VICIn ForceAct
Sentencing Act 1991
48CUnpaid community work condition
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48C Unpaid community work condition
(1) A court which is making a community correction order may attach a condition requiring an offender to perform unpaid community work.
(2) The purpose for attaching an unpaid community work condition is to adequately punish the offender in the community.
S. 48C(3) amended by No. 32/2013 s. 28.
(3) Subject to section 48CA, the offender must perform the number of hours of unpaid community work specified by the court under an unpaid community work condition.
S. 48C(3A) inserted by No. 65/2011 s. 56.
(3A) If the Secretary gives a direction under section 83AU the offender must perform the number of hours of unpaid community work specified by the Secretary.
(4) The total number of hours for which an offender may be required to perform unpaid community work under an unpaid community work condition must be determined by the court and must not exceed 600 hours.
(5) The total number of hours of unpaid community work that the offender must perform in any 7 day period must not exceed 20.
S. 48C(6) amended by No. 26/2012 s. 35.
(6) An offender may perform unpaid community work for up to 40 hours in a period of 7 days if he or she requests to do so and signs a written consent to performing the extra number of hours.
(7) If a court attaches an unpaid community work condition as the sole condition under this Division of a community correction order for up to a maximum of 300 hours, the order expires on the satisfactory completion of those hours of work.
(8) If an offender is or will be subject to more than one community correction order the court must not make a direction under this Act that causes the time limits that apply under all unpaid community work conditions under the orders to exceed the maximum time limits for the orders under section 38.
(9) When attaching an unpaid community work condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.
S. 48CA inserted by No. 32/2013 s. 29.
48CA Order with conditions under sections 48C and 48D
(1) This section applies if a court when making a community correction order attaches both an unpaid community work condition and a treatment and rehabilitation condition to the order.
(2) The court may determine that some or all of the hours satisfactorily undertaken for treatment and rehabilitation are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
(3) If a court makes a determination under subsection (2) but does not specify the number of hours undertaken for treatment and rehabilitation that are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition then all of the hours satisfactorily undertaken for treatment and rehabilitation are to be so counted as hours of unpaid community work.
S. 48D inserted by No. 65/2011 s. 21.