State Parole Authority

Manifest Injustice

Legislation prescribes that if an offender is refused parole, they must wait 12 months before they can be considered again. However, offenders can be considered before the 12 months if their situation fulfils the provisions of manifest injustice.

Regulation 223 prescribes the circumstances which constitute manifest injustice. These include: 

  • The decision to refuse parole was made on the basis of false, misleading or irrelevant information
  • It becomes apparent that a matter that was relevant to the decision to refuse parole is no longer relevant
  • It becomes apparent that a matter that was relevant to the decision to refuse parole has been addressed in a way that warrants reconsideration of the decision or can be so addressed by imposing additional conditions on parole 
The Authority may receive applications for manifest injustice from offenders and/or their legal representatives.
Commuity Corrections can also request reconsideration. 

Releasing an offender to parole under the provisions of manifest injustice can be viewed as a two step process. Evidence needs to be provided that a provision of manifest injustice is satisified prior to consideration being given to release to parole. 

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If the Authority is satisfied the provisions of manifest injustice exist, then parole consideration occurs as outlined in the parole consideration page.  

If release to parole is determined to be appropriate, parole conditions and reasons for granting parole are noted, the parole order prepared and an offender is released from custody.

In the event the Authority determines that the provisions of manifest injustice do not exist, the Authority provides reasons for this decision and considers the matter on the offender’s anniversary date.