The Department of Corrections manages offenders released on parole and on conditions. If an offender who has been released on Parole (but not on release conditions at the end of their sentence) breaches release conditions or becomes uncompliant it can apply to the Board to have the offender recalled to continue serving their sentence in prison.
The offender released on Parole can be recalled to prison at any time, until the offender's sentence ends. Once an offenders' sentence end date has passed they cannot be recalled to prison, even if they are subject to release conditions.
The Department of Corrections can apply to the Board for an offender to be recalled to prison before their statutory release date if they:
- are an undue risk to the safety of the community, or any person, or class of persons;
- have breached their release conditions;
- have committed an offence punishable by imprisonment;
- are subject to residential restrictions and :
- they are endangering the safety of anyone at their residence, or
- the residence is no longer available, or
- they no longer wish to be subject to residential restrictions.
The Police can apply for an offender to be recalled to prison on the ground that they are an undue risk to the safety of the community, or to any person or class of persons.
On the Board's receipt of the application to recall a panel convenor determines whether the offender is an undue risk to the safety of the community. If so an interim recall order is made and an arrest warrant is issued.
A hearing to determine whether or not to make a final recall order, takes place within a month of the offender returning to prison. Recall applications usually take place within 14 to 28 days. If the Board determines that the offender poses an undue risk to the safety of the community a final recall order is made and the offender will continue serving their sentence in prison.
If no interim order is made the offender remains on parole, but a further hearing will still be held.