Commonwealth Parole Board (Consequential and Transitional Provisions)

Current status

This bill became law on Apr 8th, 2026.

Policy area

Law, justice & rights

What does this bill do?

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.

Why was it introduced?

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.

Broader 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.

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.

Who supported it?

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.

Introduced in House 08 Oct 2025
Passed House 26 Nov 2025
Passed Senate 01 Apr 2026 Aye 38 No 21
Became law 08 Apr 2026

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

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

Show source excerpts
  1. 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
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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

Broader context for this bill

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.

  1. Before Oct 2025

    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 ↗
  2. 08 Oct 2025

    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 ↗
  3. 30 Oct 2025

    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 ↗
  4. 25 Nov 2025

    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 ↗
  5. 02 Mar 2026

    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 ↗
  6. 01 Apr 2026

    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 ↗

How did it move through Parliament?

House Senate
Introduced 08 Oct 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 08 Oct 2025

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025) review 30 Oct 2025

The bill was referred to Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025).

Referred to committee

APH bill page notes
Sent to Federation Chamber for debate 25 Nov 2025

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 25 Nov 2025

The bill reached this recorded parliamentary step.

Second reading debate

Returned from Federation Chamber 26 Nov 2025

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House second reading agreed Aye 101 No 41 26 Nov 2025

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

House third reading agreed 26 Nov 2025

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 27 Nov 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 Nov 2025

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 02 Mar 2026

The bill reached this recorded parliamentary step.

Second reading debate 04 Mar 2026

The bill reached this recorded parliamentary step.

Second reading debate 05 Mar 2026

The bill reached this recorded parliamentary step.

Senate second reading agreed Aye 38 No 20 01 Apr 2026

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

Senate third reading agreed Aye 38 No 21 01 Apr 2026

Recorded vote: 38 to 21.

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 01 Apr 2026

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 08 Apr 2026

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.

The main case against this bill

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.

Raised by Coalition speakers Source ↗

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.

Raised by Senator Michaelia Cash Source ↗

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.

Raised by Coalition senators Source ↗

Recorded votes

How the bill itself passed

The chamber-passage votes come first. Expand a vote to see the party breakdown.

Passed

House passed the bill

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.

26 Nov 2025

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.

Carried

Senate passed the bill

Aye 38 No 21

Passed 38 to 21. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP.

01 Apr 2026

Party Recorded votes Aye / No
Labor 23 / 0
Liberal Party 0 / 18
Greens 10 / 0
One Nation 3 / 0
Independent 2 / 0
Nationals 0 / 2
UAP 0 / 1

Earlier bill-stage votes

Carried

Senate cleared second reading

Aye 38 No 20

Passed 38 to 20. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party and Nationals.

01 Apr 2026

Party Recorded votes Aye / No
Labor 23 / 0
Liberal Party 0 / 17
Greens 10 / 0
Nationals 0 / 3
One Nation 3 / 0
Independent 2 / 0
Carried

House cleared second reading

Aye 101 No 41

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.

26 Nov 2025

Party Recorded votes Aye / No
Labor 88 / 0
Liberal Party 0 / 24
Nationals 0 / 15
Independent 8 / 0
Unknown 4 / 1
Greens 1 / 0
Centre Alliance 0 / 1

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Keep Secretary delegation power

Aye 22 No 35

Defeated 22 to 35. Support came from Liberal Party, One Nation, and Nationals. Opposition came from Labor, Greens, and minor parties and independents.

01 Apr 2026

The question was defeated, so the Senate removed the Secretary delegation clause from the related principal bill.

Party Recorded votes Aye / No
Labor 0 / 23
Liberal Party 17 / 0
Greens 0 / 10
One Nation 3 / 0
Independent 0 / 2
Nationals 2 / 0
Carried

Let sessional members chair decisions

Aye 38 No 21

Passed 38 to 21. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP.

01 Apr 2026

The Senate agreed to the replacement decision-making rule in the related principal bill.

Party Recorded votes Aye / No
Labor 23 / 0
Liberal Party 0 / 17
Greens 10 / 0
Nationals 0 / 3
One Nation 3 / 0
Independent 2 / 0
UAP 0 / 1
Defeated

Allow easier Board member termination

Aye 25 No 34

Defeated 25 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents.

01 Apr 2026

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.

Party Recorded votes Aye / No
Labor 0 / 22
Liberal Party 18 / 0
Greens 0 / 10
Nationals 3 / 0
One Nation 3 / 0
Independent 0 / 2
UAP 1 / 0
Defeated

Let Attorney-General block parole grants

Aye 25 No 34

Defeated 25 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents.

01 Apr 2026

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.

Party Recorded votes Aye / No
Labor 0 / 22
Liberal Party 18 / 0
Greens 0 / 10
Nationals 3 / 0
One Nation 3 / 0
Independent 0 / 2
UAP 1 / 0

This list includes amendment votes, procedural votes and votes on the bill itself.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Michelle Rowland

Australian Labor Party • MP 08 Oct 2025

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 ↗
Lead opposing voice Opposes

Paul Scarr

Liberal Party • Senator 04 Mar 2026

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 ↗
Lead supporting voice Supports

David Shoebridge

Australian Greens • Senator 04 Mar 2026

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 ↗
Lead voice Supports

Shayne Neumann

Australian Labor Party • MP 25 Nov 2025

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

Labor

5 speakers · 6 contributions · 5 support

  1. Claire Clutterham Claire Clutterham supported the bills, saying they would move federal parole and conditional release decisions into an independent, risk-informed process focused on community safety and rehabilitation.
    “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.”

    Australian Labor Party • MP • 25 Nov 2025

    Read the full speech in Hansard ↗
  2. Carol Brown Carol Brown supported the reform, saying federal parole decisions should be evidence-based, risk-informed and made by an independent statutory body rather than through the existing ministerial framework.
    “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.”

    Australian Labor Party • Senator • 04 Mar 2026

    Read the full speech in Hansard ↗
  3. Jana Stewart Jana Stewart supported the principal bill and the reform package, saying parole decisions should be made with expertise, objectivity and a focus on protecting communities.
    “It is about strengthening our justice system and building a stronger, fairer and more effective federal parole system.”

    Australian Labor Party • Senator • 04 Mar 2026

    Read the full speech in Hansard ↗

Coalition

6 speakers · 6 oppose

  1. Michael McCormack Michael McCormack opposed the package, arguing that parole responsibility should remain with the Attorney-General rather than be transferred to an unelected 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..
    “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.”

    National Party • MP • 25 Nov 2025

    Read the full speech in Hansard ↗
  2. Leah Blyth Leah Blyth opposed the bill, saying it would move serious parole decisions away from an elected official, create a new bureaucracy and dilute responsibility when public safety decisions go wrong.
    “Instead of parole decisions being made by the Attorney-General, this bill would hand that responsibility to a newly created Commonwealth Parole Board.”

    Liberal Party • Senator • 05 Mar 2026

    Read the full speech in Hansard ↗
  3. Michaelia Cash Michaelia Cash opposed the bills, arguing they would blur ministerial responsibility for public safety by transferring parole decisions from the Attorney-General to a 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..
    “These bills are not a technical reform ... They are about ... walking away from its responsibility for the safety of the Australian public.”

    Liberal Party • Senator • 02 Mar 2026

    Read the full speech in Hansard ↗
  4. Jessica Collins Jessica Collins opposed the bill, arguing that transferring parole decisions from the 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. would reduce accountability and weaken community safety.
    “This bill would strip the decision-making responsibility about parole for federal offenders from the Attorney-General.”

    Liberal Party • Senator • 04 Mar 2026

    Read the full speech in Hansard ↗
  5. Slade Brockman Slade Brockman opposed the bill, arguing that the government had not built in lessons from state parole boards, especially statutory rights for victims to be informed and heard.
    “The trouble with the approach the government is bringing to the table is that it has not taken on those learnings.”

    Liberal Party • Senator • 05 Mar 2026

    Read the full speech in Hansard ↗

Greens

1 speaker · 1 support

Full record

Full chat