SCHEDULE OF CONDITIONS OF SUPERVISION
Departmental Supervising Officer (DSO)
Corrective Services NSW (CSNSW)
In these conditions:
"CSNSW" means Corrective Services NSW.
"Commissioner" means Commissioner for Corrective Services
"Defendant" means Hector Anthony James Thompson, also known as Beau Thompson, the defendant in these proceedings and the subject of the order.
"Electronic Identity" means each of the following:
an email address;
a user name or other identity allowing access to an instant messaging service;
a user name or other identity allowing access to a chat room or social media on the internet;
any other user name or other identity allowing access to the internet or an electronic communication service.
"DSO" means Departmental Supervising Officer, that is, any Corrective Services Officer supervising the defendant under the order.
"Material" includes:
any written or printed material;
any picture, painting or drawing;
any carving, sculpture, statue or figure;
any photograph, film, video recording or other object or thing from which an image may be reproduced;
any computer data or the computer record or system containing the data; and
any other material or object on which an image or representation is recorded or from which an image or representation may be reproduced.
"NSWPF" means NSW Police Force.
"Associate" includes, but is not limited to, being in company with, or to communicate by any means (including by post, facsimile, telephone, email or any other form of electronic communication).
"Search" includes:
A garment search, being a search of any article of clothing worn by the defendant or in the defendant's possession, where the article of clothing is touched or removed from the person's body; and
A pat-down search, meaning a search of the defendant where the defendant's clothed body is touched.
Part A: Reporting and Monitoring Obligations
Monitoring and Reporting
The defendant must submit to the supervision and guidance of a DSO and obey all reasonable directions of a DSO.
Where a direction may conveniently be given in writing (or is required to be given in writing) it may be given electronically including by SMS or other messaging service.
The defendant must truthfully answer questions from a DSO, or any other person supervising him, about where he is, where he is going, who he is with, what he is doing and the nature of his associations.
Part B: Accommodation
The defendant must live at an address approved by a DSO and notify a DSO of any intention to change the defendant's address or living arrangements.
The defendant must be at his approved address between midnight and 6AM unless other arrangements are approved by a DSO or with a reasonable excuse.
The defendant must allow a DSO to visit him at his approved address at any time and, for that purpose, to enter the premises at that address.
The defendant must not spend the night anywhere other than his approved address or any alternative approved addresses (if relevant) without the approval of a DSO.
The defendant must promptly notify a DSO of any visitor under the age of 18 entering and remaining at his approved address and must not permit any person under the age of 18 to stay overnight, at his approved address (other than persons who ordinarily reside at his approved address), without the prior approval of a DSO.
Part C: Place and travel restrictions
The defendant must surrender any passports held by him to the Commissioner, must not be in possession of any passports, and must not attempt to apply for any passports.
The defendant must not leave New South Wales without the approval of the Commissioner of CSNSW.
The defendant must not frequent or visit any place or district specified by a DSO.
Without limiting condition 11 above, the defendant must not go to any of the following without the prior approval of a DSO:
Residences where the defendant knows that persons aged under 18 years ordinarily reside.
The defendant must not attend any place used solely or mainly for the sale or display of sexually explicit material, or for providing sexual services or sexually explicit entertainment, without the prior approval of a DSO.
Part D: Employment, finance and education
Subjection to condition 17, the defendant must take all reasonable steps to participate in interventions as recommended by a DSO, including the development of a case management plan which may include employment, education, training or participation in personal development programs.
Subjection to condition 17, the defendant must not start on his own initiative any job, volunteer work or educational course without the approval of a DSO.
Subjection to condition 17, the defendant must notify a DSO of any intention to change his employment if practicable before the change occurs or otherwise at his next interview with a DSO.
The defendant is not required to comply with conditions 14, 15 or 16 during the currency of any ISO or ESO except that all of these conditions will reapply if at any time the defendant refuses to be supported by service providers in accordance with his National Disability Insurance Scheme ("NDIS") package or the defendant refuses to continue to engage with and accept the assistance of his available NDIS service providers.
Part E: Drugs and alcohol
The defendant must not possess or use prohibited drugs, or abuse drugs unlawfully obtained.
The defendant must not possess or consume alcohol without the prior approval of a DSO.
The defendant must submit to drug and alcohol testing.
The defendant must not enter any licensed premises including hotels, bars, racecourses and licenced clubs, but excluding cafes and restaurants, without the prior approval of a DSO.
The defendant must attend and participate in programmes and courses for drug and alcohol rehabilitation as reasonably directed by a DSO, and must not discharge himself from such programs and courses without prior approval of a DSO.
A breach of conditions 18 and or 19 may result in the implementation of rehabilitation conditions pursuant to condition 22. Any decision to recommend breach proceedings or to result in the implementation of further conditions under this section is entirely at the discretion of a DSO and the ESO team.
Part F: Non-association
Association with Children
The defendant must not associate with anyone who he knows or reasonably should know is under 18, other than Incidental contact in a public place in the course of the duties of the minor; or with the written permission of a DSO and in accordance with any requirements reasonably determined by a DSO, including that the contact takes place in the presence of an adult who has been approved in writing by a DSO.
Associations with Others (not children)
The defendant must not associate with any person or persons specified by a DSO.
Without limiting condition 25, the defendant must not:
associate with any people who he knows are consuming or under the influence of alcohol without the prior approval of a DSO;
associate with any people who he knows are consuming or under the influence of illegal drugs;
associate with any person held in custody without prior approval of a DSO.
The defendant must not engage the services of sex workers, without the prior approval of a DSO.
The defendant must agree to a DSO disclosing his criminal history to another person if the disclosure is reasonably necessary to address a risk of the commission of a serious offence. Before any disclosure is made, the defendant must first be informed and given the opportunity to make the disclosure himself.
The defendant must obtain permission from a DSO prior to joining or affiliating with any club or organisation.
Part H: Weapons
The defendant must not possess or use any of the following, without a DSO's prior approval:
a knife, other than a knife or cutting implement designed for ordinary domestic use within his home, or for a legitimate purpose;
a machete, sword or any other device that consists of a single-edged or multi-edged blade or spike that is designed or adapted to inflict violence, whether actual or threatened;
any other implement made or adapted for use for causing injury to a person;
anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
Part I: Access to the internet and other electronic communication
The defendant must obey any reasonable direction by a DSO about communication, internet access and use of electronic devices (including, but not limited to, approval of devices used, method of communication, access to the internet and restrictions on deleting information.
The defendant must provide a DSO with all passwords, pin codes and pass codes used to access all electronic devices, electronic applications, internet sites and communication platforms of any kind.
The defendant must provide consent for a DSO (or any other person requested by a DSO) to remotely inspect any internet account used by the defendant, including any internet service provider account, email accounts and social media accounts, in monitoring compliance with this Order.
The defendant must not delete or edit any communications, applications or search history from his phone, computer or any electronic device without the prior consent of a DSO.
The defendant must provide consent for his telephone provider and internet service provider to share information about his accounts with a DSO.
Part J: Search and seizure
The defendant must submit to the search by a DSO or a member of the ESOIT team or a local police officer of any item or place in his possession or under his control, including his residence, any vehicle in which he is traveling, or which is under his effective control, any computer, electronic and communication device, or any storage facility, garage, locker or commercial facility; and to the seizure of any object located during the search.
The defendant must not attempt to destroy or interfere with any object that is the subject of a search or seizure carried out pursuant to this Order.
Part K: Access to pornographic, violent and classified material
The defendant must not purchase, possess, access, obtain, view, participate in or listen to material classified or material that would be classified as:
Refused Classification,
X18+, without prior approval of a DSO;
Restricted Category 2 without prior approval of a DSO;
Restricted Category 1, without prior approval of a DSO; or
Any other material as directed by a DSO which raises concerns related to risk of committing a serious offence.
Part L: Personal details and appearance
The defendant must not change his name from "Hector Anthony James Thompson" or use any other name without notifying a DSO.
The defendant must not significantly change his appearance without first notifying a DSO. The defendant is allowed to grow and trim his beard without notification to a DSO.
The defendant must let a DSO photograph him, dressed, within one week of the commencement of these conditions and following any significant change to his appearance.
If the defendant changes the details of any current form of identification or obtains further forms of identification, he must provide a DSO with such details.
Part M: Medical intervention and treatment
The defendant must undergo ongoing psychological or psychiatric assessment or counselling (or any combination of these) as directed by a DSO, including any therapy sessions, support and treatment programs the subject of the direction.
The defendant must notify a DSO of the identity and address of any healthcare practitioner that he consults.
The defendant must attend, upon the direction of a DSO, any therapy sessions and/or support and treatment programs the subject of the direction.
The defendant must take medications that are prescribed to him by his healthcare practitioners only in the manner prescribed.
The defendant must notify a DSO immediately if he ceases to take or declines to commence taking any medication as referred to in condition 46.
The defendant must agree to his treatment and service providers and healthcare practitioners sharing information, including reports on his progress and attendance, and information he has told them, with each other and with a DSO to the extent that it is relevant to his risk of reoffending or his rehabilitation.
The defendant must agree to any information being shared between those persons and agencies that are involved in his supervision, namely, between members of the ESO team (including but not limited to a DSO), members of the ESOIT team, local police officers as required and CSNSW psychologists and other CSNSW treatment providers to the extent that it is relevant to his risk of reoffending or his rehabilitation.
The defendant must agree to the disclosure of his criminal history to any healthcare professionals that are treating him including treatment relevant to his risk factors or his rehabilitation.