Subdiv 1Release on home detention by CE

Subdivision 1—Release on home detention by CE 37A—Release on home detention (1) Subject to this section, the CE has an absolute discretion to release a prisoner from prison to serve a period of home detention in accordance with this Division. (2) The exercise by the CE of the discretion under subsection (1) is subject to the following limitations: (a) a prisoner who is serving or is liable to serve a sentence of indeterminate duration and has not had a non-parole period fixed cannot be released on home detention; (d) any limitations determined from time to time by the Minister, which may include, without limitation, the exclusion of prisoners sentenced for a specified class of offence or any other class of prisoners from release on home detention. (3) The release of a prisoner under this Division is subject to the following conditions: (a) a condition requiring the prisoner to remain at the prisoner's residence during the period of home detention and not to leave the residence at any time during that period except for the following purposes: (i) attendance at remunerated employment at such times and places as are approved from time to time by the authorised officer to whom the prisoner is assigned; or (ii) urgent medical or dental treatment for the prisoner; or (iia) attendance at— (A) a place for the purpose of undergoing assessment or treatment (or both) relating to the person's mental or physical condition; or (B) an intervention program (within the meaning of the Sentencing Act 2017); or (C) any other course of education, training or instruction, or other activity, as approved or directed by the authorised officer to whom the person is assigned; or (iii) any other purpose approved or directed by the authorised officer to whom the prisoner is assigned; and (b) a condition requiring the prisoner to be of good behaviour during the period of home detention; and (c) a condition requiring the prisoner to obey the lawful directions of the authorised officer during the period of home detention; and (ca) a condition prohibiting the prisoner from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm; and (cb) a condition requiring the prisoner to submit to such tests (including testing without notice) for gunshot residue as an authorised officer may reasonably require; and (d) such other conditions as the CE thinks appropriate (including a condition that the prisoner be monitored by use of an electronic device). (4) A prisoner released under this Division will, unless the release is earlier revoked, remain on home detention— (a) in the case of a prisoner subject to a non-parole period—until he or she is released on parole; (b) in the case of any other prisoner—until the time at which he or she would, but for this Division, have been released from prison pursuant to this Act. (5) The CE may, by notice in writing served personally on the prisoner, vary or revoke any of the conditions to which the prisoner's release is subject. (5a) The Chief Executive Officer may only vary or revoke the conditions imposed by subsection (3)(ca) and (cb) on the release of a person on home detention if he or she is satisfied that— (a) there are cogent reasons to do so; and (b) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public. non-parole period, in relation to a prisoner serving a sentence imposed for an offence against a law of the Commonwealth, includes the minimum term to be served under a recognisance release order; residence includes, if the defendant is an Aboriginal or Torres Strait Islander person, any place specified in the instrument of release as the person's residence. 37C—Revocation of release (1) The CE— (a) must revoke the release of a prisoner under this Division if the prisoner breaches a condition to which the release is subject; and (b) may, in the absolute discretion of the CE, revoke the release of a prisoner under this Division for any other reason. (2) A prisoner is not in breach of the condition requiring the prisoner to remain at the prisoner's residence if the prisoner leaves the residence for the purpose of averting or minimising a serious risk of death or injury (either to the prisoner or some other person). (3) On the revocation of the release of a prisoner under this Division, the prisoner may be apprehended, without warrant, by a police officer or any authorised officer and returned to prison. (4) Where a prisoner breaches a condition to which the release of the prisoner is subject or is, during the period of home detention, sentenced to imprisonment for an offence (whenever committed), the prisoner is liable to serve in prison the balance of the non-parole period or the term of imprisonment (as the case may require), being— (a) in the case of a breach of condition or an offence committed during the period of home detention—the unexpired balance as at the date of the breach or offence; and (b) in the case of an offence committed at any other time—the unexpired balance as at the date on which the further sentence of imprisonment is imposed. (5) Subsection (4) applies notwithstanding that the period of home detention may have expired before the prisoner can be apprehended. (6) A prisoner is, on breaching the condition referred to in section 37A(3)(a), unlawfully at large.