What can I do if my parole application is denied?

If the Board refuses your parole application, they do not have to give you reasons why. You cannot appeal their decision. You can write to the Board to request a review, but the Board does not have to review the decision.

For most people there is no limit to the number of parole applications you can make. This means that you can just apply for parole again.

This does not apply to people serving a life sentence who are refused parole. In this situation, the Board can state a minimum period of time until you are allowed to apply again (no longer than 5 years). The Board can only grant parole during this ban period if:

• You are in imminent danger of dying or are seriously incapacitated, meaning you don’t have the physical ability to harm anyone; or
• You have demonstrated that you don’t pose a risk to the community.

Judicial review

If the decision to refuse your parole was unlawful, you may be able to apply to the Supreme Court for a judicial review.

In a judicial review, the Court does not look at the decision to separate you to see if they would have done things differently. What they look at is whether the decision was lawful. If they decide the decision was unlawful, they can cancel the hearing officer’s decision or order the hearing officer to re-consider their decision.

An example of a case where the Supreme Court overturned a decision of the Adult Parole Board is Suleiman Abdulrahim v Adult Parole Board and Anor [2019] VSC 570. In that case, the Board had cancelled Mr Abdulrahim’s parole because they believed he was the intended victim of some attempted shootings. Even though it was not alleged that Mr Abdulrahim had breached his parole, the Board considered the risk to Mr Abdulrahim, his family and the community too high to allow him to stay on parole.

The Supreme Court decided that the Board did not have the power to cancel Mr Abdulrahim’s parole because of the actions of other people, which were not connected to any actions by Mr Abdulrahim. They cancelled the Parole Board’s decision and Mr Abdulrahim was released from prison back onto parole.

It’s a good idea to get legal advice before applying for judicial review. If you lose your case, you can be made to pay the cost of Corrections Victoria’s legal fees. You will also very likely need a lawyer to help you apply for judicial review, especially if you do not have access to a computer.

You should try to speak to a lawyer as soon as possible because an application should be made within 60 days of the Parole Board’s decision.

For more information on legal services, click here.

For more information on judicial review and what can make a decision unlawful, click here.