision of federal offenders.
The Board would be staffed by experts qualified to assess community risk and offender suitability for parole.
The package would embed principles of impartiality, independence, transparency and accountability in federal parole decisions.
- Establishes a statutory independent Commonwealth Parole Board.
- Gives the Board power to make risk-informed decisions about conditional release and management of federal offenders.
- Requires parole decisions to be made by experts with relevant qualifications and experience.
- Embeds principles of impartiality, independence, transparency and accountability in federal parole decision-making.
Federal offenders and other detained persons, and the community.
Sources
em
em supp
billhome
frl act