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Crimes (Sentencing) Act 2005
80DIntensive correction order—community service—
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80D Intensive correction order—community service—
(1) The court must not include a community service condition in the
intensive correction order unless an intensive correction assessment
that addresses whether a community service condition is suitable for
the offender is given to the court.
(2) In deciding whether to include a community service condition in the
intensive correction order, the court must consider the following:
(3) Subsection (2) does not limit the matters the court may consider.
(4) In considering the intensive correction assessment, the court must
consider any of the following indicators of unsuitability that are stated
in the assessment to apply to the offender:
(a) any major problem with alcohol or a controlled drug;
(b) any major psychiatric or psychological disorder;
(c) any serious criminal record;
(d) any potential impracticability of regular reporting for
community service work;
Intensive correction orders—community service conditions Division 5.4.2
(e) any potential unfitness to perform community service work.
(5) The court may include, or decline to include, a community service
condition in an intensive correction order for the offender despite—
(a) any recommendation in the intensive correction assessment
about the offender’s suitability to serve a sentence (or a part of
a sentence) by performing community service work; or
correction assessment or a corrections officer.
(6) The court must record reasons for its decision to include, or decline
to include, a community service condition in the intensive correction
order if the intensive correction assessment recommends that the
offender—
(a) is suitable but the court decides not to include a community
service condition; or
(b) is not suitable but the court decides to include a community
service condition.