Senate debates

Wednesday, 1 April 2026

Bills

Commonwealth Parole Board Bill 2025, Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025; Limitation of Debate

10:49 am

Photo of Sue LinesSue Lines (President) Share this | Hansard source

I will now deal with the amendments to the Commonwealth Parole Board Bill 2025 circulated by Senator Thorpe. The question is that the amendments on sheet 3515 and 3516 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 3515

(1) Clause 29, page 18 (lines 15 to 21), omit subclause (3), substitute:

Composition of the Commonwealth Parole Board as a whole

(3) In recommending the appointment of the members of the Commonwealth Parole Board, the Minister must ensure that both the Chair and the Deputy Chair are enrolled as legal practitioners (however described) of a federal court or the Supreme Court of a State or Territory and have each been so enrolled for at least 5 years.

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SHEET 3516

(1) Clause 23, page 12 (lines 29 to 32), omit the clause, substitute:

23 Commonwealth Parole Board must conduct interviews

(1) For the purposes of making a decision about a federal offender, the Commonwealth Parole Board must conduct:

(a) an interview with the offender; and

(b) any other interview required by the guidelines.

(2) Interviews must be conducted in accordance with the guidelines (if any).

(2) Page 13 (after line 30), at the end of Part 3, add:

24A Rules of procedural fairness

(1) The Commonwealth Parole Board must observe the requirements of procedural fairness in making a decision about a federal offender.

(2) This section has effect despite the guidelines and anything else in this Act.

24B Legal representation

A federal offender may be represented by a legal practitioner in relation to any matter before the Commonwealth Parole Board about the offender.

Question negatived.

I will now deal with the amendments to the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 circulated by the opposition.

Opposition's circulated amendments—

(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.

(7C) The Commonwealth Parole Board cannot grant the licence (despite anything else in this section):

(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 (7B) within that 14-day period.

(7D) In making an objection under subsection (7B), the Attorney-General must have regard to:

(a) whether there are any exceptional circumstances that may justify the grant of the licence; and

(b) the matters set out at paragraphs (4A)(a) to (c).

(7E) An objection under subsection (7B) must set out the Attorney-General's reasons for making the objection.

The question is that the amendments on sheet 3655 be agreed to.

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