Imprisonment and the rights of people in prison

The Commonwealth Attorney-General (or a delegate) may release a person serving a federal sentence on licence under section 19AP of the Crimes Act 1914 (Cth) in exceptional circumstances that justify releasing the person early. ‘Exceptional circumstances’ are not defined, however, the factors that may be considered include:

• the person’s cooperation with law enforcement agencies before they were sentenced – and this cooperation was not taken into account by the sentencing court; or
• the person’s cooperation with law enforcement agencies after they were sentenced; or
• the person has a serious medical condition that cannot be adequately treated/managed in prison.

An application for a release on licence must be in writing and should specify the exceptional circumstance that justify the grant of the licence.