Jana Stewart (Victoria, Australian Labor Party) Share this | Hansard source

I rise today to speak in support of the Commonwealth Parole Board Bill 2025. This bill reflects the Albanese Labor government's unwavering commitment to the safety and security of all Australians. It is about strengthening our justice system and building a stronger, fairer and more effective federal parole system, a system where critical decisions are made with the utmost expertise and objectivity and a clear focus on protecting our communities—a system that Australians can have confidence in.

Parole plays a vital role in our justice system, and, when decisions about parole are administered properly and made by people with knowledge and expertise, parole actually keeps communities safer. This includes legal, law enforcement, corrective services, victims-of-crime advocates, psychologists and community safety experts. The combined interdisciplinary knowledge of these professions helps with rehabilitation, reintegration and public protection. With support and appropriate conditions, we can minimise reoffending. Of course, this would never be at the cost of public safety. Expert decision-making ensures that robust controls, supervision and safeguards are imposed where necessary to protect the community.

Despite this, the Commonwealth remains the only jurisdiction without an independent parole board. As it currently stands, decisions regarding federal offenders are currently made by the Commonwealth Parole Office, within the Attorney-General's Department, in coordination with the Attorney-General. While the office of the Attorney-General is one of immense responsibility and integrity, the current model places an undue burden on a single entity. It risks politicising a process that demands specialised knowledge and dispassionate judgement. In a liberal democracy like ours, the separation of powers is a cornerstone of good governance and legal systems. The current model is vulnerable to breaches of procedural fairness, a fundamental principle that holds our justice system together.

We do not ask the Attorney-General to determine who should be prosecuted. That responsibility rests with the Director of Public Prosecutions—precisely because we believe in the separation of powers. We expect the DPP to act independently, apolitically and in accordance with the law and evidence. The same principle must apply across the board. As the Attorney-General, Michelle Rowland, articulated so clearly in her second reading speech on this legislation, decisions about whether convicted federal offenders are released into the community on parole and the conditions under which they are released should be made by law enforcement and other community safety experts, not by politicians. This bill aligns the Commonwealth with best-practice approaches across states and territories as well as international partners, including Canada, the United Kingdom and New Zealand.

Calls for an independent Commonwealth Parole Board are not new. Governments have been talking about how this could happen since 1975. I am proud to be a part of the Albanese government, a government who is tackling these longstanding challenges. In my role as chair of the Legal and Constitutional Affairs Committee I have the privilege of working on these overdue elements of our legal system. These are reforms that strengthen our institutions, and the need for reform has never been clearer. The nature of federal offending has evolved significantly. Historically, federal offences often comprised matters like social services fraud. Today, federal offences include complex matters and serious offences, including terrorism and child sexual abuse offences. The make-up and complexity of the federal offender cohort has changed over time.

This shift demands a more sophisticated and specialised approach to parole decision-making. In 2024-25 there were more than 530 federal parole and parole-related decisions. This number has been consistently increasing each year by five to 15 per cent. The current model is no longer fit for purpose. The bill puts forward a statutory independent Commonwealth Parole Board. The board will have complete discretion in performing or exercising its functions or powers and is not subject to direction from anyone when doing so. The board will consist of a chair, a deputy chair and at least three sessional members.

Importantly, this bill mandates that members hold experience and expertise across a broad range of relevant disciplines. Members will possess expertise in law, law enforcement, corrective services, victim advocacy, psychology, social work, criminology, and even medicine and mental health. Parole decisions are complex, and this breadth of knowledge will ensure that every aspect of an offender's circumstances is considered and will lead to genuinely risk-informed decisions. This is how we truly de-politicise parole and foster a greater public trust and confidence in the federal parole system.

The legislation also delivers transparency and accountability. This also brings the Commonwealth in line with best-practice models that are already successfully implemented across Australia's states and territories. So this should really be non-controversial. Decisions will be documented and subject to review. The chair will be required to provide an annual report to parliament detailing the board's activities, case load and emerging issues, ensuring ongoing scrutiny.

Importantly, those who live and breathe the work of implementing the legal system support the implementation of an independent parole board. The Australian Law Commission, Law Council of Australia and National Legal Aid have all recommended the establishment of an independent Commonwealth parole board. The Law Council have stated that parole decisions are complex. They require expertise and resourcing to facilitate procedural fairness where community safety, effective rehabilitation and human rights of prisoners, as well as the experience and perspectives of victims, all require respect and consideration. This bill delivers exactly that.

Finally, it is important to address concerns raised in light of recent events. The Attorney-General has stated that this bill will not change the statutory prohibition against parole for terrorist offenders. There is a very high threshold that must be met for a terrorism offender to be granted parole. Parole can only be granted if there are exceptional circumstances justifying the release. That won't change. Community safety remains the overriding principle, particularly for the most serious offences. By passing this bill, we are strengthening community protection, restoring confidence in the parole system and ensuring that critical decisions are made independently, expertly and fairly. I commend this bill to the Senate.