A life sentence in Australia lasts for the rest of the offender’s natural life, but in most cases the person can apply for parole after serving a court-set minimum. That minimum, the non-parole period, ranges from 10 years in Western Australia to 30 years in Victoria for murder, with 20 years the most common statutory floor. In a small number of cases, the court can order that the person never be released at all.
What “Life” Means in Practice
A life sentence has no end date. Unlike a fixed term, it does not expire. Even a person released on parole from a life sentence is still legally serving that sentence in the community, under conditions and supervision that last for the rest of their life.
Murder is the offence most associated with life imprisonment, but life is also available for certain terrorism offences, treason, and, in New South Wales, large-scale trafficking of heroin or cocaine where the offender was the principal organiser acting solely for financial reward.1Judicial Commission of New South Wales. Mandatory Life Sentences Under Section 61
The Non-Parole Period Sets the Earliest Release Date
When a court imposes life imprisonment, it almost always fixes a non-parole period. This is the minimum time the offender must spend behind bars before they can even apply for parole. It is not a release date. It is the first day the parole board will consider the application, and many first applications are refused.2Judicial Commission of New South Wales. Setting Terms of Imprisonment
The judge sets the period based on the seriousness of the crime, the offender’s background, and statutory minimums that differ by jurisdiction. In some cases the court can decline to set any non-parole period, which means the offender will never be eligible for release.3Adult Parole Board. Sentencing and Parole
Minimum Non-Parole Periods by State and Territory
Criminal law is largely a state matter, so the floor depends on where the offence occurred. The figures below are the statutory minimums for murder. Judges can set longer periods on the facts of the case; they generally cannot go below these floors.
Victoria: 30 Years
Under the Sentencing Act 1991, a court must set a non-parole period of at least 30 years for a life sentence, unless departing from that minimum is in the interests of justice.4Victorian Bar. Sentencing Act 1991 – Section 11A That exception gives judges some room to move.
New South Wales: 20 or 25 Years
NSW uses a standard non-parole period system. After amendments taking effect in November 2025, the standard non-parole period for murder is 20 years. It rises to 25 years where the victim was a police officer or emergency worker killed on duty, a child under 18, or an intimate partner of the offender.5Judicial Commission of New South Wales. Appendix A – Standard Non-Parole Periods Table The standard is a guidepost, and courts can depart from it in either direction.
Queensland: 20, 25, or 30 Years
The baseline for murder is at least 20 years. It rises to 25 years where the victim was a police officer killed in certain circumstances, and to 30 years for multiple murders or where the offender has a prior murder conviction.6Queensland Law Reform Commission. Penalty for Murder Information Sheet
South Australia: 20 Years
Section 47(5)(b) of the Sentencing Act 2017 sets the mandatory minimum non-parole period for a life sentence for murder at 20 years.7AustLII. South Australia Code Sentencing Act 2017 – Sect 47
Western Australia: 10 or 15 Years
WA has the lowest statutory minimum. A court sentencing someone to life imprisonment for murder must set a non-parole period of at least 10 years, or at least 15 years if the murder was committed during an aggravated home burglary. The court can also order that the person never be released.8AustLII. Western Australia Code Sentencing Act 1995 – Sect 90 – Life Imprisonment for Murder, Imposing
Northern Territory: 20 Years
A person sentenced to life imprisonment for murder in the NT is not entitled to parole for at least 20 years.9Northern Territory Government. Life Imprisonment in the NT
Tasmania and the ACT
Both jurisdictions also provide for life imprisonment for murder, under separate legislative frameworks with their own minimum arrangements.
When There Is No Parole at All
In the most extreme cases, a life sentence carries no possibility of parole. The person will die in prison.
New South Wales mandates life without parole for the murder of a police officer where the offender knew or should have known the victim was a police officer and either intended to kill or was engaged in criminal activity that risked serious harm to officers. The legislation states that the sentence must be served “for the term of the person’s natural life,” with no other provision allowing anything less.10AustLII. New South Wales Code Crimes Act 1900 – Mandatory Life Sentences for Murder of Police Officers
In Western Australia, the sentencing court can order that a person sentenced to life for murder never be released, and must do so where necessary to satisfy the community’s interest in punishment and deterrence.8AustLII. Western Australia Code Sentencing Act 1995 – Sect 90 – Life Imprisonment for Murder, Imposing
Victoria also has a small number of prisoners serving life with no non-parole period, meaning they are ineligible for parole at any point.3Adult Parole Board. Sentencing and Parole
What Happens at the End of the Non-Parole Period
Reaching the end of the non-parole period does not open the prison doors. It opens a process. The offender applies to the relevant state or territory parole board, which independently assesses whether release is safe.
The board weighs conduct in prison, engagement with rehabilitation programs, psychological assessments, and risk to the community. The original crime remains central, no matter how many years have passed. Victims can submit impact statements and in some jurisdictions register for notifications about hearings.
The board can grant parole, delay it to a later date, or refuse it. Refusal means the person remains in prison and must reapply later.3Adult Parole Board. Sentencing and Parole
Parole Conditions Last for Life
If parole is granted, the conditions are strict and never expire. Typical requirements include reporting to a parole officer, living at an approved address, staying away from victims, abstaining from drugs and alcohol, and submitting to testing. Some jurisdictions can also require electronic monitoring.
Because the person is still serving the life sentence, any breach can send them back to prison to serve the unexpired balance. For a life sentence, that balance is the rest of their natural life. They may be able to reapply for parole later, but there is no guarantee it will be granted again.
The Royal Prerogative of Mercy
Outside the parole system, there is one other route: the Royal Prerogative of Mercy. This is a discretionary power exercised by the Governor of a state, or the Governor-General at the federal level, acting on the advice of the Attorney General and Executive Council. It can reduce a sentence or grant a pardon in exceptional circumstances.
The bar is extraordinarily high. The petitioner must show rare and exceptional circumstances, and the prerogative is treated as a mechanism of last resort. All other avenues, including parole applications and statutory review, must be exhausted first.11Communities and Justice. Royal Prerogative of Mercy – Fact Sheet
Factors that might support a petition include significant post-sentence assistance to law enforcement at personal risk, evidence that the purposes of punishment have been fully served, or compassionate grounds such as severe illness. A lack of rehabilitative effort weighs against a petition, and the impact on victims and the community is always considered. In practice, successful petitions for life-sentenced prisoners are vanishingly rare.