Crimes (Sentencing) Act 2005
80JIntensive correction orders—rehabilitation programs—
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80J Intensive correction orders—rehabilitation programs— intensive correction order unless— (a) an intensive correction assessment that addresses whether a rehabilitation program condition is suitable for the offender is given to the court; or
Division 5.4.3 Intensive correction orders—rehabilitation program conditions (b) there is some other information (relevant sentencing information) before the court about the nature of the program and its suitability for the offender that justifies including the condition in the intensive correction order. Note For an example of relevant sentencing information, see s 97 (1) (b) (Good behaviour orders—rehabilitation programs—suitability). (2) In deciding whether to include a rehabilitation program condition in the intensive correction order, the court must consider the following: (4) The court may include, or decline to include, a rehabilitation program condition in the intensive correction order despite— (a) any recommendation in the intensive correction assessment about the offender’s suitability to serve a sentence (or part of a sentence) by taking part in a rehabilitation program; or correction assessment for the offender or who gave relevant (c) any evidence given by a corrections officer. (5) The court must record reasons for its decisions to include, or decline to include, a rehabilitation program 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 rehabilitation program condition; or
Intensive correction orders—rehabilitation program conditions Division 5.4.3 (b) is not suitable but the court decides to include a rehabilitation program condition.