Crimes (Sentence Administration) Act 2005

16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page Preamble 2 1 Name of Act 3 3 Dictionary 3 4 Notes 3 5 Offences against Act—application of Criminal Code etc 4 6 Main object of Act 5 7 Treatment of sentenced offenders 5 8 Treatment of remandees 6

Page contents 2 Crimes (Sentence Administration) Act 2005 9 Treatment of other people in custody 7 10 Application—pt 3.1 8 11 Effect of committal order 9 12 Warrant for imprisonment 9 13 Custody of sentenced offender 9 14 Imprisonment not affected by want of proper warrant 9 15 Application—pt 3.2 10 16 Effect of remand order 10 17 Warrant for remand 11 18 Custody of remandee 12 19 Remand not affected by want of proper warrant 13 20 Directions to escort officers 14 21 Orders to bring offender or remandee before court etc 14 22 Application—ch 4 15 23 Definitions—ch 4 16 24 Full-time detention obligations 17 25 Full-time detention—director-general directions 17 26 Full-time detention in ACT or NSW 18 27 Guidelines—allocation of detainees to correctional centres 18 28 Work and activities by full-time detainee 19

Page contents 3 29 Custody of full-time detainee—lawful absence from correctional centre 19 30 Unlawful absence by offender—extension of sentence 20 31 Early release of offender 20 32 Release at end of sentence 21 33 Offender not to be released if serving another sentence etc 21 34 Application—pt 4.3 23 35 Removal of full-time detainee to NSW 23 36 Full-time detention in NSW 23 37 Full-time detention—return from NSW 24 38 Full-time detention—release in NSW 25 39 Application—ch 5 26 40 Definitions—ch 5 26 41 Intensive correction order obligations 28 42 Intensive correction order—core conditions 28 43 Intensive correction order—alcohol and drug tests 31 43A Intensive correction order—end 31 Part 5.3 Intensive correction order—community 44 Application—pt 5.3 32 45 Intensive correction orders—compliance with community service condition 32 46 Intensive correction orders—community service work—director- general directions 32 47 Intensive correction orders—community service work—failure to report etc 34 48 Intensive correction orders—community service work—maximum daily hours 35

Page contents 4 Crimes (Sentence Administration) Act 2005 48A Intensive correction orders—community service work—therapy and education program limit 36 49 Intensive correction orders—community service work—health disclosures 36 50 Intensive correction orders—community service work—alcohol and drug tests 36 51 Intensive correction orders—community service work—reports by entities 37 Part 5.4 Intensive correction order—rehabilitation programs 52 Application—pt 5.4 38 53 Intensive correction orders—rehabilitation program condition— compliance 38 54 Intensive correction orders—rehabilitation programs—director-general directions 38 55 Intensive correction orders—rehabilitation program providers—reports by providers 39 Part 5.5 Intensive correction order—curfew 56 Application—pt 5.5 40 57 Compliance with curfew 40 58 Curfew—directions 40 Division 5.6.1 Intensive correction orders—supervision 59 Corrections officers to report breach of intensive correction order obligations 42 60 Arrest without warrant—breach of intensive correction order obligations 42 61 Arrest warrant—breach of intensive correction order obligations 43 62 Board inquiry—breach of intensive correction order obligations 44 63 Notice of inquiry—breach of intensive correction order obligations 45 64 Board powers—breach of intensive correction order obligations 45 65 Cancellation of intensive correction order on further conviction etc 47

Page contents 5 66 Cancellation of intensive correction order if offender withdraws consent 49 Division 5.6.3 Suspension and cancellation of intensive correction 67 Application—div 5.6.3 49 68 Notice of board decisions about intensive correction order 49 69 Intensive correction order—effect of suspension or cancellation 49 70 Intensive correction orders—effect of suspension or cancellation on other intensive correction order 50 71 Intensive correction orders—effect of suspension or cancellation on parole 51 72 Suspension or cancellation of intensive correction order—recommittal to full-time detention 51 73 Cancellation of intensive correction order—offender may apply for order to be reinstated 52 Part 5.7 Intensive correction orders—amendment or 74 Court powers—amendment or discharge of intensive correction order 54 75 Intensive correction orders—limitations on amendment or discharge 55 Part 5.8 Intensive correction orders—reporting and records 76 Record-keeping by director-general 56 77 Authorised person may access data 56 Part 5.9 Intensive correction orders—miscellaneous 78 Intensive correction order proceedings—rights of interested person 57 78A Intensive correction order cancellation by court—official notice of sentence 57 79 Intensive correction order—court and board powers after end of order 58 80 Intensive correction orders—outstanding warrants—extension of sentence 58

Page contents 6 Crimes (Sentence Administration) Act 2005 82 Application—ch 5A 60 Part 5A.2 Drug and alcohol treatment orders— undertaking treatment 82A Drug and alcohol treatment order—drug and alcohol tests 61 Part 5A.3 Drug and alcohol treatment orders—effect of cancellation 82B Application—pt 5A.3 62 82C Drug and alcohol treatment order—effect of cancellation 62 Part 5A.4 Drug and alcohol treatment orders—reporting and records 82D Record-keeping by director-general 64 82E Authorised person may access data 64 83 Application—ch 6 65 84 Definitions—ch 6 65 85 Good behaviour obligations 66 86 Good behaviour—core conditions 67 87 Good behaviour—director-general directions 68 88 Good behaviour order—end 69 89 Application—pt 6.2 70 90 Good behaviour orders—compliance with community service condition 70 91 Good behaviour orders—community service work—director-general directions 70 92 Good behaviour orders—community service work—failure to report etc 72

Page contents 7 93 Good behaviour orders—community service work—maximum daily hours 73 93A Good behaviour orders—community service work—therapy and education program limit 74 94 Good behaviour orders—community service work—health disclosures 74 95 Good behaviour orders—community service work—alcohol and drug tests 75 96 Good behaviour orders—community service work—frisk searches 75 97 Good behaviour orders—community service work—reports by entities 76 Part 6.3 Good behaviour—rehabilitation programs 98 Application—pt 6.3 77 99 Good behaviour orders—compliance with rehabilitation program condition 77 100 Good behaviour orders—rehabilitation programs—director-general directions 77 101 Good behaviour orders—rehabilitation program providers—reports by providers 78 102 Good behaviour—breach of good behaviour obligation 79 103 Arrest without warrant—breach of good behaviour obligations 80 104 Arrest warrant—breach of good behaviour obligations etc 81 105 Good behaviour—agreement to attend court 82 106 Good behaviour—summons to attend court 82 107 Offence committed while under good behaviour order 83 108 Court powers—breach of good behaviour obligations 83 109 Cancellation of good behaviour order made as non-conviction order 85 110 Cancellation of good behaviour order with suspended sentence order 85 111 Enforcing security under good behaviour order 86 Part 6.6 Good behaviour orders—amendment and 112 Court powers—amendment or discharge of good behaviour order 88 113 Good behaviour orders—limitations on amendment or discharge 88

Page contents 8 Crimes (Sentence Administration) Act 2005 114 Good behaviour orders—effect of amendment on sureties 89 115 Good behaviour proceedings—rights of interested person 90 116 Good behaviour—court powers after end of order 90 116A Definitions—ch 6A 91 116B Payment of fine 93 Part 6A.2 Penalty notices, default notices and payment arrangements 116C Registrar to send penalty notice 94 116D Offender to give registrar contact details 95 116E Registrar may ask other people for offender’s contact details 96 116F Doubtful service 96 116G Liability for administrative fee 97 116H Default notice 97 116I Form of default notice 98 116J Reminder notice 99 116K Payment arrangements 100 Division 6A.3.1 Reporting fine defaulters 116L Application—pt 6A.3 101 116M Director-general to notify road transport authority 101 116O Examination by director-general 102 116P Examination notice 102 116Q Examination notice—content 103 116R Examination warrant—issue 104 116S Examination warrant—contents and execution 105

Page contents 9 116T Examination hearing before registrar 106 116U Examination hearing warrant—issue 108 116V Examination hearing warrant—contents and execution 109 116W Director-general may apply for fine enforcement order 110 116X Magistrates court may make fine enforcement order 111 Division 6A.3.4 Fine enforcement orders—earnings redirection orders 116Y Fine enforcement order—earnings redirection order 113 Division 6A.3.5 Fine enforcement orders—financial institution deduction orders 116Z Financial institution deduction order 115 116ZA Property seizure order 116 116ZB Property seizure order—authority to enter premises etc 116 116ZC Property seizure order—sale of seized property 118 116ZD Property seizure order—restoration application 119 116ZE Voluntary community work order 120 116ZF Voluntary community work order—administration 121 116ZG Voluntary community work order—rate of discharge of outstanding fine 122 116ZH Voluntary community work order—noncompliance 122 116ZI Voluntary community work order—certificate of completion 123 116ZJ Voluntary community work order—ends if outstanding fine paid 123 116ZK Imprisonment order 123 116ZM Imprisonment—rate of discharge of outstanding fine 124 116ZN Imprisonment—release if outstanding fine paid 125 116ZO Remission of fine by director-general 126 116ZP Time served in custody to count 127 116ZQ Reparation order agreements 127 116ZR Apportionment of fine amounts 128 116ZS Conviction or order quashed or set aside 128

Page contents 10 Crimes (Sentence Administration) Act 2005 116ZT Sharing information 129 116ZU Orders may be made on conditions 129 117 Definitions—ch 7 130 118 Meaning of parole eligibility date 131 118A Parole—meaning of registered victim and victim 131 119 Application—pt 7.2 132 120 Criteria for making parole orders 132 121 Applications for parole 133 122 Board may reject parole application without inquiry 134 123 Board to seek victim’s views for parole inquiry 135 124 Notice to victims for parole inquiry 137 125 Parole applications—inquiry without hearing 138 126 Parole applications—decision after inquiry without hearing 139 127 Parole applications—notice of hearing 140 128 Parole applications—failure of offender to participate in hearing 141 129 Parole applications—decision after hearing 141 130 Parole orders may include conditions 142 131 When parole orders take effect 142 132 Explanation of parole order 142 133 Notice of decisions on parole applications 143 134 Application—pt 7.3 145 135 Release authorised by parole order 145 136 Parole obligations 145 137 Parole order—core conditions 146 138 Parole—director-general directions 147 138A Parole—alcohol and drug tests 148

Page contents 11 139 Parole—effect of custody during order 148 140 Parole—when time is served against sentence 149 141 Parole—end of order 149 142 Application—pt 7.4 150 143 Corrections officers to report breach of parole obligations 150 144 Arrest without warrant—breach of parole obligations 150 145 Arrest warrant—breach of parole obligations 151 146 Board inquiry—breach of parole obligations 151 147 Notice of inquiry—breach of parole obligations 152 148 Board powers—breach of parole obligations 152 149 Automatic cancellation of parole order for ACT offence 153 150 Cancellation of parole order for non-ACT offence 154 151 Cancellation after parole order has ended 154 152 Exercise of board functions after parole ended 155 153 Board inquiry—management of parole 155 154 Notice of inquiry—management of parole 156 155 Parole order—commencement suspended before parole release date 156 156 Board powers—management of parole 157 157 Notice of board decisions about parole 159 158 When changes to parole obligations take effect 160 159 When board cancellation of parole order takes effect 160 160 Parole order—effect of cancellation 160 161 Cancellation of parole—recommittal to full-time detention 161 161A Application—pt 7.5A 163 161B Definitions—pt 7.5A 163

Page contents 12 Crimes (Sentence Administration) Act 2005 161C General rule 165 161D Exceptions—certain ACT offences 165 161E Exceptions—certain non-ACT offences 166 161F Appeal to Supreme Court—order by board 167 161G Working out parole time credit—general rule 168 161H Working out parole time credit—exceptions 169 161I Parole time credit—shortest period to apply 169 162 Definitions—pt 7.6 171 163 Parole order transfer—declaration of corresponding parole laws 172 164 Parole order transfer—registration requests 172 165 Parole order transfer—documents for registration requests 172 166 Parole order transfer—consideration of requests 173 167 Parole order transfer—registration 174 168 Parole order transfer—effect of registration under this Act 175 169 Parole order transfer—effect of transfer to another jurisdiction 177 170 Parole order transfer—evidence of registration 177 Part 8.1 Establishment, functions and constitution of board 171 Establishment of board 178 172 Functions of board 178 173 Members of board 178 174 Appointment of board members 179 175 Conditions of appointment of board members 180 176 Term of appointment of board member 180 177 Disclosure of interests by board members 180 178 Ending board member appointments 183 179 Protection from liability for board members etc 184

Page contents 13 179A Delegation by chief police officer 184 180 Meaning of board’s supervisory functions 185 181 Exercise of board’s supervisory functions 185 182 Constitution of divisions of board 185 183 Time and place of board meetings 187 184 Presiding member at board meetings 187 185 Quorum at board meetings 187 186 Voting at board meetings 187 187 Conduct of board meetings 188 188 Authentication of board documents 188 189 Evidentiary certificate about board decisions 189 190 Proof of certain board-related matters not required 189 191 Board secretary 189 192 Confidentiality of board information 189 193 Meaning of inquiry 191 194 Application of Criminal Code, ch 7 191 195 Board inquiries and hearings 191 196 Conduct of inquiry 192 197 Submissions for inquiry 193 198 Board may require official reports 193 199 Board may require information and documents 193 200 Expenses—production of documents etc 194 201 Possession of inquiry documents etc 195 202 Record of inquiry 195 203 Application—pt 9.2 196

Page contents 14 Crimes (Sentence Administration) Act 2005 204 Notice of board hearing 196 205 Appearance by offender at board hearing 196 206 Arrest of offender for board hearing 197 207 Appearance at board hearing by audiovisual or audio link 198 208 Evidence at board hearings etc 199 209 Offender’s rights at board hearing 200 210 Custody of offender during board hearing adjournment 200 211 Record of board hearings 201 212 Protection of witnesses etc at board hearings 202 213 Meaning of registered victim 203 214 Meaning of victim 203 215 Victims register—offenders other than young offenders 204 215A Victims register—young offenders 204 216 Disclosures to registered victims—offenders other than young offenders 205 216A Disclosures to registered victims—young offenders 206 217 Definitions—pt 11.1 208 218 Interstate transfer—meaning of sentence of imprisonment etc 212 219 Interstate transfer—person subject to sentence of imprisonment 212 220 Interstate transfer—effect of warrant of commitment issued by justice of the peace 213 221 Interstate transfer—corresponding courts and interstate laws 214 222 Interstate transfer—requests from ACT and joint prisoners for transfer to participating state 214 223 Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory 215

Page contents 15 224 Interstate transfer—effect of div 11.1.2 orders on joint prisoners 216 225 Interstate transfer—repeated requests for transfer 217 226 Interstate transfer—receipt of request for transfer to ACT 217 227 Interstate transfer—reports 218 228 Interstate transfer—request for transfer to participating state 218 229 Interstate transfer—necessary consents 220 230 Interstate transfer—order for prisoner to be brought before Magistrates Court 220 231 Interstate transfer—order of transfer 221 232 Interstate transfer—review of Magistrates Court decision 221 233 Interstate transfer—effect of div 11.1.3 orders on joint prisoners 222 234 Interstate transfer—execution of orders for prisoners to be brought before courts 223 235 Interstate transfer—request by Attorney-General for transfer of imprisoned person to ACT 223 236 Interstate transfer—request by imprisoned person for transfer to ACT 223 237 Interstate transfer—return of prisoner to participating state 224 238 Interstate transfer—prisoner’s request to serve sentence in ACT 226 239 Interstate transfer—effect of div 11.1.4 orders on joint prisoners 227 240 Interstate transfer—transfer in custody of escort 228 241 Interstate transfer—transfer of sentence with prisoner 229 242 Interstate transfer—information sent to participating state 229 243 Interstate transfer—translated sentences 230 244 Interstate transfer—operation of translated sentences generally 231 245 Interstate transfer—indeterminate translated sentences 232 246 Interstate transfer—effect of translated sentences before transfer to ACT 232 247 Interstate transfer—default imprisonment for translated sentences 233 248 Interstate transfer—notification to prisoners of decisions 234 249 Interstate transfer—lawful custody for transit through ACT 235 250 Interstate transfer—escape from custody of person being transferred 236

Page contents 16 Crimes (Sentence Administration) Act 2005 251 Interstate transfer—offence for escape from custody 237 252 Interstate transfer—revocation of order of transfer on escape from custody 238 Part 11.2 International transfer of prisoners 253 International transfer—object of pt 11.2 239 254 International transfer—meaning of Commonwealth Act 239 255 International transfer—terms defined Commonwealth Act 239 256 International transfer—Minister’s functions 239 257 International transfer—functions of prison officers, police officers etc 239 258 International transfer—arrangements for administration of Commonwealth Act 240 259 International transfer—prisoners transferred to Australia 240 260 International transfer—prisoners transferred from Australia 241 Part 12.1 Transfer of community-based sentences— general 261 Community-based sentence transfer—purpose of ch 12 242 262 Community-based sentence transfer—application of ch 12 242 263 Community-based sentence transfer—definitions ch 12 243 Part 12.2 Transfer of community-based sentences— important concepts 264 Meaning of community-based sentence 244 265 Community-based sentence transfer—jurisdictions and participating jurisdictions 244 266 Community-based sentence transfer—local and interstate sentences 245 267 Meaning of corresponding community-based sentence law 245 268 Community-based sentence transfer—local and interstate authorities 246 Part 12.3 Transfer of community-based sentences— administration 269 Community-based sentence transfer—appointment of local authority 247

Page contents 17 270 Community-based sentence transfer—delegation by local authority 247 271 Community-based sentence transfer—local register 247 Part 12.4 Transfer of community-based sentences— registration of interstate sentences in ACT 272 Community-based sentence transfer—request for transfer of interstate sentence 248 273 Community-based sentence transfer—form of request for registration 248 274 Community-based sentence transfer—request for additional information 250 275 Community-based sentence transfer—withdrawal of offender’s consent 250 276 Community-based sentence transfer—registration criteria 250 277 Community-based sentence transfer—decision on request 251 278 Community-based sentence transfer—preconditions for registration 253 279 Community-based sentence transfer—how interstate sentence registered 253 280 Community-based sentence transfer—notice of registration 254 281 Community-based sentence transfer—effect of registration generally 254 Part 12.5 Transfer of community-based sentences— registration of ACT sentences interstate 282 Community-based sentence transfer—request for transfer of local sentence 256 283 Community-based sentence transfer—response to request for additional information 256 284 Community-based sentence transfer—effect of interstate registration 256 Part 12.6 Transfer of community-based sentences— other provisions 285 Community-based sentence transfer—inaccurate information about local sentence registered interstate 258 286 Community-based sentence transfer—dispute about accuracy of information in interstate register 258 287 Community-based sentence transfer—evidentiary certificates for registration and registered particulars 259

Page contents 18 Crimes (Sentence Administration) Act 2005 Division 13.1.1 Release on licence—general 288 Application—pt 13.1 261 289 Definitions—pt 13.1 261 290 Release on licence—request for board recommendation 261 291 Release on licence—notice of board inquiry 262 292 Release on licence—board to seek victim’s views 262 293 Release on licence—criteria for board recommendations 264 294 Release on licence—board recommendations 266 295 Release on licence—decision by Executive 266 296 Release on licence—grant 267 297 Explanation of licence 267 298 Release on licence—notice of Executive decision 268 299 Release authorised by licence 269 300 Release on licence obligations 270 301 Release on licence—core conditions 270 302 Release on licence—director-general directions 272 302A Release on licence—alcohol and drug tests 272 303 Release on licence—sentence not discharged 272 303A Corrections officers to report breach of release on licence obligations 272 304 Arrest without warrant—breach of release on licence obligations 273 305 Arrest warrant—breach of release on licence obligations 273 306 Board inquiry—review of release on licence 274 307 Board inquiry—notice of review of release on licence 275 308 Board powers—review of release on licence 275 309 Release on licence—automatic cancellation of licence for ACT offence 276 310 Release on licence—cancellation of licence for non-ACT offence 276 311 Release on licence—notice of board’s decision on review 277 312 Cancellation of licence—recommittal to full-time detention 277

Page contents 19 Part 13.2 Remissions and pardons 313 Remission of penalties 279 314 Grant of pardons 279 314A Prerogative of mercy 279 315 Definitions—ch 14 280 316 Meaning of community service work 280 317 Protection from liability for people involved in community service work 281 318 Community service work not to displace employees 282 319 No employment contract for community service work 282 320 Community service work—work health and safety 282 320A Purpose—ch 14A 284 320B Youth justice principles to be considered 284 320C Young offenders and remandees—references to correctional centre and Corrections Management Act 285 320D Young offenders and remandees—references to director-general 285 320E Young remandees—remand to be at detention place 286 320F Young offenders—administration of sentences other than imprisonment 286 320G Young offenders—breach of good behaviour obligations 286 320H Sentencing court to deal with breaches 287 320I Young offenders—transfer 287 320J Young offenders—transfer of community-based sentences 287 Part 14A.2 Young offenders—accommodation orders 320K Accommodation orders—contraventions 288 320L Accommodation orders—resentencing for breach 288

Page contents 20 Crimes (Sentence Administration) Act 2005

321 Director-general directions—general 289 321AA Director-general to give information—detainees etc subject to forensic mental health orders 289 321A Evidentiary certificates 290 322 Criminology or penology research 292 323 Determination of fees 294 324 Approved forms 294 325 Regulation-making power 294 Dictionary 295 1 About the endnotes 308 2 Abbreviation key 308 3 Legislation history 309 4 Amendment history 319 5 Earlier republications 352 6 Expired transitional or validating provisions 358

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

Preamble Preamble

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

Preliminary Chapter 1 1 Name of Act This Act is the Crimes (Sentence Administration) Act 2005. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘community service work—see section 316.’ 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)). 4 Notes 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.

5 Offences against Act—application of Criminal Code etc 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). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Object and principles Chapter 2

6 Main object of Act 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 2007.

7 Treatment of sentenced offenders (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 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 2007.

8 Treatment of remandees (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 2007. (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 210 (Custody of offender during board hearing adjournment) (4) This section does not apply to the remandee if the remandee is an offender under a sentence of imprisonment in relation to another

Object and principles Chapter 2

9 Treatment of other people in custody (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 (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 2007. (4) This Act applies in relation to the person as a full-time detainee, with any changes prescribed by regulation.

Chapter 3 Imprisonment and remand— committal

10 Application—pt 3.1 (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 72 (Suspension or cancellation of intensive correction order—recommittal to full-time detention); (ii) section 161 (Cancellation of parole—recommittal to full-time detention); (iii) section 312 (Cancellation of licence—recommittal to full-time detention). (2) A reference in this section to a court sentencing an offender to imprisonment includes— (a) an entity prescribed by regulation sentencing an offender to (b) a court ordering the imprisonment of a fine defaulter under section 116ZK. 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).

Imprisonment Part 3.1

11 Effect of committal order The committal order— (a) authorises the director-general to have custody of the offender (b) requires the director-general 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.

12 Warrant for imprisonment (1) The committing authority must issue a warrant for the imprisonment of the offender in the director-general’s custody. (2) The warrant— (a) must be addressed to the director-general; and (b) may be signed by a person authorised by the committing authority. Note 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)).

13 Custody of sentenced offender The director-general must keep the offender imprisoned under full-time detention under this Act and the Corrections Management Act 2007 until released under this Act or another territory law.

14 Imprisonment not affected by want of proper warrant The validity of the offender’s imprisonment under this Act or the Corrections Management Act 2007 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.

15 Application—pt 3.2 (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. 16 Effect of remand order The remanding authority’s order for remand— (a) authorises the director-general to have custody of the remandee (b) requires the director-general to— (i) take the remandee into custody; and (ii) keep the remandee in custody under full-time detention (iii) return the remandee to the remanding authority as required by the order.

Remand Part 3.2

17 Warrant for remand (1) The remanding authority must issue a warrant for the remand of the remandee in the director-general’s custody. (2) The warrant— (a) must be addressed to the director-general; and (b) may be signed by a person authorised by the remanding authority. Note 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)). (3) The warrant— (a) may state any considerations about the remand to which the director-general must have regard; and (b) must state— (i) when and where the remanding authority orders the return of the remandee to the remanding authority; or (ii) that the remanding authority order the return of the remandee— (A) to the remanding authority at the time and place decided by the registrar; or (B) to another remanding authority at the time and place decided by the registrar. Examples of considerations under par (a) 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

18 Custody of remandee (1) The director-general must— (a) keep the remandee in custody under full-time detention under this Act and the Corrections Management Act 2007 under the order for remand; and (b) return the remandee to the remanding authority, or another remanding authority, as ordered by the remanding authority. Note For a young remandee, see s 320E. (2) The director-general must ensure that the remandee is held in custody in the place that the director-general decides is the most appropriate. (3) For subsection (2)— (a) the director-general 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 director-general may have regard to anything else the director-general considers relevant.

Remand Part 3.2

19 Remand not affected by want of proper warrant The validity of the remandee’s remand in custody under full-time detention under this Act or the Corrections Management Act 2007 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.

20 Directions to escort officers (1) For this chapter, the director-general 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 (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.

21 Orders to bring offender or remandee before court etc (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 director-general must arrange for an offender, remandee or other person in the director-general’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.

General Part 4.1

22 Application—ch 4 (1) This chapter applies to a person (a full-time detainee) if the person is— (a) an offender in the director-general’s custody because of section 11 (Effect of committal order); or (b) a remandee in the director-general’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.

23 Definitions—ch 4 (1) In this Act: recommitted, for an offender, means placed in the director-general’s custody because of an order under any of the following provisions: (a) section 72 (Suspension or cancellation of intensive correction order—recommittal to full-time detention); (b) section 161 (Cancellation of parole—recommittal to full-time detention); (c) section 312 (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).

24 Full-time detention obligations (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 2007. (2) If an offender is recommitted to the director-general’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 2007. (3) An offender must also comply with any requirement or direction under this Act, or the Corrections Management Act 2007, 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 2007. (5) A remandee must also comply with any requirement or direction under this Act, or the Corrections Management Act 2007, that applies to the remandee as a full-time detainee.

25 Full-time detention—director-general directions writing, to a full-time detainee.

26 Full-time detention in ACT or NSW (1) The director-general must arrange for a full-time detainee to be kept in full-time detention at— (a) an ACT correctional centre; or (b) a NSW correctional centre. (2) For this section, the director-general may, in writing, direct that a full-time detainee— (a) be detained at the ACT correctional centre stated in the direction; or (b) be removed to a NSW correctional centre stated in the direction. Note The reference to an ACT correctional centre is, in relation to a CYP young offender, a reference to a detention place under the Children and Young People Act 2008. A CYP young offender is a young offender required under the Crimes (Sentencing) Act 2005, section 133H to serve his or her sentence of imprisonment at a detention place (see this Act, s 320C).

27 Guidelines—allocation of detainees to correctional centres (1) The director-general 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. correctional centre includes a NSW correctional centre.

28 Work and activities by full-time detainee (1) The director-general may direct an offender, orally or in writing— (a) to participate in an activity that the director-general 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 director-general considers (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 director-general may allow a remandee to do work at a correctional centre, or community service work outside a correctional centre, that the director-general considers suitable for the remandee. Note A regulation may prescribe work to be community service work (see s 316).

29 Custody of full-time detainee—lawful absence from correctional centre While lawfully absent from a correctional centre, a full-time detainee— (a) remains in the director-general’s custody; and (b) if under escort by an escort officer—is also taken to be in the escort’s custody. Examples of lawful absence from correctional centre 1 while doing community service work 2 while being moved to a correctional centre, court, hospital or other place under direction by the director-general

30 Unlawful absence by offender—extension of sentence 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. Examples of unlawful absence the offender fails to return to a correctional centre as required after community service work or approved leave

31 Early release of offender (1) This section applies if the term of an offender’s sentence of imprisonment is longer than 6 months. (2) The director-general 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 director-general may have regard to any of the (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 director-general considers appropriate.

(4) If the director-general 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.

32 Release at end of sentence (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. (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.

33 Offender not to be released if serving another sentence etc (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.

Full-time detention in NSW Part 4.3

34 Application—pt 4.3 This part applies if the director-general directs under section 26 (Full-time detention in ACT or NSW) that a full-time detainee be removed to a NSW correctional centre.

35 Removal of full-time detainee to NSW 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.

36 Full-time detention in NSW (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 at a NSW correctional centre, to be serving the sentence of imprisonment at 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. (3) Despite subsection (2) (b)— (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 198 (Board may require official reports); (vii) chapter 13 (Release on licence, remission and pardon); (viii) a provision prescribed by regulation; and (b) the following provisions of the Corrections Management Act 2007 apply in relation to the detainee: (i) section 94 (Segregated detainees removed to NSW); (ii) a provision prescribed by regulation. 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.

37 Full-time detention—return from NSW (1) The director-general 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 director-general to be released in the ACT from imprisonment under this Act or another territory law, the director-general 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 at a correctional centre, until released from imprisonment under this Act or another territory law or returned to a NSW correctional centre.

Full-time detention in NSW Part 4.3 (5) If the full-time detainee is not released, the director-general’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). 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.

38 Full-time detention—release in NSW (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. release—see section 37 (8).

39 Application—ch 5 This chapter applies to an offender sentenced to imprisonment if the sentencing court makes an intensive correction order in relation to the

40 Definitions—ch 5 additional condition, of an offender’s intensive correction order, (a) a condition of the order made by the sentencing court under the Crimes (Sentencing) Act 2005, section 11 after the court has considered an intensive correction assessment for the order; or (b) a condition of the order imposed under— (i) part 5.6 (Supervising intensive correction orders); or (ii) part 5.7 (Intensive correction orders—amendment and discharge); or (c) if a condition is amended under part 5.6 or part 5.7—the condition as amended. community service condition, of an intensive correction order for an offender—see the Crimes (Sentencing) Act 2005, section 80A. core condition, of an offender’s intensive correction order, means a core condition under section 42. intensive correction—see the Crimes (Sentencing) Act 2005,

Preliminary Part 5.1 intensive correction assessment means an assessment by the director-general about whether an intensive correction order is intensive correction order— (a) see the Crimes (Sentencing) Act 2005, section 11; and (b) if the term of the intensive correction order is extended under section 80—includes the order as extended. interested person, for an offender’s intensive correction order, means any of the following: rehabilitation program condition, of an intensive correction order for an offender—see the Crimes (Sentencing) Act 2005, section 80G.

41 Intensive correction order obligations (1) An offender must serve intensive correction in the period of the offender’s sentence in accordance with this part. (2) To serve intensive correction, the offender must, during the period of the offender’s sentence comply with— (a) the core conditions of the offender’s order; and (b) any additional condition of the offender’s order; and (c) any non-association order or place restriction order made by the sentencing court for the offender; and (d) any requirement prescribed by regulation; and (e) any other requirement under this Act or the Corrections Management Act 2007 that applies to the offender. made or in force under the Act, including any regulation (see Legislation (3) A regulation may make provision in relation to electronic monitoring to monitor the offender’s compliance with a condition of the offender’s intensive correction order.

42 Intensive correction order—core conditions (1) The core conditions of an offender’s intensive correction order are as

Serving intensive correction Part 5.2 (c) if the offender’s contact details change—the offender must tell the director-general about the change as soon as possible, but not later than 1 day after the day the offender becomes aware of the change of details; Corrections Management Act 2007 in relation to the intensive correction order; (e) the offender— (i) is on probation under the supervision of the director-general; and (ii) must comply with the director-general’s reasonable directions in relation to the probation; (f) any test sample given by the offender under a direction under section 43 (Intensive correction order—alcohol and drug tests) must not be positive; (g) the offender must not use or obtain a drug; Note Drug—see the Corrections Management Act 2007, s 132. (h) the offender must not— (i) leave the ACT without the director-general’s approval; or (ii) leave Australia without the board’s written approval;

(i) if leaving the ACT or Australia, the offender must comply with any condition of the approval to leave; (j) the offender must comply with any direction given to the offender by the director-general to— (i) live at any premises; or (ii) undertake any program; or (iii) report to a corrections officer; or (iv) allow a corrections officer to visit the place where the offender lives at any reasonable time; (k) the offender must comply with any notice made under section 63 to attend a hearing of the board; (l) any condition prescribed by regulation that applies to the possible after, but not later than 1 day after, the day of the

Serving intensive correction Part 5.2 (a) home address or phone number; and (b) work address or phone number; and

43 Intensive correction order—alcohol and drug tests give a test sample during the offender’s sentence of imprisonment by intensive correction.

43A Intensive correction order—end An intensive correction order for an offender ends— (a) at the end of the term of the order; or (b) if the order is cancelled earlier under part 5.6 (Supervising intensive correction)—when the cancellation takes effect. Note An intensive correction order includes the term of the order as extended under s 80 (see s 40).

Part 5.3 Intensive correction order— community service work 44 Application—pt 5.3 to a community service condition. 45 Intensive correction orders—compliance with community service condition To comply with a community service condition of an offender’s intensive correction order, the offender must comply with the

46 Intensive correction orders—community service work— do community service work that the director-general considers (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); (d) the person (if any) to whom the offender must report (the work supervisor); (e) the person the offender must tell if subsection (8) applies (the corrections supervisor).

(3) The direction may also include a requirement that the offender must comply with when reporting to do the community service work. Note For examples of reporting requirements directed by the director-general, see s 91 (3) (Good behaviour orders—community service work— director-general directions). (4) A direction under this section takes effect— (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 an 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 director-general’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. Note For examples where the offender cannot comply, see s 91 (8) (Good behaviour orders—community service work—director-general directions).

47 Intensive correction orders—community service work— failure to report etc (1) Subsection (2) applies if an offender fails to— (a) report to do community service work in accordance with a direction under section 46; or (b) do community service work in accordance with a direction under section 46; or (c) comply with a reasonable direction given to the offender by the work supervisor under section 46 in relation to the work. (2) The director-general 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. (3) Subsection (4) applies if— (a) an offender fails to report to do community service work for a period (a work period) in accordance with a direction under section 46; and (b) the offender is at the time of the work period— (i) remanded in custody under a territory law or a law of the (ii) detained at a place under the Mental Health Act 2015. (4) The offender is taken to have performed community service work in accordance with the direction for the work period. (5) Subsection (6) applies if— (a) an offender fails to do community service work for a period (the unworked period) in accordance with a direction under section 46; and

(b) the director-general is satisfied the offender’s failure to do the community service work in accordance with the direction for the unworked period is because of circumstances preventing the work from being done, that were beyond the offender’s control. Examples—par (b) 1 community service work cannot be done because of weather conditions 2 community service work cannot be done because of unforeseeable absence of supervising staff (6) The director-general may direct that the offender is taken to have done the community service work in accordance with the direction for a period that is not more than the unworked period. (7) However, before making a direction under subsection (6), the (a) consider the purposes of sentencing under the Crimes (Sentencing) Act 2005, section 7; and (b) be satisfied the total period the offender is taken to have done community service work during all unworked periods is not more than— (i) 8 hours in a week; or (ii) 10% of the total number of hours of community service work required to be performed by the offender.

48 Intensive correction orders—community service work— maximum daily hours (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 46, is counted; and

(b) if the total work time on any day includes part of an hour, that part is counted as 1 hour. Note For examples of maximum daily hours, see s 93 (2) (Good behaviour orders—community service work—maximum daily hours).

48A Intensive correction orders—community service work— therapy and education program limit Participation in a program for therapy or education must not make up more than 25% of the total number of hours of community service work required to be performed by an offender subject to a community service condition under an intensive correction order.

49 Intensive correction orders—community service work— health disclosures An offender must tell the director-general 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. Example—unsuitability The indicators of unsuitability for community service set out in the Crimes (Sentencing) Act 2005, s 80D.

50 Intensive correction orders—community service work— alcohol and drug tests give a test sample when reporting to do community service work.

51 Intensive correction orders—community service work— reports by entities entity under which the offender may participate in community service work for the entity. written reports about the offender’s participation in the community service work.

Part 5.4 Intensive correction order—rehabilitation programs Part 5.4 Intensive correction order— rehabilitation programs 52 Application—pt 5.4 to a rehabilitation program condition. 53 Intensive correction orders—rehabilitation program condition—compliance To comply with a rehabilitation program condition of an offender’s intensive correction order, the offender must comply with the

54 Intensive correction orders—rehabilitation programs— (1) The director-general may give an offender directions, orally or in writing, in relation to a rehabilitation program condition to which the offender’s intensive correction order is subject. (2) Without limiting subsection (1), a direction may include details of the (a) the program the offender must attend; (b) the place to which the offender must report for the program; (d) the person (if any) to whom the offender must report.

Intensive correction order—rehabilitation programs Part 5.4

55 Intensive correction orders—rehabilitation program providers—reports by providers entity under which an offender may participate in a rehabilitation program provided by the entity. written reports about the offender’s participation in the rehabilitation program.

Part 5.5 Intensive correction order—curfew Part 5.5 Intensive correction order— curfew 56 Application—pt 5.5 to a curfew condition. 57 Compliance with curfew To comply with a curfew condition of an offender’s intensive correction order, the offender must comply with the requirements of

58 Curfew—directions (1) A curfew condition of an intensive correction order must include details of the following: (a) the place where the offender must remain for the curfew; (b) the period of time (not longer than the offender’s sentence) that the curfew will be in place. (2) The director-general may, at any time while a curfew condition is in effect, direct the offender to remain at a different place for the curfew if satisfied that each adult who is living at the place, or has parental responsibility or guardianship for a person who is living at the place, consents to the place being used for that purpose. (3) The sentencing court may recommend an amount of time that the offender should remain at the curfew place each day.

Intensive correction order—curfew Part 5.5 (4) The director-general may, after taking into account any recommendation of the sentencing court, direct the offender, orally or in writing, to remain at the curfew place for a period of time (not more than 12 hours in a 24-hour period) each day. Max is directed to comply with a curfew. Max may be required to remain at the curfew place between 10 pm and 7 am, and between 3 pm and 6 pm on Mondays, Wednesdays and Fridays. (5) A direction under this section takes effect— (6) The offender must comply with a direction under this section. curfew place means— (a) the place detailed in the curfew condition under subsection (1) (a); or (b) if the director-general directs the offender to remain at a different place under subsection (2)—the different place.

Division 5.6.1 Intensive correction orders—supervision Part 5.6 Supervising intensive correction Division 5.6.1 Intensive correction orders— supervision 59 Corrections officers to report breach of intensive correction order obligations grounds that an offender has breached any of the offender’s intensive correction order obligations. (2) The corrections officer must report the belief to— (b) if the belief is that the offender was convicted or found guilty of an offence mentioned in section 65 (1) by a court other than an ACT court—the sentencing court. (3) A report under this section must be made in writing and set out the grounds for the corrections officer’s belief.

60 Arrest without warrant—breach of intensive correction order obligations (1) This section applies if a police officer believes on reasonable grounds that an offender has breached any of the offender’s intensive correction order obligations. (3) A police officer who arrests an offender under this section must, as (b) if section 65 would apply because of the breach—the sentencing

Intensive correction orders—supervision Division 5.6.1 (4) However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.

61 Arrest warrant—breach of intensive correction order satisfied, by information on oath that there are reasonable grounds for offender’s intensive correction order obligations. (d) order the arrest and bringing of the offender before the board or (b) if section 65 would apply because of the breach—the sentencing (4) However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.

62 Board inquiry—breach of intensive correction order (1) The board may conduct an inquiry to decide whether an offender has breached any of the offender’s intensive correction order obligations. (2) The board must hold a hearing for an inquiry— (a) on application by the director-general; or (b) after receiving a report from a corrections officer under section 59 (Corrections officers to report breach of intensive correction order obligations); or (c) if the offender is arrested under section 60 (Arrest without warrant—breach of intensive correction order obligations) or section 61 (Arrest warrant—breach of intensive correction order obligations). (3) This section does not apply if the offender has been convicted of a new offence punishable by imprisonment. Note Section 65 requires a court to cancel the offender’s intensive correction order in certain circumstances. (4) To remove any doubt, the board may conduct the inquiry in conjunction with any other inquiry under this Act in relation to the (5) The board must, as soon as practicable— (a) tell the director-general of an inquiry conducted under subsection (2) (c); and (b) conduct the inquiry.

Intensive correction orders—breach Division 5.6.2

63 Notice of inquiry—breach of intensive correction order (1) Before the board starts an inquiry under section 62 in relation to an offender, the board must give written notice of the inquiry to— (b) the director of public prosecutions. (b) an invitation for the offender to make submissions to the board by a stated date for the inquiry; and (c) if a board hearing is to be held in relation to the inquiry— (i) the date, time and location of the hearing; and (ii) a statement about the effect of section 209 (Offender’s rights at board hearing). (3) An offender who is given notice of a hearing under this section must appear at the hearing.

64 Board powers—breach of intensive correction order (1) This section applies if, after conducting an inquiry under section 62 (Board inquiry—breach of intensive correction order obligations) in relation to an offender, the board is satisfied that the offender has breached any of the offender’s intensive correction order obligations. (2) The board may do 1 or more of the following: (a) give the offender a warning about the need to comply with the offender’s intensive correction order obligations;

(b) suspend the offender’s intensive correction order for— (i) if the offender admits that the offender has breached an obligation—3 days to be served by imprisonment by full-time detention, but not past the end of the offender’s (ii) in any other case—7 days to be served by imprisonment by full-time detention, but not past the end of the offender’s sentence; (c) cancel the offender’s intensive correction order; Note Section 65 requires a court to cancel the offender’s intensive correction order in certain circumstances and s 66 requires the board to cancel the order if the offender withdraws consent. (d) refer the offender to a court for amendment or discharge of the intensive correction order if the board decides that the offender is unlikely to be able to serve the remainder of the order by intensive correction, having regard to— (i) the offender’s health; or (ii) any exceptional circumstances affecting the offender. (3) The board must not give more than 3 warnings under subsection (2) (a) in a 12-month period. (4) To remove any doubt, if an inquiry under section 62 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.

Intensive correction orders—breach Division 5.6.2

65 Cancellation of intensive correction order on further conviction etc (1) This section applies if, after an offender was sentenced to serve intensive correction, the offender commits, and is 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 that, if it had been committed in Australia, would be punishable by imprisonment. (2) The sentencing court must, as soon as practicable— (a) cancel the intensive correction order, unless cancellation is not in the interests of justice; and (b) if the court cancels the intensive correction order—order that the remainder of the offender’s sentence be served by full-time detention. (3) If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Supreme Court and the intensive correction order was made by the Magistrates Court, the Supreme Court is taken to be the sentencing court for this section. (4) If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Magistrates Court and the intensive correction order was made or amended by the Supreme Court— (a) the Supreme Court is taken to be the sentencing court for this section; and (b) the Magistrates Court— (i) must, in addition to dealing with the offender for the offence mentioned in subsection (1), commit the offender to the Supreme Court to be dealt with in accordance with subsection (2); and

(ii) may remand the offender in custody until the offender can be brought before the Supreme Court. (5) If the court makes an order under subsection (2) (b), the court— (a) must state when the period of full-time detention starts and ends; and (b) may set a nonparole period for the period of full-time detention if— (i) the sentence of imprisonment for which the intensive correction order was made is more than 12 months; and (ii) the period of full-time detention is more than 30 days. (6) To remove any doubt, the Crimes (Sentencing) Act 2005, part 5.2, applies to a nonparole period set under subsection (5) (b) as if the nonparole period had been set under that part. Note The Crimes (Sentencing) Act 2005, pt 5.2 deals with setting and review of nonparole periods. (7) If the court decides that it is not in the interests of justice to cancel the intensive correction order, the court must give reasons for the decision. (8) If the offender is convicted or found guilty of an offence mentioned in subsection (1) by a court other than an ACT court, the board must refer the offender to the sentencing court as soon practicable after becoming aware of the conviction or finding of guilt.

66 Cancellation of intensive correction order if offender withdraws consent (1) This section applies if the board is satisfied that the offender has withdrawn the offender’s consent to serve the offender’s sentence by intensive correction. (2) The board must cancel the offender’s intensive correction order.

Division 5.6.3 Suspension and cancellation of intensive correction order

67 Application—div 5.6.3 This division applies to a decision made by the board under section 64 or section 66.

68 Notice of board decisions about intensive correction The board must give written notice of its decision to each interested

69 Intensive correction order—effect of suspension or cancellation (1) This section applies to a decision of the board to suspend or cancel the offender’s intensive correction order. (a) when written notice of the decision is given to the offender under section 68; or

Division 5.6.3 Suspension and cancellation of intensive correction order (3) If the decision is to suspend the offender’s intensive correction order— (a) during the suspension the offender must be imprisoned under full-time detention; and (b) while serving the full-time detention the offender is taken to comply with the offender’s intensive correction obligations. (4) If the decision is to cancel the offender’s intensive correction order, the cancellation ends the intensive correction order and the offender must serve the remainder of the sentence of imprisonment— (a) by full-time detention until when the intensive correction order would have ended apart from the cancellation; and (b) otherwise in accordance with the sentence. Note For when an intensive correction order ends, see s 43A.

70 Intensive correction orders—effect of suspension or cancellation on other intensive correction order (a) the board decides to suspend or cancel an offender’s intensive correction order; and (b) when the suspension or cancellation takes effect the offender is also subject to intensive correction under another sentence of (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 intensive correction order.

71 Intensive correction orders—effect of suspension or cancellation on parole (a) the board decides to suspend or cancel an offender’s intensive correction order; 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.

72 Suspension or cancellation of intensive correction order—recommittal to full-time detention (1) This section applies if the board decides to suspend or cancel an offender’s intensive correction order. (2) The board must order that the offender be placed in the director-general’s custody to serve the relevant part of the offender’s sentence by imprisonment under full-time detention. Note See s 69 (Intensive correction order—effect of suspension or cancellation). (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 director-general’s custody. (4) The warrant must— (a) be in writing signed by the chair, or deputy 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

Division 5.6.3 Suspension and cancellation of intensive correction order

73 Cancellation of intensive correction order—offender may apply for order to be reinstated (1) This section applies if the board decides to cancel an offender’s intensive correction order. (2) On application by the offender, the board may order that the offender’s intensive correction order be reinstated if— (a) following the cancellation of the order, the offender has served at least 30 days of the offender’s sentence by imprisonment under full-time detention; and (b) the board— (i) is satisfied by information provided by the offender that the offender will comply with the offender’s intensive correction order obligations; and (ii) has considered an assessment by the director-general about whether an intensive correction order is suitable for the (3) If the board decides not to reinstate the offender’s intensive correction order, the offender must not make another application under this section within 6 months after the day the board makes the decision. (4) However, if the offender believes there are exceptional circumstances, the offender may apply to the board before the day mentioned in subsection (3). (5) The board may refuse an application under this section if— (a) satisfied the application is frivolous, vexatious or misconceived; or (b) the board decided not to reinstate the offender’s intensive correction order within the 6-month period before the application was made.

(6) To remove any doubt, if an offender’s intensive correction order is reinstated under this section, the period the offender served by imprisonment under full-time detention is taken to be part of the offender’s sentence of imprisonment by intensive correction.

Part 5.7 Intensive correction orders—amendment or discharge Part 5.7 Intensive correction orders— amendment or discharge 74 Court powers—amendment or discharge of intensive correction order (1) A court may, by order— (a) amend an offender’s intensive correction order; or (b) discharge an offender’s intensive correction order. Example—par (a) • impose an additional condition • amend a condition Note Amend includes omit or substitute (see Legislation Act, dict, pt 1). (2) The court may act under this part— (a) on referral by the board under section 64 (2) (d) (Board powers—breach of intensive correction order obligations); or (b) on application by an interested person. (3) However, if the court is acting on referral by the board under section 64 (2) (d), the court must consider any report given to the court by the board about the offender before making the order. (4) The amendment of the intensive correction order takes effect as stated in the court order. (5) This section is subject to section 75.

Intensive correction orders—amendment or discharge Part 5.7

75 Intensive correction orders—limitations on amendment or discharge (1) A court must not discharge an intensive correction order unless— (a) the court is satisfied that the offender has complied with the order; and (b) the offender has served at least 12 months of the offender’s sentence by intensive correction; and (c) the order is replaced with a— (i) suspended sentence order; and (ii) good behaviour order with core conditions. (2) Despite subsection (1) a court may, on application by the director-general or referral by the board under section 64 (2) (d), discharge an intensive correction order if— (a) the court is satisfied that the offender is unlikely to be able to serve the remainder of the order by intensive correction, having regard to— (i) the offender’s health; or (ii) any exceptional circumstances affecting the offender; and (b) the order is replaced with a— (i) suspended sentence order; and (ii) good behaviour order with core conditions. (3) A court must not amend the length of an intensive correction order.

Part 5.8 Intensive correction orders—reporting and records Part 5.8 Intensive correction orders— reporting and records 76 Record-keeping by director-general The director-general must keep data of— (a) each intensive correction order made in relation to an offender; and (b) the offence for which an order is made; and (c) each order that is cancelled, suspended or discharged including the reasons for the cancellation, suspension or discharge.

77 Authorised person may access data The director-general— (a) may allow a person, authorised in writing by the director-general, access to the data mentioned in section 76 for research, analysis and evaluation of intensive correction orders; but (b) must not allow access to the data in any form that would allow the identity of anyone taking part in an intensive correction order to be worked out.

Intensive correction orders—miscellaneous Part 5.9

Part 5.9 Intensive correction orders— miscellaneous

78 Intensive correction order proceedings—rights of interested person (1) An interested person for an intensive correction order may appear before a court in a proceeding under this chapter. (2) A court must— (a) give each interested person for an intensive correction order (whether or not the person appeared before the court)— (i) written notice of the court’s decision; and (ii) a copy of the order or direction by the court; and (b) hear any relevant submissions put to the court by an interested

78A Intensive correction order cancellation by court—official notice of sentence (1) This section applies if a court makes an order under section 65 (a cancellation order) cancelling an offender’s intensive correction (2) As soon as practicable (but no later than 10 working days) after the day the court makes the cancellation order, the court must ensure that written notice of the order, together with a copy of the order, is given to— (b) the director-general; and (c) if the court sets a nonparole period for any part of the remainder of the offender’s sentence—the secretary of the sentence administration board.

Part 5.9 Intensive correction orders—miscellaneous (3) The notice must include the following information: (a) when the period of full-time detention starts or is taken to have started; (b) when the period of full-time detention ends; (c) if a nonparole period is set for the period of full-time detention— the nonparole period and when it starts and ends; (d) the earliest day (on the basis of the information currently available to the court) that the offender will— (i) become entitled to be released from full-time detention; and (ii) if the offender’s sentence includes a nonparole period—be eligible to be released on parole. (4) Failure to comply with this section does not invalidate the cancellation order.

79 Intensive correction order—court and board powers after end of order A court or the board may act under this chapter in relation to anything arising during the term of an intensive correction order, even if the term of the order has ended.

80 Intensive correction orders—outstanding warrants— extension of sentence (1) This section applies if a warrant is issued for an offender’s arrest under this chapter. (2) This section also applies if a warrant is issued for an offender’s arrest under section 206 (2), because— (a) the offender failed to appear before the board in accordance with a notice under section 63 (Notice of inquiry—breach of intensive correction order obligations); or

Intensive correction orders—miscellaneous Part 5.9 (b) a judicial member of the board considers that an offender will not appear before the board in accordance with a notice under section 63. (3) For each period during which a warrant is outstanding and the offender is not in custody (an outstanding warrant period)— (a) the offender is taken not to perform their sentence by intensive correction; and (b) the term of the offender’s intensive correction order, and the term of the sentence, are automatically extended by the outstanding warrant period. in custody means— (a) remanded in custody under a territory law or a law of the (b) detained at a place under the Mental Health Act 2015.

Chapter 5A Drug and alcohol treatment

82 Application—ch 5A This chapter applies if the Supreme Court makes a drug and alcohol treatment order in relation to an offender.

Drug and alcohol treatment orders Chapter 5A Drug and alcohol treatment orders—undertaking treatment Part 5A.2 Part 5A.2 Drug and alcohol treatment orders—undertaking treatment

82A Drug and alcohol treatment order—drug and alcohol tests (1) The responsible director-general may direct an offender, orally or in writing, to give a test sample during the term of the offender’s drug and alcohol treatment order. health director-general—see the Crimes (Sentencing) Act 2005, responsible director-general means 1 or both of the following: (a) the health director-general; (b) the director-general responsible for this Act.

Part 5A.3 Drug and alcohol treatment orders—effect of cancellation Part 5A.3 Drug and alcohol treatment orders—effect of cancellation 82B Application—pt 5A.3 This part applies to a decision made by the Supreme Court under the following provisions of the Crimes (Sentencing) Act 2005: (a) section 80ZB (1) (e) provisionally cancelling the suspension of a sentence under a treatment order; (b) section 80ZB (1) (f), section 80ZD (4) (a) or section 80ZE (2) (a) cancelling the treatment order; (c) section 80ZB (1) (g), section 80ZD (4) (b) or section 80ZE (2) (b) cancelling the treatment order and resentencing the offender.

82C Drug and alcohol treatment order—effect of cancellation (1) This section applies to a decision of the court to suspend or cancel the offender’s drug and alcohol treatment order. (2) The decision takes effect as stated in the court order suspending or cancelling the drug and alcohol treatment order. (3) If the decision is to suspend the offender’s drug and alcohol treatment order, the offender— (a) must be imprisoned under full-time detention during the suspension; and (b) is taken to comply with the offender’s treatment order obligations while serving the full-time detention.

Drug and alcohol treatment orders Chapter 5A Drug and alcohol treatment orders—effect of cancellation Part 5A.3 (4) If the decision is to cancel the offender’s drug and alcohol treatment order, the cancellation ends the drug and alcohol treatment order and the offender must serve the remainder of the sentence of imprisonment— (a) by full-time detention until when the sentence of imprisonment suspended under the drug and alcohol treatment order would have ended apart from the cancellation; or (b) if the court orders otherwise—in accordance with the court’s

Part 5A.4 Drug and alcohol treatment orders—reporting and records Part 5A.4 Drug and alcohol treatment orders—reporting and records 82D Record-keeping by director-general The director-general must keep data of— (a) each drug and alcohol treatment order made in relation to an offender; and (b) the offence for which each treatment order is made; and (c) each treatment order that is cancelled, suspended or discharged including the reasons for the cancellation, suspension or discharge.

82E Authorised person may access data The director-general— (a) may authorise a person, in writing, to have access to the data mentioned in section 82D for research, analysis and evaluation of drug and alcohol treatment orders; but (b) must not allow access to the data in any form that would allow the identity of anyone who is the subject of a drug and alcohol treatment order to be worked out.

83 Application—ch 6 This chapter applies to an offender under a good behaviour order.

84 Definitions—ch 6 additional condition, of an offender’s good behaviour order, (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 86. good behaviour obligations, of an offender, means the offender’s obligations under section 85. good behaviour order—see the Crimes (Sentencing) Act 2005, section 13.

interested person, for an offender’s good behaviour order, means any (b) a surety under the order; (c) the director-general; (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.

85 Good behaviour obligations 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

86 Good behaviour—core conditions (1) The core conditions of an offender’s good behaviour order are as (c) if the offender’s contact details change—the offender must tell the director-general about the change as soon as possible, but within 2 days after the day the offender knows the changed details; Corrections Management Act 2007 in relation to the good behaviour order; (e) any test sample given by the offender under a direction under section 95 (Good behaviour orders—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 director-general’s approval;

(g) the offender must comply with any agreement made by the offender under section 105 (Good behaviour—agreement to attend court); (h) any condition prescribed by regulation that applies to the contact details means any of the following: (a) home address or phone number; (b) work address or 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 director-general’s supervision.

87 Good behaviour—director-general directions writing, to an offender.

88 Good behaviour order—end 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.

Part 6.2 Good behaviour—community

89 Application—pt 6.2 This part applies if an offender’s good behaviour order is subject to a community service condition.

90 Good behaviour orders—compliance with 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

91 Good behaviour orders—community service work— do community service work that the director-general considers (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); (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. Examples of reporting requirements directed by director-general 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 (4) A direction under this section takes effect— (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 director-general’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. Examples where offender cannot comply 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

92 Good behaviour orders—community service work— failure to report etc (1) Subsection (2) applies if an offender— (a) fails to report to do community service work in accordance with a direction under section 91; or (b) fails to do community service work in accordance with a direction under section 91; or (c) fails to comply with a reasonable direction given to the offender by the work supervisor under section 91 in relation to the community service work. (2) The director-general 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. (3) Subsection (4) applies if— (a) an offender fails to report to do community service work for a period (a work period) in accordance with a direction under section 91; and (b) the offender is at the time of the work period— (i) remanded in custody under a territory law or a law of the (ii) detained at a place under the Mental Health Act 2015. (4) The offender is taken to have performed community service work in accordance with the direction for the work period. (5) Subsection (6) applies if— (a) an offender fails to do community service work for a period (the unworked period) in accordance with a direction under section 91; and

(b) the director-general is satisfied the offender’s failure to do the community service work in accordance with the direction for the unworked period is because of circumstances preventing the work from being done, that were beyond the offender’s control. Examples—par (b) 1 community service work cannot be done because of the weather conditions 2 community service work cannot be done because of unforeseeable absence of supervising staff (6) The director-general may direct that the offender is taken to have done the community service work in accordance with the direction for a period that is not more than the unworked period. (7) However, before making a direction under subsection (6), the (a) consider the purposes of sentencing under the Crimes (Sentencing) Act 2005, section 7; and (b) be satisfied the total period the offender is taken to have done community service work during all unworked periods is not more than— (i) 8 hours in a week; or (ii) 10% of the total number of hours of community service work required to be performed by the offender.

93 Good behaviour orders—community service work— maximum daily hours (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 91, is counted; and (b) if the total work time on any day includes part of an hour—that part is counted as 1 hour. Examples of maximum daily hours 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.

93A Good behaviour orders—community service work— therapy and education program limit Participation in a program for therapy or education must not make up more than 25% of the total number of hours of community service work required to be performed by an offender subject to a community service condition under a good behaviour order.

94 Good behaviour orders—community service work— health disclosures An offender must tell the director-general 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.

95 Good behaviour orders—community service work— alcohol and drug tests give a test sample when reporting to do community service work.

96 Good behaviour orders—community service work—frisk searches submit to a frisk search when reporting to do community service searches apply, with any necessary changes, in relation to a direction under this section and any frisk search conducted under the direction.

97 Good behaviour orders—community service work— reports by entities entity under which the offender may participate in community service work for the entity. written reports about the offender’s participation in the community service work.

Good behaviour—rehabilitation programs Part 6.3 Part 6.3 Good behaviour—rehabilitation programs

98 Application—pt 6.3 This part applies if an offender’s good behaviour order is subject to a rehabilitation program condition.

99 Good behaviour orders—compliance with rehabilitation program condition To comply with a rehabilitation program condition of an offender’s good behaviour order, the offender must comply with the

100 Good behaviour orders—rehabilitation programs— (1) The director-general 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 (a) the program the offender must attend; (b) the place to which the offender must report for the program; (d) the person (if any) to whom the offender must report.

Part 6.3 Good behaviour—rehabilitation programs

101 Good behaviour orders—rehabilitation program providers—reports by providers entity under which an offender may participate in a rehabilitation program provided by the entity. written reports about the offender’s participation in the rehabilitation program.

Good behaviour—supervision Part 6.4

102 Good behaviour—breach of good behaviour obligation grounds that an offender has breached any of the offender’s good behaviour obligations (a reportable breach). (2) The corrections officer must, in writing— (a) make a record of the reportable breach; and (b) report the reportable breach to the sentencing court. (3) However, other than for a reportable breach the conduct of which could constitute an offence, the corrections officer— (a) need not report the reportable breach to the sentencing court; and (b) may instead warn the offender about the reportable breach, and that further reportable breaches may be reported to the (4) A report under subsection (2) and a warning under subsection (3) must— (a) be recorded in writing; and (b) include the grounds for believing there has been a breach; and (c) for a report under subsection (2)—include a summary of any reportable breach for which the offender has previously been warned and an explanation of why the warning was given; and (d) for a warning under subsection (3)—comply with the guidelines under subsection (5). (5) The director-general must make guidelines about when a corrections officer may warn an offender about a reportable breach.

(6) The guidelines must set out— (a) the matters a corrections officer must consider before warning an offender; and (b) procedures about how and when a corrections officer may warn an offender; and (c) the circumstances in which a corrections officer must report a reportable breach to the sentencing court. (7) A guideline is a notifiable instrument. Note Power to make a guideline includes power to make different provision in relation to different matters or different classes of matters, and to make a guideline that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). Note For other young offenders, see s 320G (Young offenders—breach of good behaviour obligations).

103 Arrest without warrant—breach of good behaviour grounds, that an offender has breached any of the offender’s good behaviour obligations.

Good behaviour—supervision Part 6.4 (3) If the police officer arrests the offender, the police officer must, as (a) the sentencing court; or (b) if the sentencing court is not sitting—a magistrate.

104 Arrest warrant—breach of good behaviour obligations etc 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 105 (Good behaviour— agreement to attend court); or (ii) a summons under section 106 (Good behaviour— summons to attend court). (d) order the offender’s arrest and bringing the offender before the

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

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

106 Good behaviour—summons to attend court (1) This section applies if information alleging that an offender has breached any of the offender’s good behaviour obligations is before the offender’s sentencing court. (2) The sentencing court may issue a summons directing the offender to appear before the court to be dealt with under this part. (3) The registrar of the sentencing court must ensure that a copy of the summons is given to each interested person for the good behaviour

107 Offence committed while under 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 dealt with under this part for breach of the offender’s good behaviour (3) For subsection (2), a magistrate may remand the offender in custody until the offender can be brought before the Supreme Court.

108 Court powers—breach of good behaviour obligations (a) a court is satisfied an offender has breached any of the offender’s good behaviour obligations; and (b) section 110 (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: offender’s good behaviour obligations;

(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. Examples for par (d) impose or amend an additional condition of the order, or amend the term of the (3) If the court cancels the good behaviour order, the court must— (a) if section 109 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 113 (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.

109 Cancellation of good behaviour order made as non-conviction order (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 108. (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.

110 Cancellation of good behaviour order with suspended sentence order (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 intensive correction. (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.

111 Enforcing security under good behaviour order (1) This section applies if a court cancels the offender’s good behaviour order under section 108, or section 110, 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.

Part 6.6 Good behaviour orders—amendment and discharge Part 6.6 Good behaviour orders— amendment and discharge 112 Court powers—amendment or discharge of good behaviour order (1) A court may, by order— (a) amend an offender’s good behaviour order; or (b) discharge an offender’s good behaviour order. Example for par (a) The court may impose or amend an additional condition of the order, or amend the term of the order. Example for par (b) The court is satisfied that the conduct of the offender makes it unnecessary that the offender continue to be bound by the order. Note Amend includes omit or substitute (see Legislation Act, dict, pt 1). (2) The court may act under this part— (b) on application by an interested person for the good behaviour (3) The amendment of the good behaviour order takes effect as stated in the court order. (4) This section is subject to section 113.

113 Good behaviour orders—limitations on amendment or (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

Good behaviour orders—amendment and discharge Part 6.6 (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.

114 Good behaviour orders—effect of amendment on sureties (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.

115 Good behaviour proceedings—rights of interested person (1) An interested person for a good behaviour order may appear before a court in a proceeding under this chapter. (2) A court must give each interested person for a good behaviour order (whether or not the person appeared before the court)— (a) written notice of the court’s decision; and (b) a copy of any order or direction by the court.

116 Good behaviour—court powers after end of order A court may act under this chapter in relation to anything arising during the term of a good behaviour order, even if the term of the order has ended.

General Part 6A.1

116A Definitions—ch 6A administrative fee means the administrative fee mentioned in section 116G. default—a person defaults in paying a fine (or any relevant administrative fee in relation to the fine) if the person fails to pay any part of the amount payable by— (a) the due date stated in the relevant penalty notice; or (b) if a default notice has been issued in relation to the fine—the date stated in the default notice; or (c) if the person has an arrangement approved under section 116K for the fine—the date required under the arrangement. default notice means a notice in force under section 116H and includes any variation under section 116K. earnings redirection order—see section 116Y (2). enforcement officer means— (a) the sheriff, a deputy sheriff or a sheriff’s assistant under the Supreme Court Act 1933; or (b) a person appointed by the director-general as an enforcement officer for this chapter. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

examination hearing means an examination hearing under section 116T. examination notice—see section 116P. examination warrant—see section 116R. fine means— (a) a fine payable under a fine order under the Crimes (Sentencing) Act 2005; or (b) a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence; or (c) costs payable to the Territory under a court order in a proceeding for an offence; or (d) a victims financial assistance levy imposed under the Victims of Crime (Financial Assistance) Act 2016; or (e) a victims services levy imposed under the Victims of Crime Act 1994; or (f) an amount payable under a reparation order under the Crimes (Sentencing) Act 2005 to— (i) the Territory; or (ii) a person in relation to whom a reparation order agreement mentioned in section 116ZQ is in force; or (g) a financial penalty imposed, other than under the Crimes (Sentencing) Act 2005, in relation to an offence. fine defaulter means a person who defaults in paying a fine (or any relevant administrative fee in relation to the fine). fine enforcement order means an order of the Magistrates Court under section 116X for the enforcement of a fine.

General Part 6A.1 outstanding fine, in relation to a person, means the total of— (a) the whole or any part of a fine that the person is liable to pay; and (b) the whole or any part of an administrative fee that the person is liable to pay in relation to the fine. penalty notice means a notice in force under section 116C and includes any variation under section 116K. property seizure order—see section 116ZA. registrar means the registrar of the Magistrates Court and includes a deputy registrar of the court. reminder notice means a notice mentioned in section 116J. territory entity—see the Auditor-General Act 1996, dictionary. voluntary community work order—see section 116ZE. young fine defaulter means a fine defaulter who was under 18 years old when the offence to which the fine relates was committed.

116B Payment of fine A fine is payable under this chapter to the Territory (through the registrar or the director-general).

Part 6A.2 Penalty notices, default notices and payment arrangements

116C Registrar to send penalty notice (1) If an offender is liable to pay a fine as a result of a conviction or order by the Supreme Court— (a) the registrar of the Supreme Court must give the registrar a copy of the conviction or order; and (b) the registrar must give the offender a penalty notice for the fine. (2) If an offender is liable to pay a fine as a result of a conviction or order by the Magistrates Court, the notice of the conviction or order required by the Magistrates Court Act 1930, section 116I (Consequences of conviction in absence of defendant) or section 141 (1) (b) (Minute of decision and notice to defendant) must contain a penalty notice for the fine. Note More than 1 penalty notice may be given to an offender as a result of a conviction or order by the Supreme Court or Magistrates Court. For example, a penalty notice may be given in relation to a fine payable under a fine order under the Crimes (Sentencing) Act 2005 in relation to the conviction or order and another penalty notice may be given in relation to a victims services levy imposed under the Victims of Crime Act 1994 in relation to the same conviction or order. (3) A penalty notice for a fine must— (a) state the amount of the fine and the due date for payment; and (b) if the fine is payable by instalments—specify the amount of each instalment; and (c) state that if the fine or any instalment is not paid by the due date for payment the offender is liable for the administrative fee under section 116G in addition to the outstanding amount of the fine; and

(d) state that, under section 116K, the director-general may, on written application made before the due date for payment, approve an alternative arrangement about payment of the fine; and (e) state the obligation to notify the registrar of the offender’s contact details, and any change of contact details, under section 116D. Note A penalty notice may be varied under s 116K (Payment arrangements).

116D Offender to give registrar contact details (1) An offender on whom a fine is imposed must give the registrar their contact details within 7 days after the day the fine is imposed. (2) An offender who is liable to pay a fine and who changes their contact details before the fine and any relevant administrative fee are paid must give the registrar their new contact details within 7 days after the day the change happens. (3) An offender who is liable to pay a fine must give the registrar evidence of their contact details if required to do so by the registrar. (4) Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). contact details, for an offender, means the following details: (a) home address; (b) postal address;

(c) email address (if any); (d) home phone number (if any); (e) mobile phone number (if any).

116E Registrar may ask other people for offender’s contact details (1) The registrar may, in writing, ask a relevant person to give the registrar any contact details that they hold for a stated offender who is liable to pay a fine. (2) The relevant person must comply with the request as far as contact details, for an offender—see section 116D (5). relevant person means— (a) the chief police officer; or (b) the housing commissioner; or (c) the chief executive (however described) of— (i) an administrative unit; or (ii) Icon Water Limited; or (iii) a territory entity prescribed by regulation.

116F Doubtful service (a) a document has been served on an offender for this chapter otherwise than by personal service; and

(b) the registrar is satisfied that— (i) the document has not come to the knowledge of the offender; or (ii) doubt exists whether the document has come to the knowledge of the offender. (2) The registrar must not take any further action under this chapter in relation to the offender unless— (a) the document has been served again on the offender in the way the registrar considers appropriate; and (b) the registrar is satisfied that the document has come to the knowledge of the offender.

116G Liability for administrative fee If any part of a fine payable by an offender remains unpaid after the due date stated in the penalty notice for the fine, the offender is liable to pay to the Territory, in addition to the amount of the fine that remains unpaid, the administrative fee determined under the Court Procedures Act 2004, part 3 (Court and tribunal fees).

116H Default notice (1) If an offender defaults in paying a fine, the director-general must send the fine defaulter a default notice. (2) However, the director-general must not send the default notice to the fine defaulter until 28 days after the due date for payment of the fine. (3) The default notice must be sent to the fine defaulter’s last-known postal address or email address.

116I Form of default notice (1) A default notice must include the following: (a) details about the fine to which the notice relates including the (i) the offence for which the fine was imposed; (ii) the date on which the fine was imposed; (iii) the amount of the fine imposed; (iv) the due date for payment of the fine; (v) if the fine was ordered to be paid by instalments—the due dates for payment; (vi) the outstanding amount of the fine; (vii) the administrative fee payable for the fine; (viii) the default to which the notice relates; (b) a statement that an arrangement for the fine defaulter to pay the fine may, on application, be approved by the director-general under section 116K; (c) a statement that the director-general will commence fine enforcement action against the defaulter if— (i) the fine and administrative fee is not paid in full; and (ii) an arrangement is not approved under section 116K for the fine or, if an arrangement is approved, the defaulter fails to comply with the arrangement; (d) a list of the following fine enforcement measures that may or must be imposed on the defaulter if the director-general commences fine enforcement action: (i) suspension of the defaulter’s driver licence;

(ii) if the defaulter is the responsible person (or a responsible person) for a vehicle—suspension of the vehicle’s registration; (iii) an order allowing the outstanding amount of the fine to be deducted from the defaulter’s earnings or account with a financial institution or both; (iv) seizure and sale of the defaulter’s property; (v) a voluntary community work order; (vi) imprisonment; (e) a statement of the obligation of the defaulter to notify the registrar of any change of contact details under section 116D. (2) The director-general may specify in a default notice particulars about a fine defaulter’s property or financial circumstances that must be set out in any application by the defaulter for approval of an arrangement under section 116K. Note A default notice may be varied under s 116K (Payment arrangements). responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10 and section 11.

116J Reminder notice (1) The director-general must send a reminder notice to a fine defaulter 14 days after sending a default notice to the defaulter if— (a) the outstanding fine has not been paid; and (b) no arrangement has been approved under section 116K for the fine or, if an arrangement has been approved, the defaulter failed to comply with the arrangement. (2) The reminder notice must be sent to the fine defaulter’s last-known postal address or email address.

116K Payment arrangements (1) The director-general may, on application, approve in writing an arrangement for— (a) further time for the payment of all or part of an outstanding fine; or (b) payment of all or part of an outstanding fine by instalments. (2) An arrangement under subsection (1) may also be made for an amount that is overdue for payment under a previous approved arrangement. (3) To the extent to which an approved arrangement is inconsistent with an order about payment of the fine made by the court that imposed it, the arrangement prevails. (4) An application for approval of an arrangement must— (a) be in writing; and (b) state the grounds on which it is made; and (c) be given to the director-general by the due date for payment stated in the current penalty notice or default notice for the fine; and (d) for an offender to whom a default notice has been sent—contain any particulars requested by the director-general in the notice. (5) An offender may not make an application under this section in relation to a fine if the offender is subject to a voluntary community work order, or committed to imprisonment, in relation to the fine. (6) If an approval of an arrangement concerns a fine for which a penalty notice or default notice has been given to an offender, the (a) vary the current penalty notice or default notice in accordance with the approval; and (b) give the offender a copy of the notice as varied.

Reporting fine defaulters Division 6A.3.1

Division 6A.3.1 Reporting fine defaulters

116L Application—pt 6A.3 This part applies if— (a) a default notice and reminder notice have been sent to a fine defaulter in relation to a fine; and (b) 28 days after the default notice was sent— (i) the outstanding fine has not been paid; and (ii) no arrangement has been approved under section 116K for the fine or, if an arrangement has been approved, the defaulter has failed to comply with the arrangement.

116M Director-general to notify road transport authority (1) The director-general must give written notice to the road transport authority with the following information: (a) the fine defaulter’s name, home address and date of birth; (b) the offence for which the defaulter was convicted; (c) the amount of the fine imposed for the offence; (d) a statement that the fine and administrative fee for the fine have not been paid in full; (e) if the defaulter has failed to comply with an arrangement approved under section 116K for the fine—a statement to that effect. (2) The director-general must give the road transport authority written notice if— (a) the outstanding fine is paid; or

(b) the director-general approves an arrangement under section 116K for payment of the outstanding fine; or (c) the outstanding fine is remitted under section 116ZO (Remission of fine by director-general) or section 313 (Remission of penalties); or (d) the outstanding fine is discharged because the fine defaulter has completed a voluntary community work order under division 6A.3.7 or served a period of imprisonment under an order under division 6A.3.8; or (e) the conviction or order that gave rise to the liability to pay the fine is quashed or set aside. Division 6A.3.2 Examining fine defaulter’s financial circumstances

116O Examination by director-general The director-general may conduct an examination of a fine defaulter under this division to determine— (a) the financial position of the defaulter; and (b) what fine enforcement action (if any) should be taken against the defaulter.

116P Examination notice (1) The director-general may serve a notice (an examination notice) on a fine defaulter if the director-general considers that information in documents sought under the notice would assist the director-general to make a determination under section 116O. Note The Legislation Act, pt 19.5, deals with service of documents on individuals and corporations.

(2) An examination notice may require the fine defaulter to produce to the director-general, within 14 days after the date of the notice and at a time and place stated in the notice, a document or documents stated in the notice. (3) The director-general may allow the fine defaulter to satisfy the requirement to produce a document by providing oral information about any document required to be produced under the notice. (4) An examination notice in relation to a fine must not be served on a fine defaulter if the defaulter would be required to comply with the notice within 6 months after having complied with an earlier examination notice for the same fine.

116Q Examination notice—content An examination notice may require the fine defaulter to produce a document with 1 or more of the following: (a) details about any account the defaulter has with a financial institution, including the balance of the account; (b) details about the defaulter’s income; (c) details about any cash the defaulter possesses or has access to; (d) details about any other property the defaulter owns or has a legal or equitable interest in; (e) details about any debts owing to the defaulter; (f) the amount of money the defaulter reasonably needs for living expenses; (g) whether the defaulter has any dependents and, if so, the amount of money the defaulter needs to provide for them; (h) the hardship (if any) that would be caused to the defaulter as a result of paying the fine;

(i) the hardship (if any) that would be caused to anyone else as a result of the defaulter paying the fine; (j) relevant information relating to matters mentioned in this section.

116R Examination warrant—issue (1) If the director-general believes on reasonable grounds that a fine defaulter served with an examination notice has not complied with the notice, the director-general may apply to the registrar for a warrant (an examination warrant) for the arrest of the defaulter. (2) The registrar may refuse to consider the application until the director-general gives the registrar all the information the registrar requires about the application in the way the registrar requires. (3) The registrar may issue an examination warrant for a fine defaulter only if satisfied that the defaulter was served with an examination notice under section 116P and— (a) the defaulter, without reasonable excuse, failed to comply with a requirement of the notice; or (b) the defaulter— (i) provided information that was false or misleading in a material particular; or (ii) omitted something without which the information was misleading. (4) An examination warrant authorises an enforcement officer to— (a) arrest the fine defaulter named or otherwise described in the (b) bring the defaulter before the registrar.

116S Examination warrant—contents and execution (1) An examination warrant must— (a) name or otherwise describe the fine defaulter whose apprehension is authorised by the warrant; and (b) state briefly the reason for its issue; and (c) require an enforcement officer to arrest the defaulter and bring him or her before the registrar to be examined at an examination hearing; and (d) be expressed to end not later than 3 months after the day it is issued. (2) An enforcement officer executing the warrant— (a) may, with necessary assistance and force, enter any premises to arrest the fine defaulter named or otherwise described in the (b) must use not more than the minimum amount of force necessary to arrest the defaulter and remove him or her to the place stated in the warrant; and (c) may ask a police officer to help in the exercise of the enforcement officer’s powers under the warrant; and (d) must, before removing the defaulter, explain to him or her the purpose of the warrant; and (e) must bring the defaulter immediately before the registrar; and (f) if the defaulter is under a legal disability—must tell a parent or guardian of the defaulter about the arrest; and (g) must tell the director-general of the defaulter’s arrest. (3) A police officer asked by an enforcement officer to help execute the warrant must give the enforcement officer the reasonable help the enforcement officer requires, if it is practicable to give the help.

(4) The enforcement officer must immediately release a fine defaulter arrested under an examination warrant if the officer believes on reasonable grounds that the defaulter— (a) has, before or after being arrested, complied with the requirements of the examination notice that gave rise to the examination warrant; or A defaulter may comply with an examination notice requirement after being arrested if someone else helps the defaulter to comply with the requirement while the defaulter is under arrest. (b) cannot be brought immediately before the registrar. (5) An examination warrant continues in force until whichever of the following happens first: (a) the warrant is executed; (b) the warrant is set aside by the registrar and the enforcement officer is told that the warrant has been set aside; (c) the end of 3 months after the day the warrant is issued. (6) For subsection (5) (a), a warrant is executed when— (a) the fine defaulter has been brought before the registrar and examined under section 116T; or (b) the examination is adjourned to another day.

116T Examination hearing before registrar (1) This section applies if an examination warrant for a fine defaulter has been issued and— (a) the defaulter has been brought before the registrar on the warrant; or (b) otherwise attends before the registrar.

(2) The registrar must— (a) set a date for an examination hearing and, by subpoena, require the fine defaulter to attend before the registrar, at the time and place stated in the subpoena— (i) to answer questions and give information; and (ii) to produce the documents or other things (if any) stated in the subpoena; and (b) conduct the examination hearing to determine the financial position of the defaulter. (3) The registrar may adjourn an examination hearing from time to time and may, by order, require the fine defaulter to attend an adjourned examination hearing. (4) The director-general is a party to any proceeding conducted under this section. (5) If the director-general has been told the date, time and place for the examination hearing, or adjourned examination hearing, but does not attend before the registrar, the registrar may— (a) set aside the order for the examination hearing; or (b) conduct the examination in the absence of the director-general. (6) At an examination hearing, the fine defaulter may— (a) be examined orally on oath about— (i) the assets, liabilities, expenses and income of the defaulter; and (ii) any other means the defaulter has of satisfying the outstanding fine; and (iii) the defaulter’s financial circumstances generally; and Note Oath includes affirmation (see Legislation Act, dict, pt 1).

(b) be required, by order, to produce any document substantiating anything relevant to— (i) the assets, liabilities, expenses and income of the defaulter; and (ii) any other means the defaulter has of satisfying the outstanding fine; and (iii) the defaulter’s financial circumstances generally. (7) The examination hearing— (a) must be conducted by the registrar; and (b) may be conducted in open court or in the absence of the public as the registrar directs. (8) An examination hearing before the registrar is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note The Magistrates Court Act 1930, s 307 deals with contempt of the Magistrates Court.

116U Examination hearing warrant—issue (a) a fine defaulter is required to attend an examination hearing, including an adjourned examination hearing; and (b) the defaulter fails to attend the hearing as required by the order. (2) The registrar may issue a warrant (an examination hearing warrant) ordering an enforcement officer to apprehend the fine defaulter and bring the defaulter before the registrar to be examined at the examination hearing if the registrar— (a) is satisfied that the defaulter was aware that he or she was required to attend the hearing; and (b) considers that the defaulter does not have a reasonable excuse for not attending the hearing.

(3) The registrar may issue the examination hearing warrant on application by the director-general or on the registrar’s own initiative. (4) A fine defaulter apprehended under an examination hearing warrant must be brought before the registrar to be examined at an examination hearing.

116V Examination hearing warrant—contents and execution (1) An examination hearing warrant must— (a) name or otherwise describe the fine defaulter whose apprehension is authorised by the warrant; and (b) state briefly the reason for its issue; and (c) require an enforcement officer to arrest the defaulter and bring him or her before the registrar to be examined at an examination hearing; and (d) be expressed to end not later than 3 months after the day it is issued. (2) An enforcement officer executing the warrant— (a) may, with necessary assistance and force, enter any premises to arrest the fine defaulter named or otherwise described in the (b) must use not more than the minimum amount of force necessary to arrest the defaulter and remove him or her to the place stated in the warrant; and (c) may ask a police officer to help in the exercise of the enforcement officer’s powers under the examination hearing (d) must, before removing the defaulter, explain to him or her the purpose of the warrant; and (e) must bring the defaulter immediately before the registrar; and

(f) if the defaulter is under a legal disability—must tell a parent or guardian of the defaulter about the arrest; and (g) must tell the director-general of the defaulter’s arrest. (3) A police officer asked by an enforcement officer to assist in executing the warrant must give the enforcement officer the reasonable help the enforcement officer requires, if it is practicable to give the help. (4) An examination hearing warrant continues in force until whichever of the following happens first: (a) the warrant is executed; (b) the warrant is set aside by the registrar and the enforcement officer is told that the warrant has been set aside; (c) the end of 3 months after the date the warrant is issued. (5) For subsection (4) (a), a warrant is executed when— (a) the fine defaulter has been brought before the registrar and examined under section 116T; or (b) the examination is adjourned to another day.

116W Director-general may apply for fine enforcement order (1) The director-general may apply to the Magistrates Court for a fine enforcement order against a fine defaulter. (2) An application by the director-general under this section must include (a) a statement setting out the grounds of the application including— (i) the reasons why the director-general considers the order would not be unfair or cause undue hardship to the fine defaulter or any other person affected by the order; and

Fine enforcement orders—general Division 6A.3.3 (ii) if the director-general seeks a particular fine enforcement order—the reasons why the director-general seeks the order; (b) an affidavit from the director-general setting out— (i) details of the offence for which the fine forming the basis of the application was imposed; and (ii) details of the steps taken by the director-general to tell the fine defaulter about the default; and (iii) if any oral information about the defaulter’s financial circumstances was given to the director-general under an examination notice—the information given; (c) if any documents were produced to the director-general under an examination notice—the documents; (d) if the defaulter appeared at an examination hearing, the following information: (i) if the defaulter produced any documents—the documents; (ii) if the defaulter gave oral evidence—a transcript of the evidence.

116X Magistrates court may make fine enforcement order (1) The Magistrates Court may, on application by the director-general, make a fine enforcement order against a fine defaulter if the court is satisfied that— (a) the order would not be unfair or cause undue hardship to the defaulter or any other person affected by the order; and Example—other person affected a dependent of the defaulter (b) it is otherwise in the interests of justice to make the order.

(2) A fine enforcement order may contain 1 or more of the following orders: (a) an earnings redirection order; (b) a financial institution deduction order; (c) a property seizure order. (3) For subsection (1) (a) and (b), the court must have regard to information the court has about any of the following: (a) the defaulter’s income; (b) the defaulter’s assets; (c) the defaulter’s equitable interest in property; (d) any debts payable to the defaulter; (e) any other means the defaulter has of satisfying the outstanding fine; (f) the defaulter’s reasonable living expenses, including the reasonable living expenses of anyone dependent on the defaulter; (g) the need to give effect to the considerations of specific and general deterrence that formed part of the decision of the sentencing court that imposed the fine on the defaulter; (h) whether the defaulter has knowingly attempted to misrepresent his or her financial affairs to evade payment of the fine; (i) any other relevant matter. (4) The court may make a fine enforcement order against a fine defaulter in the absence of, and without notice to, the defaulter.

Fine enforcement orders—earnings redirection orders Division 6A.3.4 Division 6A.3.4 Fine enforcement orders—earnings redirection orders

116Y Fine enforcement order—earnings redirection order earnings, of a fine defaulter, means any of the following that are owing or accruing to the defaulter: (a) wages or salary, including, for example, any allowance, bonus, commission, fee, overtime pay or other amount received under a contract of employment; (b) an amount that, although not payable under a contract of employment, is analogous to or in the nature of wages or salary, including, for example, an amount received under a contract for services; (c) any other amount received, or the value of any benefit gained, as compensation for services or profit arising from a contract of employment, contract for services or position; (d) a pension, benefit or similar payment; (e) an annuity; (f) an amount payable instead of leave; (g) retirement benefit. employer, of a fine defaulter, means a person who, as principal, rather than as employee or agent, pays, or is likely to pay, earnings to the defaulter.

Division 6A.3.4 Fine enforcement orders—earnings redirection orders (2) The court may make an order (an earnings redirection order) directing the employer of a fine defaulter mentioned in the order to deduct an amount from the defaulter’s earnings, in the form of a lump sum or instalments, and pay the amount in accordance with the order. (3) For each payday while an earnings redirection order is in force, the employer— (a) must deduct from the defaulter’s earnings the amount stated in the order and pay it to the registrar; and (b) may deduct from the defaulter’s earnings a reasonable administration charge and keep it as a contribution towards the administrative cost of making payments under the order; and (c) must give the defaulter a notice detailing the deductions. (4) Any charge deducted by an employer under subsection (3) (b) must not be more than— (a) if the employer has an amount the employer usually charges employees for making a periodic payment—that amount; or (b) otherwise—an amount that covers the employer’s costs and expenses of complying with the order. (5) An employer commits an offence if, because of an earnings redirection order against a fine defaulter, the employer does any of (a) dismisses the defaulter; (b) changes the defaulter’s position to the defaulter’s disadvantage; (c) discriminates against the defaulter. Maximum penalty: 20 penalty units.

Fine enforcement orders—financial institution deduction orders Division 6A.3.5 Division 6A.3.5 Fine enforcement orders—financial institution deduction orders