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Crimes (Sentencing) Act 2005
97Good behaviour orders—rehabilitation programs—
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97 Good behaviour orders—rehabilitation programs—
good behaviour order unless—
(a) a pre-sentence report is given to the court about the offender’s
suitability to take part in a rehabilitation program; or
(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 good behaviour order.
Example of relevant sentencing information that may justify making an
a letter offering the offender a place in a rehabilitation program that explains
the nature of the program and why it would be suitable for the offender
(2) In deciding whether to include a rehabilitation program condition in
the good behaviour order, the court must consider the following:
the offender given to the court;
report for the offender or who gave relevant sentencing
(4) The court may include, or decline to include, a rehabilitation program
condition in the good behaviour order despite—
relevant sentencing information, about the offender’s suitability
to serve a sentence (or a part of a sentence) by taking part in a
rehabilitation program; or
pre-sentence report for the offender or who gave relevant
(c) any evidence given by a corrections officer.
(5) The court must record reasons for its decision to include, or decline
to include, a rehabilitation program condition in the good behaviour
(a) any pre-sentence report recommends, or relevant sentencing
information indicates, that the offender is suitable but the court
decides not to include a rehabilitation program condition; or
(b) any pre-sentence report recommends, or relevant sentencing
information indicates, that the offender is not suitable but the
court decides to include a rehabilitation program condition.
(6) Failure to comply with subsection (5) does not invalidate the good
Good behaviour orders—rehabilitation program conditions Part 6.2