State Parole Authority

​Reinstatement of an ICO

An offender can apply for reinstatement of their ICO upon serving a month in custody. 

In practice, the Secretariat ensures that upon an offender’s return to custody, a review hearing is not listed until after the offender has served a month in custody. This means a solicitor or offender can make an application for a reinstatement at the review hearing, without the need for the matter to be adjourned. 

It should be noted that in circumstances where an offender has been revoked on their ICO for re-offending and remains bail refused, the Parole Authority would not consider reinstatement on the ICO until these matters were finalised. 

If the original ICO did not contain a work component or home detention component as additional conditions, then the Parole Authority are not compelled to request an ICO reinstatement report from Community Corrections as part of reinstatement consideration. 

If the Parole Authority is considering placing either a work or home detention component on the order (whether it was on the original order or not), the matter must be stood over and a reinstatement report requested from Community Corrections. 

The reinstatement is conditional upon the offender satisfying the Parole Authority that they can successfully complete the remaining period on their ICO. 

It should be noted that offenders are not limited in the number of applications that can be made for reinstatement of the ICO.

In the event an offender does not seek reinstatement of their order,  or is found unsuitable, the offender will be required to serve the balance of the intensive correction order in custody.