2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to consolidate and reform the law about the administration of sentences, and for other purposes

1 The inherent dignity of all human beings, whatever their personal or social status, is one of the fundamental values of a just and democratic society.

2 The criminal justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law.

3 Sentences are imposed on offenders as punishment, not for punishment.

4 The management of sentenced offenders, and people remanded or otherwise detained in lawful custody, should contribute to the maintenance of a just and democratic society, particularly as follows:

(a) by ensuring justice, security and good order in the correctional system;

(b) by ensuring that the harm suffered by victims, and their need for protection, are considered appropriately in making decisions about the management of offenders;

(c) by promoting the rehabilitation of offenders and their reintegration into society;

(d) by ensuring that offenders, remandees and other people detained in lawful custody are treated in a decent, humane and just way.

The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:

This Act is the Crimes (Sentence Administration) Act 2005.

This Act commences on the commencement of the Crimes (Sentencing) Act 2005, chapter 10 (Transitional).

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

For example, the signpost definition ‘community service work—see section 315.’ means that the term ‘community service work’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main object of this Act is to ensure, as far as practicable, that sentences are given effect in accordance with this Act and the Corrections Management Act 2005.

(1) Functions under this Act in relation to a sentenced offender must be exercised, as far as practicable, as follows:

(a) to respect and protect the offender’s human rights;

(b) to ensure the offender’s decent, humane and just treatment;

(c) to preclude torture or cruel, inhuman or degrading treatment;

(d) to promote the offender’s rehabilitation and reintegration into society.

(2) Also, functions under this Act in relation to an offender serving a sentence of imprisonment (whether by full-time or periodic detention) must be exercised, as far as practicable, to ensure—

(a) the offender is not subject to further punishment (in addition to deprivation of liberty) only because of the conditions of detention; and

(b) the offender’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(1) Functions under this Act in relation to a remandee must be exercised, as far as practicable, as follows:

(a) to recognise and respect that the remandee must be presumed innocent of the offence for which the remandee is remanded;

(b) to respect and protect the remandee’s human rights;

(c) to ensure the remandee’s decent, humane and just treatment;

(d) to preclude torture or cruel, inhuman or degrading treatment.

(2) Also, functions under this Act in relation to a remandee’s detention must be exercised, as far as practicable, as follows:

(a) to recognise and respect that the detention is not imposed as punishment of the remandee;

(b) to ensure the remandee is not subject to punishment only because of the conditions of detention;

(c) to ensure the remandee’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(3) Subsections (1) (a) and (2) (a) do not apply if the remandee has been convicted or found guilty of the offence for which the remandee is remanded.

1 a convicted person remanded in custody for sentencing

2 a paroled offender remanded in custody under s 209 (Custody of offender during board hearing adjournment)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) This section does not apply to the remandee if the remandee is an offender under a sentence of imprisonment in relation to another offence.

(1) This section applies to a person (other than a sentenced offender or remandee) detained in lawful custody under a territory law or a law of the Commonwealth, a State or another Territory.

1 a person held on a warrant issued under the Royal Commissions Act 1991, s 35 (Apprehension of witnesses failing to appear)

2 an interstate prisoner on leave in the ACT held in custody overnight

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) Functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

(a) to recognise and facilitate the purpose for which the person is detained;

(b) to respect and protect the person’s human rights;

(c) to ensure the person’s decent, humane and just treatment;

(d) to preclude torture or cruel, inhuman or degrading treatment.

(3) Also, functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

(a) to ensure the person is not subject to punishment only because of the conditions of detention;

(b) to ensure the person’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(4) A regulation may make provision in relation to the application of this Act (other than this section) to the person, including modifications of the Act in its application to the person.

(1) This part applies if—

(a) a court (a committing authority) makes an order (a committal order) sentencing an offender to imprisonment that, under a territory law, must be served by full-time detention; or

(b) the board (also a committing authority) makes an order (also a committal order) in relation to an offender under any of the following provisions:

(i) section 81 (Suspension or cancellation of periodic detention—recommittal to full-time detention);

(ii) section 160 (Cancellation of parole—recommittal to full-time detention);

(iii) section 311 (Cancellation of licence—recommittal to full-time detention).

(2) A reference in this section to a court sentencing an offender to imprisonment includes—

(a) the registrar of the Magistrates Court, in relation to a committal under the Magistrates Court Act 1930, section 154D (Committal to prison—fine defaulters); and

(b) an entity prescribed by regulation.

Note ACT courts have federal jurisdiction in criminal matters (including sentencing) under the Judiciary Act 1903 (Cwlth). See particularly that Act, s 68 (Jurisdiction of State and Territory courts in criminal cases).

The committal order—

(a) authorises the chief executive to have custody of the offender under the order; and

(b) requires the chief executive to—

(i) take the offender into custody; and

(ii) keep the offender imprisoned under full-time detention until released under this Act or another territory law.

(1) The committing authority must issue a warrant for the imprisonment of the offender in the chief executive’s custody.

(2) The warrant—

(a) must be addressed to the chief executive; and

(b) may be signed by a person authorised by the committing authority.

Note 1 If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).

Note 2 If a form is approved under s 323 for a warrant by the board, the form must be used (see s 323 (2)).

The chief executive must keep the offender imprisoned under full-time detention under this Act and the Corrections Management Act 2005 until released under this Act or another territory law.

The validity of the offender’s imprisonment under this Act or the Corrections Management Act 2005 is not affected by any failure to issue a proper warrant of imprisonment, if the imprisonment is in accordance with the committing authority’s committal order.

(1) This part applies if any of the following (a remanding authority) orders the remand of a person (the remandee) in custody under a territory law:

(a) a court;

(b) a magistrate;

(c) the board;

(d) an entity prescribed by regulation.

(2) To remove any doubt, this part also applies to the remand of a person (also the remandee) during an adjournment in a proceeding before a remanding authority, whether the remand is for less than a day or for 1 day or more.

The remanding authority’s order for remand—

(a) authorises the chief executive to have custody of the remandee under the order; and

(b) requires the chief executive to—

(i) take the remandee into custody; and

(ii) keep the remandee in custody under full-time detention under the order; and

(iii) return the remandee to the remanding authority as required by the order.

(1) The remanding authority must issue a warrant for the remand of the remandee in the chief executive’s custody.

(2) The warrant—

(a) must be addressed to the chief executive; and

(b) may be signed by a person authorised by the remanding authority.

Note 1 If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).

Note 2 If a form is approved under s 323 for a warrant by a remanding authority that is not a court, the form must be used (see s 323 (2)).

(3) The warrant—

(a) may state any considerations about the remand to which the chief executive must have regard; and

(b) must state when and where the remanding authority orders the return of the remandee to the remanding authority.

1 the remandee’s need for access to legal representatives or other people in relation to the proceeding before the remanding authority

2 the likelihood of the remandee having to be brought before a court or magistrate, or the board, in some other proceeding

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) The chief executive must—

(a) keep the remandee in custody under full-time detention under this Act and the Corrections Management Act 2005 under the order for remand; and

(b) return the remandee to the remanding authority as ordered by the remanding authority.

(2) The chief executive must ensure that the remandee is held in custody in the place that the chief executive decides is the most appropriate.

(3) For subsection (2)—

(a) the chief executive must have regard to the following:

(i) the remanding authority’s order for remand;

(ii) any considerations about the remand stated in the warrant by the remanding authority;

(iii) whether the remandee is also a sentenced offender;

(iv) the availability of suitable places of custody;

(v) the practicality of moving the remandee to and from the place of custody to satisfy the remanding authority’s order for the return of the remandee; and

(b) the chief executive may have regard to anything else the chief executive considers relevant.

The validity of the remandee’s remand in custody under full-time detention under this Act or the Corrections Management Act 2005 is not affected by any failure to issue a proper warrant of remand, if the remand is in accordance with the remanding authority’s order for remand.

(1) For this chapter, the chief executive may give directions to an escort officer in relation to an offender or remandee, including directions to take the offender or remandee into custody or to a place stated in the direction.

(2) Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the offender or remandee in accordance with the direction.

(1) This chapter is additional to, and does not limit, any other power of a court or other entity to require an offender, remandee or other person to be brought before the court or entity.

(2) Without limiting subsection (1), the chief executive must arrange for an offender, remandee or other person in the chief executive’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity.

(1) This chapter applies to a person (a full-time detainee) if the person is—

(a) an offender in the chief executive’s custody because of section 11 (Effect of committal order); or

(b) a remandee in the chief executive’s custody because of section 16 (Effect of remand order).

(2) A reference in this chapter to an offender is a reference to the full-time detainee if—

(a) subsection (1) (a) applies to the detainee; or

(b) subsection (1) (b) applies to the full-time detainee but the offender is not a remandee under subsection (3).

(3) A reference in this chapter to a remandee is a reference to the full-time detainee if—

(a) subsection (1) (b) applies to the full-time detainee; and

(b) the full-time detainee—

(i) has not been convicted or found guilty of the offence for which the detainee is remanded; or

(ii) is not serving a sentence of imprisonment by full-time detention for another offence.

(1) In this Act:

recommitted, for an offender, means placed in the chief executive’s custody because of an order under any of the following provisions:

(a) section 81 (Suspension or cancellation of periodic detention—recommittal to full-time detention);

(b) section 160 (Cancellation of parole—recommittal to full-time detention);

(c) section 311 (Cancellation of licence—recommittal to full-time detention).

release date, for an offender for a sentence, means the day the term of the sentence ends.

Note The term of a sentence includes the term of the sentence as amended (see dict).

(2) In this chapter:

full-time detainee—see section 22 (1).

offender—see section 22 (2).

remandee—see section 22 (3).

(1) An offender must serve the period of imprisonment set by the sentencing court by full-time detention in accordance with this Act and the Corrections Management Act 2005.

(2) If an offender is recommitted to the chief executive’s custody, the offender must serve the period of imprisonment for which the offender has been recommitted by full-time detention in accordance with this Act and the Corrections Management Act 2005.

(3) An offender must also comply with any requirement or direction under this Act, or the Corrections Management Act 2005, that applies to the offender as a full-time detainee.

(4) A remandee must spend the period of remand in full-time detention in accordance with this Act and the Corrections Management Act 2005.

(5) A remandee must also comply with any requirement or direction under this Act, or the Corrections Management Act 2005, that applies to the remandee as a full-time detainee.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(1) For this chapter, the chief executive may give directions, orally or in writing, to a full-time detainee.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

(1) The chief executive must arrange for a full-time detainee to be kept in full-time detention in—

(a) an ACT correctional centre; or

(b) a NSW correctional centre.

(2) For this section, the chief executive may, in writing, direct that a full-time detainee—

(a) be detained in the ACT correctional centre stated in the direction; or

(b) be removed to a NSW correctional centre stated in the direction.

(1) The chief executive may make guidelines in relation to the allocation of full-time detainees to correctional centres.

(2) Without limiting subsection (1), guidelines may include provision about—

(a) which correctional centres are to be used for accommodating full-time detainees; and

(b) the transfer of full-time detainees between correctional centres.

(3) A guideline is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) In this section:

correctional centre includes a NSW correctional centre.

(1) The chief executive may direct an offender, orally or in writing—

(a) to participate in an activity that the chief executive considers desirable for the offender’s welfare or training; or

(b) to do work at a correctional centre, or community service work outside a correctional centre, that the chief executive considers suitable for the offender.

(2) However, an offender is not required to do work (including community service work) or an activity the offender is not capable of doing.

(3) The chief executive may allow a remandee to do work at a correctional centre, or community service work outside a correctional centre, that the chief executive considers suitable for the remandee.

Note A regulation may prescribe work to be community service work (see s 315).

While lawfully absent from a correctional centre, a full-time detainee—

(a) remains in the chief executive’s custody; and

(b) if under escort by an escort officer—is also taken to be in the escort’s custody.

1 while doing community service work

2 while being moved to a correctional centre, court, hospital or other place under direction by the chief executive

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

If an offender is unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment, the absence is not to be counted in working out the period of the sentence served by the offender.

the offender fails to return to a correctional centre as required after community service work or approved leave

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if the term of an offender’s sentence of imprisonment is longer than 6 months.

(2) The chief executive may, in writing, direct that the offender be released from imprisonment—

(a) if the term of the sentence is less than 1 year—on any day within the 7-day period before the offender’s release date; or

(b) if the term of the sentence is 1 year or longer—on any day within the 14-day period before the offender’s release date.

(3) For subsection (2), the chief executive may have regard to any of the following:

(a) the offender’s conduct while serving the sentence;

(b) any compassionate, health or employment-related circumstances applying to the offender;

(c) the management of the correctional centre where the offender is detained;

(d) anything else that the chief executive considers appropriate.

(4) If the chief executive gives a direction under subsection (2)—

(a) the offender may be released from imprisonment at any time on the day stated in the direction; and

(b) the offender’s sentence is taken to have ended when the offender is released under the direction.

(1) An offender must be released from imprisonment on the offender’s release date for the sentence.

(2) The offender may be released from imprisonment at any time on the release date.

(3) However, if the release date is not a working day at the place of imprisonment, the offender may be released from imprisonment at any time during the last working day at that place before the release date if the offender asks to be released on that day.

Note Working day is defined in the Legislation Act, dict, pt 1.

(4) If the offender is released under subsection (3), the offender’s sentence is taken to have ended when the offender is released under that subsection.

(1) An offender must not be released under section 31 or section 32 if—

(a) on the release date for the offender’s sentence (the current sentence), the offender is subject to another sentence of imprisonment to be served by full-time detention; and

(b) under the other sentence, the offender must be kept in full-time detention on or immediately after the release date for the current sentence.

(2) Also, the offender must not be released under section 31 or section 32 if, on the release date for the current sentence, the offender is otherwise required to be kept in custody in relation to an offence against a law of the Commonwealth, a State or another Territory.

This part applies if the chief executive directs under section 26 (Full-time detention in ACT or NSW) that a full-time detainee be removed to a NSW correctional centre.

The direction is authority for an escort officer to transport the full-time detainee in custody to the NSW correctional centre stated in the direction.

(1) A full-time detainee may be kept in full-time detention at the NSW correctional centre stated in the direction, or at any other NSW correctional centre, until the detainee is released from imprisonment under this Act or another territory law.

(2) If the full-time detainee is serving a sentence of imprisonment, the detainee—

(a) is taken, while in full-time detention in a NSW correctional centre, to be serving the sentence of imprisonment in a correctional centre as required by the Crimes (Sentencing) Act 2005, section 10 (3) (Imprisonment); but

(b) until released from imprisonment under this Act or another territory law, may be dealt with as if the detainee’s sentence were a sentence imposed under New South Wales law.

(a) the following provisions of this Act apply in relation to the full-time detainee:

(i) section 30 (Unlawful absence by offender—extension of sentence);

(ii) section 31 (Early release of offender);

(iii) section 32 (Release at end of sentence);

(iv) section 33 (Offender not to be released if serving another sentence etc);

(v) chapter 7 (Parole);

(vi) section 197 (Board may require official reports);

(vii) chapter 13 (Release on licence, remission and pardon);

(viii) a provision prescribed by regulation; and

(b) a provision of the Corrections Management Act 2005 prescribed by regulation applies in relation to the detainee.

Note The Crimes (Administration of Sentences) Act 1999 (NSW), s 44 makes provision for ACT law to apply in relation to the full-time detainee.

(1) The chief executive may, in writing, direct that the full-time detainee be returned to the ACT.

(2) Without limiting subsection (1), if the full-time detainee asks the chief executive to be released in the ACT from imprisonment under this Act or another territory law, the chief executive may direct that the detainee be returned to the ACT for the release.

(3) A direction is authority for an escort officer to transport the full-time detainee in custody for return to the ACT.

(4) The full-time detainee must be held in custody by an escort officer, or in detention in a correctional centre, until released from imprisonment under this Act or another territory law or returned to a NSW correctional centre.

(5) If the full-time detainee is not released, the chief executive’s direction is also authority for an escort officer to return the detainee to a NSW correctional centre.

(6) If the full-time detainee is returned to a NSW correctional centre under subsection (5), the detainee must be dealt with as if the detainee had not been returned to the ACT.

(7) To remove any doubt, this section does not apply if the full-time detainee is transferred to New South Wales under part 11.1 (Interstate transfer of prisoners).

(8) In this section:

release includes—

(a) release under part 7.3 (Release under parole order); and

(b) release under chapter 13 (Release on licence, remission and pardon), whether by release on licence or because of a remission or pardon.

(1) If the full-time detainee is released from imprisonment in New South Wales under this Act or another territory law, the detainee is entitled to be returned to the ACT at the cost of the Territory.

(2) In this section:

release—see section 37 (8).

This chapter applies to an offender sentenced to imprisonment if the court sentencing the offender sets a periodic detention period for all or part of the sentence.

In this Act:

additional condition, of an offender’s periodic detention, means—

(a) a condition recommended by the sentencing court for the detention; or

(b) a condition of the detention imposed under part 5.4 (Supervising periodic detention); or

(c) if a condition (including a condition recommended by the sentencing court) is amended under part 5.4—the condition as amended.

core condition, of an offender’s periodic detention, means a core condition under section 43.

detention period, for an offender’s periodic detention—see section 41.

finishing time, for an offender’s detention period—see section 52.

periodic detention, for an offender, means periodic detention to be served by the offender during the periodic detention period of the offender’s sentence of imprisonment.

periodic detention obligations, of an offender, means the offender’s obligations under section 42.

periodic detention period, of an offender’s sentence of imprisonment—

(a) see the Crimes (Sentencing) Act 2005, section 11 (2) (Periodic detention); or

(b) if the period is extended under this chapter—the period as extended.

reporting day, for an offender’s detention period—see section 51.

reporting place, for an offender’s detention period—see section 50.

reporting time, for an offender’s detention period—see section 52.

(1) For this Act, a detention period, for an offender, is each period during the periodic detention period of the offender’s sentence of imprisonment that—

(a) starts at the reporting time on the reporting day; and

(b) ends at the finishing time on the 2nd day after the reporting day.

(2) However, a period mentioned in subsection (1) is not a detention period if it includes any part of—

(a) Christmas Day, Good Friday or Easter Sunday; or

(b) another day prescribed by regulation.

(1) An offender must serve periodic detention in the offender’s periodic detention period in accordance with this part.

(2) To serve periodic detention, the offender must, during the periodic detention period—

(a) perform periodic detention under part 5.3 (Performing periodic detention); and

(b) comply with the core conditions of the offender’s periodic detention; and

(c) comply with any additional condition of the offender’s periodic detention; and

(d) comply with any non-association order or place restriction order made by the sentencing court for the offender; and

(e) comply with any other requirement under this Act or the Corrections Management Act 2005 that applies to the offender.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(3) To remove any doubt, the offender’s periodic detention obligations are not limited to detention periods for the offender’s periodic detention.

(1) The core conditions of an offender’s periodic detention are as follows:

(a) the offender must not commit—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(ii) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

(b) if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

(c) if the offender’s contact details change—the offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the offender knows the changed details;

(d) the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the periodic detention;

(e) any test sample given by the offender under a direction under section 45 (Periodic detention—alcohol and drug tests) must not be positive;

(f) the offender must appear before the board as required, or agreed by the offender, under section 204 (Appearance by offender at board hearing);

(g) any condition prescribed by regulation that applies to the offender.

(2) In this section:

contact details means any of the following:

(a) home address or phone number;

(b) work address or phone number;

(c) mobile phone number.

(1) For this chapter, the chief executive may give directions, orally or in writing, to an offender.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

(1) The chief executive may direct an offender, orally or in writing, to give a test sample when reporting to perform periodic detention.

(2) The provisions of the Corrections Management Act 2005 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.

(1) The chief executive may direct an offender, orally or in writing, to submit to a personal search when reporting to perform periodic detention.

(2) The provisions of the Corrections Management Act 2005 relating to personal searches apply in relation to a direction under this section and any personal search conducted under the direction.

(1) While performing periodic detention, an offender is—

(a) taken to be in the chief executive’s custody; and

(b) if under escort by an escort officer—also taken to be in the escort’s custody.

(2) An offender is taken to perform periodic detention in a detention period if—

(a) the offender is, otherwise than under subsection (1), in lawful custody for the period; and

(b) the custody is only in relation to the offender’s periodic detention obligations.

(3) To remove any doubt, the offender is not taken to perform periodic detention for a detention period if the reason for the custody mentioned in subsection (2) is, or includes, anything other than the offender’s periodic detention obligations.

suspension of the offender’s periodic detention (see s 78)

nonpayment of a fine or other amount (including restitution) under a court order

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Periodic detention for an offender ends—

(a) at the end of the periodic detention period of the offender’s sentence of imprisonment; or

(b) if the periodic detention is cancelled earlier under part 5.4 (Supervising periodic detention)—when the cancellation takes effect.

To perform periodic detention, an offender must, for each detention period in the periodic detention period of the offender’s sentence of imprisonment—

(a) report to the offender’s reporting place—

(i) by the reporting time on the reporting day; and

(ii) in accordance with any reporting requirement under a direction given to the offender by the chief executive; and

(b) perform activities or work under this part.

1 the kinds of clothing, personal possessions and other things that the offender must or must not have when reporting for detention

2 cleanliness when reporting for detention

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) For this Act, an offender’s reporting place for a detention period is—

(a) the place stated by the sentencing court for the offender to first report for periodic detention; or

(b) if another place is fixed under subsection (2)—that place.

(2) The chief executive may, by written notice given to the offender, fix either of the following for the offender for a detention period:

(a) the correctional centre where the offender must report to perform periodic detention (a reporting place);

(b) the place outside a correctional centre where the offender must report to perform activities or work under section 54 (Periodic detention—activities or work outside correctional centres) (also a reporting place).

(3) A notice under subsection (2) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) For this Act, an offender’s reporting day for a detention period is—

(a) the day of the week stated by the sentencing court for the offender’s first detention period to start; or

(b) if another day is fixed under subsection (2)—that day.

(2) The chief executive may, by written notice given to the offender, fix a reporting day for the offender that is different to the day of the week stated by the sentencing court for the offender’s first detention period to start.

(3) If the chief executive fixes a different reporting day under subsection (2), the offender’s periodic detention period is automatically amended so that the number of detention periods for the offender for the periodic detention period of the offender’s sentence of imprisonment remains unchanged.

(4) A notice under subsection (2) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(5) The notice must tell the offender when the periodic detention period ends because of the changed reporting day.

(1) For this Act, an offender’s reporting time for a detention period is—

(a) 7 pm; or

(b) if a different time is fixed under subsection (3)—that time.

(2) For this Act, the offender’s finishing time for a detention period is—

(a) 4.30 pm; or

(b) if a different time is fixed under subsection (3)—that time.

(3) The chief executive may, by written notice given to the offender, fix both of the following for the offender for a detention period:

(a) the reporting time;

(b) the finishing time.

(4) However, a notice under subsection (3) must not change the length of the detention period.

(5) A notice under subsection (3) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) The chief executive may direct an offender, orally or in writing, to do 1 or more of the following during a detention period:

(a) participate in an activity that the chief executive considers desirable for the offender’s welfare or training;

(b) do work that the chief executive considers suitable for the offender;

(c) do community service work that the chief executive considers suitable for the offender.

(2) However, the offender is not required to do work (including community service work), or participate in an activity, that the offender is not capable of doing.

(3) A direction under this section takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the direction—on the date stated.

(1) This section applies to a direction under section 53 to participate in an activity, or do community service work, at a place that is not a correctional centre.

(2) The direction must include details of the following:

(a) the activity the offender must participate in or the community service work the offender must do;

(b) the place to which the offender must report for the activity or community service work;

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report (the work supervisor);

(e) the person the offender must tell if subsection (4) applies (the corrections supervisor).

(3) The offender must comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the activity or community service work.

(4) If the offender cannot comply with the direction under section 53, the offender must—

(a) tell the corrections supervisor as soon as possible; and

(b) comply with the corrections supervisor’s directions.

1 the activity or community service work to which the direction applies is not available at the place

2 it is impracticable for the offender to participate in the activity or to do the work

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) The chief executive may, on application by an offender under section 56, give the offender approval, orally or in writing—

(a) not to perform periodic detention for a detention period; or

(b) to report up to 4 hours late for a detention period.

(2) The chief executive may give an approval only if the chief executive considers that giving the approval is appropriate.

giving an approval may be appropriate because of the offender’s state of health, for compassionate reasons or because the offender is in custody otherwise than in relation to the offender’s periodic detention obligations

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) However, the chief executive must not give an approval for the offender in relation to more than 2 detention periods in any 6-month period.

(4) The chief executive may give an approval before or after the start of the detention period to which it applies.

(5) An approval is subject to the following conditions:

(a) any standard condition for approval prescribed by regulation;

(b) any additional condition stated in the approval that the chief executive considers necessary.

a condition prohibiting association with a particular person or being near a particular place

(6) An additional condition must not be inconsistent with a standard condition.

(1) An application by an offender for approval under section 55 in relation to a detention period must—

(a) be made to the chief executive, orally or in writing; and

(b) state the grounds on which it is made.

(2) If the application is made on health grounds, it must be accompanied by a doctor’s certificate—

(a) indicating the nature or extent of the illness or injury; and

(b) confirming that the offender is unfit to perform periodic detention in the detention period because of the illness or injury.

(1) This section applies if an offender has approval under section 55 not to perform periodic detention for a detention period.

(2) The periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week for each detention period to which this section applies.

(1) This section applies to an offender for a detention period if—

(a) the offender fails to report to perform periodic detention for the detention period and has not been given approval under section 55 not to perform detention for the detention period; or

(b) the offender reports to perform periodic detention for the detention period and is given a direction under subsection (2) or (3).

(2) If the offender reports to perform periodic detention for the detention period more than 4 hours late, the chief executive must direct the offender, orally or in writing, not to perform periodic detention for the detention period and to leave the reporting place.

(3) If the offender reports to perform periodic detention for the detention period (but not more than 4 hours late), the chief executive may direct the offender, orally or in writing, not to perform detention for the detention period and to leave the reporting place if any of the following happen:

(a) the offender reports to perform periodic detention up to 4 hours late without approval under section 55;

(b) when reporting to perform periodic detention, the offender fails to comply with any reporting requirement mentioned in section 49 (Periodic detention—reporting for etc);

(c) when reporting to perform periodic detention, the offender gives a positive test sample in response to a direction under section 45 (Periodic detention—alcohol and drug tests).

(4) For each detention period of the offender to which this section applies—

(a) the offender is taken not to perform periodic detention; and

(b) the periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week.

The chief executive must apply to the board for an inquiry under section 66 (Board inquiry—breach of periodic detention obligations) if section 58 applies to an offender for a second or subsequent detention period of the offender’s periodic detention period.

(1) This section applies to an offender for a detention period if the chief executive believes, on reasonable grounds, that the offender’s condition, when reporting to perform periodic detention at the reporting place, makes the offender unfit for performing periodic detention for the detention period.

(2) The chief executive may, orally or in writing, direct the offender not to perform periodic detention for the detention period and to leave the reporting place.

the offender is suffering from a contagious disease

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) For each detention period of the offender to which this section applies—

(a) the offender is taken not to perform periodic detention; and

(b) the periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week.

(1) This section applies if—

(a) a periodic detention period of an offender’s sentence of imprisonment is part of a combination sentence; and

(b) the combination sentence includes an order (the other sentencing order) taking effect after the end of the periodic detention period.

(2) If the periodic detention period is changed under any of the following provisions, a corresponding change is automatically made to the term of the other sentencing order and the combination sentence of which it forms part:

(a) section 51 (Periodic detention—reporting day);

(b) section 58 (Failing to perform periodic detention—extension of periodic detention period);

(c) section 60 (Offender not fit for periodic detention—extension of periodic detention period);

(d) section 70 (Review of chief executive decisions under part 5.3).

Dieter is subject to a combination sentence, with an overall term of 3 years, consisting of a 2-year periodic detention period and a good behaviour order. The good behaviour order is expressed to have effect for the remainder of the sentence after the end of the periodic detention period.

Dieter’s periodic detention period is extended under s 58 (Failing to perform periodic detention—extension of periodic detention period) by 1 week. As a result, the term of the good behaviour order is also extended by 1 week (beyond the end of the original overall term of the sentence).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if the Territory makes an agreement, for this Act or the Corrections Management Act 2005, with an entity under which an offender may participate in—

(a) an activity provided by the entity; or

(b) community service work undertaken by the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the activity or work.

(1) This section applies if a corrections officer believes, on reasonable grounds, that an offender has breached any of the offender’s periodic detention obligations.

(2) The corrections officer must report the belief to the board in writing.

(3) The report must be accompanied by a copy of a written record in support of the corrections officer’s belief.

1 breaching any core condition of the periodic detention

2 failing to report, or reporting late, for a second or subsequent detention period without the chief executive’s approval

3 giving a positive test sample for alcohol or drugs when reporting to perform periodic detention

4 not complying with a direction by the chief executive

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if a police officer believes, on reasonable grounds, that an offender has breached any of the offender’s periodic detention obligations.

(2) The police officer may arrest the offender without a warrant.

(3) If the police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) A judge or magistrate may issue a warrant for an offender’s arrest if satisfied by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s periodic detention obligations.

(2) The warrant must—

(a) be in writing signed by the judge or magistrate; and

(b) be directed to all police officers or a named police officer; and

(c) state briefly the matter on which the information is based; and

(d) order the offender’s arrest and bringing the offender before the board.

(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) The board may, at any time, conduct an inquiry to decide whether an offender has breached any of the offender’s periodic detention obligations.

(2) To remove any doubt, the board may conduct the inquiry—

(a) before the start of the periodic detention period of the offender’s sentence of imprisonment; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(3) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the chief executive.

(4) If an offender is arrested under section 64 (Arrest without warrant —breach of periodic detention obligations) or section 65 (Arrest warrant—breach of periodic detention obligations), the board must conduct the inquiry as soon as practicable.

(1) Before starting an inquiry under section 66 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and the chief executive to make submissions to the board by a stated date for the inquiry.

(1) This section applies, if after conducting an inquiry under section 66 (Board inquiry—breach of periodic detention obligations) in relation to an offender, the board decides the offender has breached any of the offender’s periodic detention obligations.

(2) The board may do 1 or more of the following:

(a) take no further action;

(b) give the offender a warning about the need to comply with the offender’s periodic detention obligations;

(c) give the chief executive directions about the offender’s supervision;

(d) change the offender’s periodic detention obligations by imposing or amending an additional condition of the offender’s periodic detention;

(e) suspend the offender’s periodic detention for a stated period, but not past the end of the offender’s periodic detention period;

(f) cancel the offender’s periodic detention.

(3) An additional condition of a periodic detention must not be inconsistent with a core condition of the periodic detention.

(4) To remove any doubt, if an inquiry under section 66 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.

(1) This section applies if the board decides that, since an offender was sentenced to serve periodic detention, the offender has been convicted or found guilty of—

(a) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(b) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment.

(2) Without limiting section 68, the board must cancel the offender’s periodic detention as soon as practicable under that section.

(1) The board may, by an inquiry, review any of the following decisions of the chief executive (each of which is a reviewable decision):

(a) not to give an approval under section 55 (Periodic detention—approval not to perform etc);

(b) to give a direction under section 58 (Failing to perform periodic detention—extension of periodic detention period);

(c) to give a direction under section 60 (Offender not fit for periodic detention—extension of periodic detention period).

(2) The board may review the decision only on application by the offender under section 71.

(3) Before starting an inquiry under this section, the board must give the chief executive—

(a) written notice of the inquiry, including an invitation for the chief executive to make a submission to the board for the inquiry by a stated date; and

(b) a copy of the offender’s application.

(4) To remove any doubt, the board may conduct the inquiry in conjunction with any other inquiry under this Act in relation to the offender.

(5) After reviewing the chief executive’s decision, the board may do any of the following:

(a) confirm the chief executive’s decision;

(b) amend the chief executive’s decision;

(c) set the chief executive’s decision aside and make any decision the chief executive could have made in relation to the offender.

(6) The board must give written notice of its decision, including its reasons for the decision, to the offender and the chief executive.

Note For the content of a statement of reasons, see the Legislation Act, s 179.

(7) To remove any doubt, if the inquiry under this section in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this section with any other powers of the board in relation to the other inquiry.

(1) An offender may apply to the board for a review under section 70 of a reviewable decision under that section.

(2) The application must—

(a) be made in writing, within—

(i) 10 working days after the day the offender is given notice of the decision; or

(ii) any extended period the board allows under subsection (3); and

(b) state the grounds on which it is made.

(3) For subsection (2) (a) (ii), the board may, in writing, extend the period within which the application may be made by up to 14 working days if the board considers that giving the extension is appropriate.

(4) The making of the application does not set aside the offender’s obligation to perform periodic detention in a detention period to which the application relates.

(5) The board may reject an application without holding an inquiry if it considers the application is frivolous or vexatious.

(6) The board must give the offender notice, orally or in writing, of—

(a) an extension under subsection (3); and

(b) a rejection under subsection (5).

(1) The board may, at any time, conduct an inquiry to review an offender’s periodic detention.

(2) Without limiting subsection (1), the board may conduct an inquiry to consider whether periodic detention is, or would be, suitable for the offender.

1 the indicators of unsuitability for periodic detention set out in the Crimes (Sentencing) Act 2005, table 79

2 the history of managing the offender under periodic detention

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) To remove any doubt, the board may conduct the inquiry—

(a) before the start of the periodic detention period of the offender’s sentence of imprisonment; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(4) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the offender or the chief executive.

(1) Before starting an inquiry under section 72 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and chief executive to make submissions to the board for the inquiry by a stated date.

(1) After conducting an inquiry under section 72 (Board inquiry—management of periodic detention) in relation to an offender, the board may do 1 or more of the following:

(a) take no further action;

(b) give the chief executive directions about the offender’s supervision;

(c) change the offender’s periodic detention obligations by imposing or amending an additional condition of the offender’s periodic detention;

(d) if subsection (3) applies—cancel the offender’s periodic detention.

a condition prohibiting association with a particular person or being near a particular place

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) An additional condition of a periodic detention must not be inconsistent with a core condition of the periodic detention.

(3) This subsection applies if the board decides any of the following:

(a) that the periodic detention should be cancelled on the offender’s application;

(b) that periodic detention is, or would be, no longer suitable for the offender.

Note For indicators of unsuitability, see s 72 (2), example 1.

(4) To remove any doubt, if an inquiry under section 72 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.

This division applies to a decision made by the board in relation to an offender under—

(a) section 68 (Board powers—breach of periodic detention obligations); or

(b) section 74 (Board powers—management of periodic detention).

(1) The board must give written notice of its decision, including its reasons for the decision, to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

Note For the content of statements of reasons, see the Legislation Act, s 179.

(2) If the decision is to suspend or cancel the offender’s periodic detention, the notice of the decision must state where and when the offender must report for full-time detention because of the suspension or cancellation.

Note For the offender’s recommittal to full-time detention, see s 81.

(1) This section applies to a decision of the board to change an offender’s periodic detention obligations, by imposing or amending an additional condition of the periodic detention.

(2) The decision takes effect—

(a) when written notice of the decision is given to the offender under section 76; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) This section applies to a decision of the board to suspend or cancel an offender’s periodic detention.

(2) The decision takes effect—

(a) when written notice of the decision is given to the offender under section 76; or

(b) if a later date of effect is stated in the notice—on the date stated.

(3) If the decision is to suspend the offender’s periodic detention—

(a) during the suspension, the offender must be imprisoned under full-time detention; and

(b) while serving the full-time detention, is taken to comply with the offender’s periodic detention obligations.

(4) If the decision is to cancel the offender’s periodic detention, the cancellation ends the periodic detention period of the offender’s sentence of imprisonment and the offender must serve the remainder of the sentence—

(a) by full-time detention until when the periodic detention period would have ended apart from the cancellation; and

(b) otherwise in accordance with the sentence.

(1) This section applies if—

(a) the board decides to suspend or cancel an offender’s periodic detention; and

(b) when the suspension or cancellation takes effect, the offender is also subject to periodic detention under another sentence of imprisonment—

(i) whether concurrent or consecutive with the period suspended or cancelled; and

(ii) whether for the same or another offence.

(2) To remove any doubt, at the inquiry for the suspension or cancellation under this part, the board may also exercise its powers under this part in relation to the other periodic detention.

(1) This section applies if—

(a) the board decides to suspend or cancel an offender’s periodic detention; and

(b) when the suspension or cancellation takes effect, a parole order applies to the offender, whether for the same or another offence.

(2) To remove any doubt, at the inquiry for the suspension or cancellation under this part, the board may also exercise its powers under part 7.4 (Supervising parole) in relation to the offender’s parole.

(1) This section applies if the board decides to suspend or cancel an offender’s periodic detention.

(2) The board must order that the offender be placed in the chief executive’s custody to serve the relevant part of the offender’s sentence by imprisonment under full-time detention.

Note See s 78 (Periodic detention—effect of suspension or cancellation etc).

(3) If the offender is not in custody, the board may also issue a warrant for the offender to be arrested and placed in the chief executive’s custody.

(4) The warrant must—

(a) be in writing signed by the chair of the board; and

(b) be directed to all escort officers or a named escort officer.

(5) An escort officer who arrests the offender under this section must place the offender in the chief executive’s custody as soon as practicable.

This chapter applies to an offender under a good behaviour order.

(1) In this Act:

additional condition, of an offender’s good behaviour order, means—

(a) a condition of the order under the Crimes (Sentencing) Act 2005, section 13 (Good behaviour orders); or

(b) a condition of the order imposed under—

(i) part 6.5 (Good behaviour orders—breach); or

(ii) part 6.6 (Good behaviour orders—amendment and discharge); or

(c) if a condition of the order is amended under part 6.5 or part 6.6—the condition as amended.

community service condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 85.

core condition, of an offender’s good behaviour order, means a core condition under section 85.

good behaviour obligations, of an offender, means the offender’s obligations under section 84.

good behaviour order—see the Crimes (Sentencing) Act 2005, section 13.

interested person, for an offender’s good behaviour order, means any of the following:

(a) the offender;

(b) a surety under the order;

(c) the chief executive;

(d) the director of public prosecutions.

rehabilitation program condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 93.

An offender must—

(a) comply with the offender’s good behaviour order, including—

(i) the core conditions of the order; and

(ii) any additional condition of the order; and

(b) comply with any non-association order or place restriction order made by the sentencing court for the offender; and

(c) comply with any other requirement under this Act or the Corrections Management Act 2005 that applies to the offender.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(1) The core conditions of an offender’s good behaviour order are as follows:

(a) the offender must not commit—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(ii) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

(b) if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

(c) if the offender’s contact details change—the offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the offender knows the changed details;

(d) the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the good behaviour order;

(e) any test sample given by the offender under a direction under section 94 (Community service work—alcohol and drug tests) must not be positive;

(f) if the good behaviour order is subject to a probation condition or supervision condition—the offender must not leave the ACT for more than the defined period without the chief executive’s approval;

(g) the offender must comply with any agreement made by the offender under section 104 (Good behaviour—agreement to attend court);

(h) any condition prescribed by regulation that applies to the offender.

(2) In this section:

contact details means any of the following:

(a) home address or phone number;

(b) work address or phone number;

(c) mobile phone number.

defined period means 24 hours or, if another period is prescribed by regulation, the prescribed period.

probation condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, dictionary.

supervision condition means an additional condition (other than a probation condition) of a good behaviour order that requires the offender to be subject to the chief executive’s supervision.

(1) For this chapter, the chief executive may give directions, orally or in writing, to an offender.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

A good behaviour order for an offender ends—

(a) at the end of the term of the order; or

(b) if the order is cancelled or discharged earlier under part 6.5 or part 6.6—when the cancellation or discharge takes effect.

This part applies if an offender’s good behaviour order is subject to a community service condition.

To comply with a community service condition of an offender’s good behaviour order, the offender must comply with the requirements of this part.

(1) The chief executive may direct an offender, orally or in writing, to do community service work that the chief executive considers suitable for the offender.

(2) The direction must include details of the following:

(a) the community service work the offender must do;

(b) the place to which the offender must report for the work (the reporting place);

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report (the work supervisor);

(e) the person the offender must tell if subsection (6) applies (the corrections supervisor).

(3) The direction may also include a requirement to be satisfied when reporting to do the community service work.

1 the kinds of clothing, personal possessions and other things that the offender must or must not have when reporting for the work

2 cleanliness when reporting for the work

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) A direction under this section takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the direction—on the date stated.

(5) The offender must comply with the direction.

(6) However—

(a) the offender is not required to do work the offender is not capable of doing; and

(b) the direction must, as far as practicable, avoid any interference with the offender’s normal attendance at another place for work or at a school or other educational institution.

(7) The offender must also comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the community service work.

(8) If the offender cannot comply with the chief executive’s direction under this section, the offender must—

(a) tell the corrections supervisor as soon as possible; and

(b) comply with the corrections supervisor’s directions.

1 the community service work to which the direction applies is not available at the place

2 it is impracticable for the offender to do the community service work

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if an offender—

(a) fails to report to do community service work in accordance with a direction under section 90; or

(b) fails to do community service work in accordance with a direction under section 90; or

(c) fails to comply with a reasonable direction given to the offender by the work supervisor under section 90 in relation to the community service work.

(2) The chief executive may direct the offender, orally or in writing, not to do the community service work and to leave the place where it was to be done.

(1) An offender must not do, or be credited with, more than 8 hours of community service work on any day.

(2) To work out the time spent by the offender doing community service work—

(a) only actual work time, and any breaks from work approved by the work supervisor or corrections supervisor under section 90, is counted; and

(b) if the total work time on any day includes part of an hour—that part is counted as 1 hour.

1 An offender, Sunny, is scheduled to perform 8 hours of community service work on a particular day. However, Sunny goes home sick after performing 2 hours and 10 minutes of community service work. He must be credited with having performed 3 hours work on that day.

2 Another offender, Fleur, is scheduled to perform 5 hours of community service work on that day. However, she works just 35 minutes because of bad weather. Fleur must be credited with having performed work for 1 hour on that day.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

An offender must tell the chief executive as soon as possible about any change of which the offender is aware in the offender’s physical or mental condition that affects the offender’s ability to do community service work safely.

The indicators of unsuitability for community service set out in the Crimes (Sentencing) Act 2005, table 90.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) The chief executive may direct an offender, orally or in writing, to give a test sample when reporting to do community service work.

(2) The provisions of the Corrections Management Act 2005 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.

(1) The chief executive may direct an offender, orally or in writing, to submit to a frisk search when reporting to do community service work.

(2) The provisions of the Corrections Management Act 2005 relating to frisk searches apply in relation to a direction under this section and any frisk search conducted under the direction.

(1) This section applies if the Territory makes an agreement with an entity under which the offender may participate in community service work for the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the community service work.

This part applies if an offender’s good behaviour order is subject to a rehabilitation program condition.

To comply with a rehabilitation program condition of an offender’s good behaviour order, the offender must comply with the requirements of this part.

(1) The chief executive may give an offender directions, orally or in writing, in relation to a rehabilitation program condition to which the offender’s good behaviour order is subject.

(2) Without limiting subsection (1), a direction may include details of the following:

(a) the program the offender must attend;

(b) the place to which the offender must report for the program;

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report.

(1) This section applies if the Territory makes an agreement with an entity under which an offender may participate in a rehabilitation program provided by the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the rehabilitation program.

(1) This section applies if a corrections officer believes, on reasonable grounds, that an offender has breached any of the offender’s good behaviour obligations.

(2) If the breach relates to a core condition of the good behaviour order, the corrections officer must report the belief to the sentencing court.

(3) If the breach relates to anything else in relation to the good behaviour order, the corrections officer may report the belief to the sentencing court.

(4) A report under this section must be made in writing and set out the grounds for the corrections officer’s belief.

(1) This section applies if a police officer believes, on reasonable grounds, that an offender has breached any of the offender’s good behaviour obligations.

(2) The police officer may arrest the offender without a warrant.

(3) If the police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before—

(a) the sentencing court; or

(b) if the sentencing court is not sitting—a magistrate.

(1) A judge or magistrate may issue a warrant for an offender’s arrest if satisfied, by information on oath that—

(a) there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s good behaviour obligations; or

(b) the offender has failed to comply with—

(i) an agreement under section 104 (Good behaviour—agreement to attend court); or

(ii) a summons under section 105 (Good behaviour—summons to attend court).

(2) The warrant must—

(a) be in writing signed by the judge or magistrate; and

(b) be directed to all police officers or a named police officer; and

(c) state briefly the matter on which the information is based; and

(d) order the offender’s arrest and bringing the offender before the sentencing court.

(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the sentencing court; or

(b) if the sentencing court is not sitting—a magistrate.

A police officer or corrections officer may ask an offender to sign a voluntary agreement to appear before the sentencing court.

(1) This section applies if an information is laid before a magistrate alleging that an offender has breached any of the offender’s good behaviour obligations.

(2) The magistrate may issue a summons directing the offender to appear before the sentencing court to be dealt with under this part.

(3) The registrar of the Magistrates Court must ensure that a copy of the summons is given to each interested person for the good behaviour order.

(1) If the Supreme Court finds an offender guilty of an offence committed during the term of the offender’s good behaviour order, the court may deal with the offender under this part for breach of the offender’s good behaviour obligations.

(2) If the Magistrates Court finds an offender guilty of an offence committed during the term of the offender’s good behaviour order, and the order was made or changed by the Supreme Court, the Magistrates Court must, in addition to dealing with the offender for the offence, commit the offender to the Supreme Court to be deal with under this part for breach of the offender’s good behaviour obligations.

(3) For subsection (2), a magistrate may remand the offender in custody until the offender can be brought before the Supreme Court.

(1) This section applies if—

(a) a court is satisfied an offender has breached any of the offender’s good behaviour obligations; and

(b) section 109 (Cancellation of good behaviour order with suspended sentence order) does not apply to the offender’s good behaviour order.

(2) The court may do 1 or more of the following:

(a) take no further action;

(b) give the offender a warning about the need to comply with the offender’s good behaviour obligations;

(c) give the chief executive directions about the offender’s supervision;

(d) amend the good behaviour order;

(e) if the offender has given security under the order—

(i) order payment of the security to be enforced; and

(ii) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended);

(f) cancel the order.

impose or amend an additional condition of the order, or amend the term of the order

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) If the court cancels the good behaviour order, the court must—

(a) if section 108 applies to the offender’s good behaviour order—deal with the offender under that section; or

(b) in any other case—re-sentence the offender for the offence for which the good behaviour order was made (the relevant offence).

(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on a conviction for the relevant offence.

(5) The court’s powers under this section are subject to section 112 (Good behaviour orders—limitations on amendment or discharge).

(6) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the relevant offence.

(1) This section applies if—

(a) an offender’s good behaviour order was made under the Crimes (Sentencing) Act 2005, section 17 (2) (b) (Non-conviction orders—general); and

(b) a court cancels the order under section 107.

(2) The court must—

(a) convict the offender of the offence for which the good behaviour order was made; and

(b) sentence the offender for the offence.

(3) The Crimes (Sentencing) Act 2005 applies to the sentencing in the same way that it applies to the sentencing of an offender on conviction for the offence.

(1) This section applies if—

(a) an offender’s good behaviour order was made under the Crimes (Sentencing) Act 2005, section 12 (3) (Suspended sentences) on the offender’s conviction for an offence; and

(b) a court is satisfied the offender has breached any of the offender’s good behaviour obligations.

(2) The court must cancel the good behaviour order and either—

(a) impose the suspended sentence imposed for the offence; or

(b) re-sentence the offender for the offence.

(3) If the offender has given security under the good behaviour order, the court may also—

(a) order payment of the security to be enforced; and

(b) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended).

(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on conviction for the offence.

The Magistrates Court convicted Desmond of an offence. The court sentenced Desmond to imprisonment for 6 months for the offence and made a suspended sentence order for the entire sentence of imprisonment. The court also made a good behaviour order for the 6-month period. Desmond breaches the order. In re-sentencing Desmond, the court may impose a sentence of imprisonment to be served by periodic detention.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the offence.

(1) This section applies if a court cancels the offender’s good behaviour order under section 107, or section 109, and orders enforcement of payment of the security under the order.

(2) When filed by the registrar of the court, the cancelled good behaviour order has the same effect as a final judgment of the court in favour of the Territory against the offender and any surety bound by the order.

(3) To remove any doubt, the security under the cancelled good behaviour order may be enforced—

(a) as if it were a judgment mentioned in subsection (2); and

(b) whether or not the order remains in force; and

(c) even though the court sentences or re-sentences the offender for the offence.

(1) A court may, by order—

(a) amend an offender’s good behaviour order; or

(b) discharge an offender’s good behaviour order.

The court may impose or amend an additional condition of the order, or amend the term of the order.

The court is satisfied that the conduct of the offender makes it unnecessary that the offender continue to be bound by the order.

Note 1 Amend includes omit or substitute (see Legislation Act, dict, pt 1).

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The court may act under this part—

(a) on its own initiative; or

(b) on application by an interested person for the good behaviour order.

(3) The amendment of the good behaviour order takes effect as stated in the court order.

(4) This section is subject to section 112.

(1) A court must not amend an offender’s good behaviour order—

(a) to increase the number of hours of community service work to be done under the order; or

(b) for an order mentioned in the Crimes (Sentencing) Act 2005, section 17 (7) (Non-conviction orders—general)—to extend the term of the order beyond 3 years.

(2) A court may not amend an offender’s good behaviour order in a way that would be inconsistent with a core condition of the order.

(3) If the Supreme Court made, or amended, an offender’s good behaviour order, the Magistrates Court must not amend the order in a way that would be inconsistent with the order as made, or amended, by the Supreme Court.

(4) However, subsection (3) does not apply to a requirement, incidental to a proceeding before the Magistrates Court, that is not inconsistent with the substance of the good behaviour as made, or amended, by the Supreme Court.

(5) If the Supreme Court made or amended an offender’s good behaviour order, the Magistrates Court must not discharge the order.

(1) This section applies if a court amends an offender’s good behaviour order by—

(a) extending the term of the order; or

(b) amending or including an additional condition in the order.

(2) Any surety under the good behaviour order is not bound by the amendment without the surety’s agreement.

(3) If the surety does not agree to be bound by the amendment, the court must direct the extent (if any) to which the surety’s unchanged obligations are to operate under the amended order.

(4) If the court gives a direction under subsection (3), the surety is bound under the good behaviour order only as stated in the direction.