Ministerial accountability for parole decisions
Senator Cash and other Coalition speakers argued the bills would shift responsibility for serious parole decisions away from the Attorney-General and weaken direct parliamentary accountability.
This bill became law on Apr 8th, 2026.
Law, justice & rights
Amends Part IB of the Crimes Act 1914The part of the federal Crimes Act that deals with sentencing, imprisonment and release arrangements for federal offenders. This bill amends that part so the Board can take over key parole functions. so the new Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people., rather than the Attorney-General, becomes the main decision-maker for federal parole and related conditional release decisions.
The bill was introduced as the machinery bill for the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. reform. The principal bill created the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people.; this bill amended the Crimes Act 1914 so the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. could take over parole, licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework., revocation, rescissionThe Board’s power under the bill to set aside a parole order or licence before release in specified circumstances, such as serious safety risk or a substantial change in relevant information. and related transition functions from the Attorney-General while keeping statutory timeframes, review avenues and transitional continuity.
The bill formed part of a two-bill package to move federal parole decision-making from ministerial arrangements to an independent statutory BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people.. The broader debate was about how to balance expert, risk-informed parole decisions with democratic accountability, victims’ participation, procedural fairness and smooth transition from the old Crimes Act framework.
Criticism focused on accountability and safeguards. Coalition speakers argued that parole decisions affecting community safety should remain with an elected Attorney-General or at least be subject to ministerial objection powers. Other objections raised in debate concerned victims’ participation, the strength and publication of BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. guidelines, and whether the bill gave enough statutory protection for procedural fairness and representation.
Hon Michelle Rowland MP introduced this bill. It passed with support from Labor, Greens, some crossbench members; opposed by Liberal Party, Nationals, Centre Alliance, some crossbench members.
Did it become law?
Yes
Became law 08 Apr 2026
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
182 days
From introduction to the latest recorded parliamentary step
Meaning
Amends Part IB of the Crimes Act 1914The part of the federal Crimes Act that deals with sentencing, imprisonment and release arrangements for federal offenders. This bill amends that part so the Board can take over key parole functions. so the new Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people., rather than the Attorney-General, becomes the main decision-maker for federal parole and related conditional release decisions.
Requires the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. to decide whether to make, refuse or defer a parole orderA written order allowing a person to serve part of their sentence in the community, usually with conditions and possible supervision. before a federal offenderA person sentenced for an offence against Commonwealth law whose parole and related release arrangements are dealt with under the federal Crimes Act framework. reaches the end of their non-parole periodThe minimum part of a prison sentence that must be served before a person can be considered for release on parole., with any deferral limited to no later than three months after that date.
Keeps regular reconsideration after parole refusal, but lets the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. set a reconsideration periodThe period after a parole refusal within which the Board must reconsider whether to make a parole order. The bill allows this to be 12 months, or more than 12 months and up to 24 months if the Board considers that appropriate. longer than 12 months and up to 24 months where it considers that appropriate.
Lets the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. rescind a parole orderA written order allowing a person to serve part of their sentence in the community, usually with conditions and possible supervision. or licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework. before release in specified circumstances, including serious safety risks, the person asking for rescissionThe Board’s power under the bill to set aside a parole order or licence before release in specified circumstances, such as serious safety risk or a substantial change in relevant information., or a substantial change in a matter considered when the order or licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework. was made.
Sets transitional rules so existing parole orders, licences, pending refusal notices, judicial reviewCourt review of whether a decision was lawfully made. The explanatory memorandum says parole decisions remain subject to review under the Administrative Decisions (Judicial Review) Act 1977 and the Judiciary Act 1903. rights and information-sharing arrangements can continue when the new BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. framework starts.
Commences immediately after Part 2 of the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. Act 2026 starts, so the consequential amendments operate only once the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. framework is in place.
Schedule 1 makes consequential amendments to the Crimes Act to support the transition of decision-making from the Attorney-General to the Board, and to confer powers on the Board to make efficient and effective independent, risk-informed decisions about the conditional release and management of federal offenders and other detained persons.Commonwealth Parole Board consequential bill explanatory memorandum
The Commonwealth Parole Board must, before the end of the non-parole period fixed for a person ... decide to make a parole order ... refuse to make a parole order ... or defer deciding whether to make or refuse to make a parole order ... not later than 3 months after the end of the non-parole period.Commonwealth Parole Board consequential bill as passed
The reconsideration period, for a refusal to make a parole order for a person, is: the period of 12 months beginning on the day of the refusal; or ... a period of more than 12 months, but not more than 24 months, beginning on the day of the refusal.Commonwealth Parole Board consequential bill as passed
The Commonwealth Parole Board may ... rescind a parole order or licence for a person at any time during the person’s relevant pre-release period if ... the person would pose a serious identifiable risk to the safety of the community ... or ... the person has requested the rescission ... or ... there has been a substantial change in a matter considered by the Commonwealth Parole Board.Commonwealth Parole Board consequential bill as passed
Schedule 2—Transitional provisions ... Saving of current parole orders ... Transitional—notices under section 19AL of the Crimes Act 1914 ... Transitional—judicial review ... Transitional—information sharing.Commonwealth Parole Board consequential bill as passed
The whole of this Act Immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026.Commonwealth Parole Board consequential bill as passed
Context
The bill formed part of a two-bill package to move federal parole decision-making from ministerial arrangements to an independent statutory BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people.. The broader debate was about how to balance expert, risk-informed parole decisions with democratic accountability, victims’ participation, procedural fairness and smooth transition from the old Crimes Act framework.
Federal parole decisions sat with the Attorney-General
The minister’s second reading speech said the existing Crimes Act framework made the Attorney-General the decision-maker for federal offenders and other detainees under Part IB.
Minister’s second reading speech ↗Government introduced a two-bill parole package
The explanatory memorandum said the principal bill would establish the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. and the consequential bill would amend the Crimes Act to give effect to that change.
Explanatory memorandum ↗Senate committee examined the parole bills
The APH notes record referral to the Senate Legal and Constitutional Affairs Legislation Committee, with a committee report due on 19 November 2025.
APH bill page notes ↗House debate focused on transfer and timing rules
Government speakers said the consequential bill would transfer parole functions to the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. and add flexibility around deferral and reconsideration while preserving regular parole consideration.
House Hansard ↗Senate debate sharpened accountability objections
Opposition senators argued the reform would move serious parole decisions from an elected Attorney-General to an appointed BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people., while government and Greens speakers supported independent decision-making.
Senate Hansard ↗Senate rejected Attorney-General objection powers
The Senate defeated Senator Cash’s consequential-bill amendments that would have required notice to the Attorney-General and allowed objections before parole orders or licences were granted.
Senate division and amendment sheet 3655 ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill was referred to Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025).
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
Recorded vote: 101 to 41.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Recorded vote: 38 to 20.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Recorded vote: 38 to 21.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal approval that turns a passed bill into an Act. This bill received Royal Assent on 8 April 2026., turning the bill into an Act.
Key criticism
Criticism focused on accountability and safeguards. Coalition speakers argued that parole decisions affecting community safety should remain with an elected Attorney-General or at least be subject to ministerial objection powers. Other objections raised in debate concerned victims’ participation, the strength and publication of BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. guidelines, and whether the bill gave enough statutory protection for procedural fairness and representation.
These criticisms are drawn from the supplied parliamentary speeches, amendment sheet and recorded divisions. They do not show that the amendment proposals were adopted; the Senate rejected the consequential-bill objection-power amendments.
Ministerial accountability for parole decisions
Senator Cash and other Coalition speakers argued the bills would shift responsibility for serious parole decisions away from the Attorney-General and weaken direct parliamentary accountability.
Attorney-General objection power
Senator Cash’s sheet 3655 amendments would have required the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. to notify the Attorney-General before making a parole orderA written order allowing a person to serve part of their sentence in the community, usually with conditions and possible supervision. or granting a licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework., and would have allowed a written objection to stop the grant.
Victims and Board procedure
Senator Scarr and Senator Brockman criticised the package for leaving too much about victims’ participation and BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. procedure to guidelines rather than setting stronger statutory rules.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 38 to 21. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP.
Earlier bill-stage votes
Passed 38 to 20. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party and Nationals.
Passed 101 to 41. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 22 to 35. Support came from Liberal Party, One Nation, and Nationals. Opposition came from Labor, Greens, and minor parties and independents.
The question was defeated, so the Senate removed the Secretary delegation clause from the related principal bill.
Passed 38 to 21. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP.
The Senate agreed to the replacement decision-making rule in the related principal bill.
Defeated 25 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents.
The Senate rejected the broader termination power for BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. members.
Defeated 25 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents.
The Senate rejected ministerial objection powers over the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people.’s parole orderA written order allowing a person to serve part of their sentence in the community, usually with conditions and possible supervision. and licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework. decisions.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Michelle Rowland said the bill would amend Part IB of the Crimes Act so the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. could take over parole, licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework., revocation, travel and related release decisions from the Attorney-General.
Read in Hansard ↗Paul Scarr opposed the package, arguing that the Attorney-General’s role carries public accountability and that the proposed BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. framework lacked stronger statutory protections for victims and published guidelines.
Read in Hansard ↗David Shoebridge said the Greens would support the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. Bill because parole decisions for Commonwealth prisoners should be made by an independent authority rather than a politician.
Read in Hansard ↗Shayne Neumann supported the package, presenting the BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. as an independent expert body for deciding whether federal offenders should be released and under what conditions.
Read in Hansard ↗All speeches by bloc
5 speakers · 6 contributions · 5 support
“The legislation will establish a new independent Commonwealth Parole Board, which will strengthen community safety by empowering law enforcement and community safety experts to make critical decisions.”Read the full speech in Hansard ↗
“These bills are an important step in ensuring that, for federal offences, there is an independent and effective process for assessing the risk of releasing an offender.”Read the full speech in Hansard ↗
“The Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 establish an independent Commonwealth Parole Board and transfer federal parole decision-making to an expert statutory body.”Read the full speech in Hansard ↗
“It is about strengthening our justice system and building a stronger, fairer and more effective federal parole system.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Michelle Rowland on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Michelle Rowland said the bill would amend Part IB of the Crimes Act so the Commonwealth Parole BoardThe statutory Board established by the companion Act to make decisions about parole and related conditional release arrangements for federal offenders and other detained people. could take over parole, licenceA form of conditional release under Part IB of the Crimes Act. The bill transfers licence decisions from the Attorney-General framework to the Board framework., revocation, travel and related release decisions from the Attorney-General.
“This bill replaces the Attorney-General as the decision-maker for federal offenders, and other detainees, within part 1B of the Crimes Act.”Read this contribution in Hansard ↗
Second reading speech
Michelle Rowland closed the House debate by saying the bills would create independent, risk-informed decision-making arrangements for the release and management of federal offenders and other detained people.
“This legislation will ensure that decisions about the release and management of federal offenders are made by people who have the appropriate skills and experience.”Read this contribution in Hansard ↗
6 speakers · 6 oppose
“There is a benefit in the Attorney-General, an elected official, having this power and being responsible for the exercise of this power in this place.”Read the full speech in Hansard ↗
“I cannot understand why Labor wants to outsource what should be the work of a minister—it should be the role of the Attorney-General.”Read the full speech in Hansard ↗
“Instead of parole decisions being made by the Attorney-General, this bill would hand that responsibility to a newly created Commonwealth Parole Board.”Read the full speech in Hansard ↗
“These bills are not a technical reform ... They are about ... walking away from its responsibility for the safety of the Australian public.”Read the full speech in Hansard ↗
“This bill would strip the decision-making responsibility about parole for federal offenders from the Attorney-General.”Read the full speech in Hansard ↗
“The trouble with the approach the government is bringing to the table is that it has not taken on those learnings.”Read the full speech in Hansard ↗
1 speaker · 1 support
“We’ll be supporting the Commonwealth Parole Board Bill 2025, and we are very much looking forward to an independent Commonwealth parole authority.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Recorded vote: 101 to 41.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 38 to 20.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Recorded vote: 38 to 21.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal approval that turns a passed bill into an Act. This bill received Royal Assent on 8 April 2026., turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025)
Referred to committee
The bill was referred to Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025).
Referred to Committee (30 Oct 2025): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19 Nov 2025)
APH bill page notes