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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.