38Conditions of HRO order or interim HRO order

### 38 Conditions of HRO order or interim HRO order > > (1)  The Supreme Court must specify the following conditions in an HRO order, or an interim HRO order, in relation to an offender: > > > > > > (a) a condition that the offender must not, during the operational period of the order, commit an offence that is punishable by imprisonment; > > > > > > > (b) a condition that the offender must report, on or before a day specified in the order, to a probation officer at the place specified in the order; > > > > > > > (c) a condition that the offender must, during the operational period of the order, report to a probation officer as required by the probation officer; > > > > > > > (d) a condition that the offender must, during the operational period of the order, reside at premises approved by a probation officer; > > > > > > > (e) a condition that the offender must, during the operational period of the order, permit a police officer to enter the premises at which the offender resides; > > > > > > > (f) a condition that the offender must, during the operational period of the order, permit a police officer to – > > > > > > > > > > (i) conduct a search of the premises at which the offender resides; and > > > > > > > > > > > (ii) conduct a frisk search, within the meaning of the [Search Warrants Act 1997](/view/html/inforce/2026-04-12/act-1997-034) , of the offender, at the premises at which the offender resides or at any other place or premises; and > > > > > > > > > > > (iii) take a sample of a substance found on the premises at which the offender resides or on the person of the offender; > > > > > > > (g) a condition that the offender must comply with any reasonable and lawful directions of a police officer, probation officer or prescribed officer, including any directions as to the kind of employment, or the place of employment, of the offender; > > > > > > > (h) a condition that the offender must, during the operational period of the order, if directed by a probation officer to engage in a personal development activity, counselling or treatment, engage in the activity, counselling, or treatment, in accordance with any directions given by the probation officer; > > > > > > > (i) a condition that the offender must not leave the State except with the approval of the DCS; > > > > > > > (j) a condition that the offender must, during the operational period of the order, submit to the supervision of a probation officer or prescribed officer as required by the probation officer or prescribed officer. > > > (2)  The Supreme Court may specify any one or more of the following conditions in an HRO order, or an interim HRO order, in relation to an offender: > > > > > > (a) a condition that the offender must, during the operational period of the order, during the times, specified in the order, of the days of the week specified in the order, be at premises approved by a probation officer, except if the offender is not, for a relevant reason, at the premises; > > > > > > > (b) a condition that the offender must, during all of the operational period of the order or such periods, within the operational period, as are determined from time to time by the Supreme Court, submit to electronic monitoring, including by wearing or carrying an electronic device; > > > > > > > (c) a condition that if the offender is, in accordance with [paragraph (b)](#GS38@Gs2@Hpb@EN) , required to submit to electronic monitoring – > > > > > > > > > > (i) the offender must not remove, tamper with, damage or disable any device used for the purpose of the electronic monitoring; and > > > > > > > > > > > (ii) the offender must comply with all reasonable and lawful directions given to the offender in relation to the electronic monitoring; > > > > > > > (d) if the order is subject to a condition under [paragraph (f)](#GS38@Gs2@Hpf@EN) or [(g)](#GS38@Gs2@Hpg@EN) , a condition that the offender must, during the operational period of the order, when directed to do so by a police officer, probation officer or prescribed officer, submit to a breath test, urine test, or other test, for the presence of alcohol, an illicit drug or medication; > > > > > > > (e) a condition that the offender must, during the operational period of the order, appear before the Court at the places, days and times, that the Court specifies in the order; > > > > > > > (f) a condition that the offender must, during the operational period of the order, take medication as required by a psychiatrist or a medical practitioner or by another person specified by the Court; > > > > > > > (g) a condition that the offender must not, during the operational period of the order – > > > > > > > > > > (i) consume alcohol or an illicit drug; or > > > > > > > > > > > (ii) possess, use or administer, including self-administer, a substance included in Schedule 1 to the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) or in a manner that would be unlawful under the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ; > > > > > > > (h) a condition that the offender – > > > > > > > > > > (i) must permit a police officer to access any computer, mobile telephone or other device that is at the premises at which the offender resides or is in the possession of the offender; and > > > > > > > > > > > (ii) must provide to a police officer, on demand, any electronic password required to access information, including any record of any website browsing history, stored on such a computer, mobile telephone or other device; > > > > > > > (i) a condition that the offender must comply with requirements, specified in the order, about access to and use of the internet; > > > > > > > (j) a condition that the offender must periodically report to a police officer or prescribed officer and provide to the officer information in relation to the conditions of the order and the address of the premises at which the offender resides; > > > > > > > (k) a condition that could be imposed on the offender if the offender were a reportable offender within the meaning of the [Community Protection (Offender Reporting) Act 2005](/view/html/inforce/2026-04-12/act-2005-061) ; > > > > > > > (l) a condition that the offender must not change his or her name; > > > > > > > (m) a condition that the offender must not reside in or visit specified locations or classes of locations; > > > > > > > (n) a condition that the offender must not associate or make contact with persons specified in the order or persons within a class of persons that is specified in the order; > > > > > > > (o) a condition that the offender must not engage in conduct that is specified in the order or conduct that is within a class of conduct that is specified in the order; > > > > > > > (p) a condition that the offender must not engage in employment specified in the order or employment that is within a class of employment specified in the order; > > > > > > > (q) a condition that the offender must provide, to a police officer, probation officer or prescribed officer, information requested by the officer in relation to any employment or financial affairs of the offender; > > > > > > > (r) any other condition that the Court thinks fit. > > > (3)  For the purposes of [subsection (2)(a)](#GS38@Gs2@Hpa@EN) , an offender is, for a relevant reason, not at premises approved by a probation officer if the offender is not at premises approved by a probation officer – > > > > > > (a) because the offender is travelling to or from, or is at, premises at which the offender is seeking urgent medical treatment or dental treatment; or > > > > > > > (b) because it is necessary not to be on the premises in order to avoid, or minimise a serious risk of, the death of, or injury to, the offender or another person; or > > > > > > > (c) with the approval, of a probation officer, given – > > > > > > > > > > (i) so as to enable the offender to comply with a condition of the order; or > > > > > > > > > > > (ii) so as to enable the offender to seek or engage in employment; or > > > > > > > > > > > (iii) so as to enable the offender to attend an educational or training course or activity; or > > > > > > > > > > > (iv) so as to enable the offender to attend a rehabilitative or re-integrative activity or program; or > > > > > > > > > > > (v) so as to enable the offender to attend a court; or > > > > > > > > > > > (vi) for any other purpose approved by the probation officer.