Parole and show cause notices

 

In Queensland, the authority that makes decisions regarding parole is the Parole Board Queensland (‘the Board’). The Board has the power to indefinitely suspend or cancel a parole order when they reasonably believe that a person in detention:

 

  • Has failed to follow a condition of their parole order (such as a curfew condition or negative urine drug tests);
  • Presents a “serious and immediate risk of harm” to another person;
  • Presents an “unacceptable risk” of committing an offence;
  • Are preparing to leave Queensland without permission to do so; and/or
  • Have been charged with a criminal offence.

 

As is apparent from the list above, the Board has the power to suspend or cancel a parole order even if the person has not been charged with a criminal offence or breached a condition of their parole (although these are the most common reasons for the decision).

 

What is the process?

 

Once a decision has been made to immediately suspend your parole, the Board will issue a warrant for your return to custody. This decision is sometimes initially made by a single member of the Board, and within two business days, the Board is required to consider the decision again. They will decide whether to confirm or set aside the decision.

 

If the Board decides to set aside the decision, you will be released from custody.

 

If the Board decides to confirm the decision, they will suspend your parole order. You will be issued with a document called an “Information Notice”. This document will:

 

  • Confirm that your order has been suspended;
  • Outline the grounds for your suspension and the reasons the Board decided to suspend your order; and
  • Ask that you “show cause” within 21 days of receiving the Information Notice.

 

How do you “show cause”?

 

This part of the process allows you to tell your side of the story and explain why you should be released on parole. You should draft a letter containing submissions that address the grounds and reasons for your parole suspension.

 

Suspension due to further offences

 

If you have been suspended because you were charged with further offences, you will need to make submissions about matters including the following:

 

  • The seriousness of the charges;
  • Whether you have been released on bail for the charges (this does not mean that you will automatically be granted parole);
  • Your personal circumstances (whether you are employed, whether you have been engaged in rehabilitation/treatment, your physical health);
  • Your track record with parole supervision; and
  • The length of time needed to determine the outcome of the charge.

 

You should be careful in discussing the circumstances of the offending, especially if you wish to contest the new charges. You should be careful not to incriminate yourself in those circumstances.

 

Failure to comply with parole order

 

If you have been suspended because you breached a condition on your parole order, you will need to make submissions about matters including the following:

 

  • The seriousness of your failure to comply;
  • The circumstances surrounding your failure to comply;
  • Your home environment (including whether you have supportive family and friends);
  • Your personal circumstances (whether you are employed, whether you have been engaged in rehabilitation/treatment, your physical health); and
  • Your track record with parole supervision.

 

It is also important to discuss what steps you will take to ensure you do not fail to comply again, such as participation in treatment programs and counselling.

 

If your failure to comply was related to a relapse, the Board may ask you to complete a Relapse Prevention Plan. It is crucial that you complete this plan and take it very seriously. The Board may also review your accommodation again to decide whether it is appropriate.

 

How long does it take for a decision to be made?

 

While the decision must be made within a reasonable time, there is no legislative timeframe within which the Board is required to reconsider their decision.

 

Unfortunately, the process may take some months and there may be requests for further information from the Board. Sometimes, the Board will reconsider the decision multiple times before making a final decision. They will write to you each time your parole suspension is reconsidered.

 

Can a decision to suspend parole be appealed?

 

If the Board confirms their decision to suspend your parole, you can lodge an application for review of the decision in the Supreme Court of Queensland.

 

Because the Board is a public entity, it is required to act and make decisions in a way that respects and upholds human rights under the Human Rights Act 2019 (Qld).

Any relevant human rights considerations (as they arise under the Act) must be taken into account when deciding whether to cancel your parole.

 

How Robertson O’Gorman can help

 

Our team has significant experience in making show cause submissions as well as appearing in the Supreme Court of Queensland for appeals of Parole Board decisions. Contact us on our website or call (07) 3034 0000 for a free case appraisal.