Prisoners serving a sentence of indeterminate duration (until further order) cannot be released on parole but can be released on licence ordered by the Supreme Court, on application of either the DPP or the prisoner [Sentencing Act 2017 (SA) s 48K, s 59(1)].

To be released on licence, the prisoner must satisfy the Supreme Court that they are both capable of controlling and willing to control their sexual instincts, or that they no longer present a risk to the community [see s 48K(3), s 59(1a)]. The Court must have regard to the reports of 2 legally qualified medical practitioners before it can consider whether to release a prisoner on licence [s 48K(4), s 59(2)].

Every release on licence is subject to the condition that the person be prohibited from possessing a firearm or ammunition or any part of the same and a condition requiring them to submit to gunshot residue testing as reasonably required [s 48K(10), s 59(7)]. A serious child sex offender released on licence must also wear or carry a tracking device [s 48K(10)(a)]. Release is further subject to other conditions as the Parole Board, or in the case of a youth, the Training Centre Review Board, thinks fit and so specifies [s 48K(11), s 59(8)], including that the person surrender any firearm, ammunition or part of the same [s 60].

The Parole Board may cancel the release of a prisoner on licence if satisfied that they have contravened or are likely to contravene a condition of their licence [s 48K(13), s 59(10)]. A licence will also be cancelled if the person released on licence commits an offence and is sentenced to imprisonment while subject to the licence [s 48K(21), s 59(18)].

An offender whose application for release on licence is refused may not apply again for a period of 6 months (or other period as specified by the Court) [s 48K(12), 59(9)].

For more information about sentences of indeterminate duration, see Indeterminate detention.