Board Decision Considerations
The Sentence Administration Act 2003 (WA)
Under section 5A of the Sentence Administration Act 2003 (WA), the Board must consider the following release considerations when assessing a prisoner’s suitability for release to parole:
- The likelihood of a prisoner re-offending if released to parole.
- The level of risk a prisoner's release to parole would pose to the community or any individual.
- The circumstances and the seriousness of the prisoner’s crime.
- The prisoner's criminal history.
- Any remarks made by the Court at the time of sentencing relating to the offence or the prisoner’s risk to community safety.
- Issues for any victim if the prisoner is released to parole, including any matters raised in a victim’s submission.
- The prisoner’s behaviour whilst in prison.
- The prisoner's behaviour during any previous community-based order or Parole Order.
- The prisoner’s participation in programmes whilst in prison and, if not, the reasons for not doing so.
- The prisoner’s performance in any programmes whilst in prison.
- The likelihood of a prisoner complying with parole conditions.
- Any other considerations that may be relevant.
Under section 5B of the Act, the Board must regard the safety of the community as the paramount consideration.
Parole Considerations - Parole Reports, Information and Submissions
The Board is provided with a variety of documentation and reports when considering a prisoner’s parole suitability. These reports and documentation include, but is not limited to:
Adult Community Corrections Reports
Adult Community Corrections is a division of Corrective Services, within the Department of Justice.
Adult Community Corrections provides a parole suitability report to the Board for consideration. This report includes information such as, but not limited to:
- previous community supervision order compliance history;
- victim issues;
- physical and mental health;
- engagement in custodial treatment programmes;
- proposed accommodation and employment, training or voluntary work; and
- community support, such as family or community organisation(s).
Adult Community Corrections will undertake an accommodation assessment of the prisoner's proposed parole address. Adult Community Corrections may visit the proposed address and interview the residents. The resulting assessment will note who lives at the home, what the relationship is (partner/family) and ultimately, if the home is suitable for the prisoner to reside at for the purposes of parole.
Prison Reports
Prison reports include information about:
- How the prisoner has behaved in prison;
- What rehabilitation programmes/counselling the prisoner has participated or is enrolled in;
- The availability of any ongoing treatment programmes the prisoner may need to access in custody;
- The proposed support available to the prisoner in the community, such as the prospect of accommodation and employment; and
- Has the prisoner incurred any prison charges or incidents.
Court and Police Reports
- Court and criminal history;
- Pre-Sentence Orders and/or Reports;
- Judicial Sentencing Remarks;
- Police Statement of Material Facts; and
- Police advice regarding any breach of Parole Order conditions.
Psychological or Psychiatric Reports
- Court prepared psychological/psychiatric report(s).
- Private psychological/psychiatric report(s) as provided by the prisoner.
- Board requested psychological/psychiatric assessment/report(s).
Victim-Offender Mediation Reports & Victim Submissions
- Victim-Offender Mediation Unit report(s).
- Victim submissions. Please see ‘Victims of Crime’ tab for further details.
Prisoner Submissions
- Parole Plan, support letters, programme/training certificates. Please see ‘The Parole Plan’ tab for further details.
Engagement in Programmes
The Board will consider whether a prisoner has participated in any custodial programmes to address their treatment needs/offending behaviour. A prisoner may have treatment needs for:
- substance use;
- consequential thinking;
- general violence or domestic violence;
- sexual offending.
Programmes a prisoner can engage in may be voluntary programmes or mandated intensive treatment programmes. Mandated intensive treatment programmes are programmes the prisoner has been assessed as requiring by Corrective Services. These programmes may be, but are not limited to, the:
- Pathways Program
- Think First Program
- Stopping Family Violence Program
- Medium Intensity General Offending Program
- Choice, Change and Consequences Program
- Not Our Way Program
- Wandoo Therapeutic Community Program
- Mallee (Solid Steps) Rehabilitation Program
- Parole In-reach Program
The Board is provided with programme completion (or non-completion) reports for its consideration.
If any recommended intensive treatment programme(s) is not be available to a prisoner, they are encouraged to engage with voluntary organisations and voluntary programmes wherever possible.
Treatment Needs and Unavailability of Programmes
The unavailability of a programme, for any reason, does not remove the Board’s requirement to consider the risk to community safety posed by a prisoner's release if their treatment needs have not been adequately met in custody. Also, programme completion will not necessarily result in release on parole.
The administration of services offered in prisons, such as enrolment, participation or waiting lists for intensive treatment programmes, is the responsibility of Corrective Services. Any concerns in this regard, must be directed to Corrective Services.
Residential Rehabilitation
A prisoner may wish to explore residential rehabilitation options for post-release support. Government accredited residential rehabilitation facility options can be discussed with the prison’s Transitional Manager. A residential rehabilitation facility that specifically addresses the prisoner’s treatment needs would be most appropriate. These facilities may include, but are not limited to:
- The Communicare Breathing Space residential rehabilitation programme; or
- Goldfields Rehabilitation Services Inc.
If an intensive treatment programme is not available to a prisoner, a suitable alternative may be enrolment at an appropriate residential rehabilitation facility. However, each case is different and the Board may not deem residential rehabilitation to be an appropriate alternative.
What the Board does not consider
Prison overcrowding is not taken into consideration when the Board determines whether or not to release a prisoner to parole. If you have questions regarding the management of prisons, including overcrowding, these should be directed to Corrective Services.
Last updated: 8 April 2025