(1) A court which is making a community correction order may attach a condition directing that the offender comply with the restrictions in subsection (2).
(2) For the purpose of subsection (1) and subject to subsection (3) the restrictions are as follows—
(a) the offender must not enter or remain in any licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; and
(b) the offender must not enter or remain in the location of any major event; and
(c) the offender must not enter or remain in a bar area of any licensed premises to which paragraph (a) or (b) does not apply; and
(d) the offender must not consume liquor in any licensed premises to which paragraph (a) or (b) does not apply.
(3) When attaching an alcohol exclusion condition a court may specify a licensed premises to which the restrictions under subsection (2)(a), (b) or (c) do not apply.
(4) The court may attach an alcohol exclusion condition to address the role of alcohol in the offending behaviour.
(5) When attaching an alcohol exclusion condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender.
(6) When attaching an alcohol exclusion condition the court may specify whether the condition applies to the offender for a period of hours of each day or at all times.
(7) When attaching an alcohol exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.
(8) In this section—
bar area means an area within a licensed premises that is set aside for the service of liquor for consumption on that premises;
licensed premises has the same meaning as in the Liquor Control Reform Act 1998;
liquor has the same meaning as in the Liquor Control Reform Act 1998;
major event has the same meaning as in the Liquor Control Reform Act 1998.
S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71).
48JA Bond condition
(1) A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order.
(2) The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order.
(3) When attaching a bond condition the court must—
(a) have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and
(b) fix a time period for the payment of the bond by the offender.
(4) Any money paid by an offender under subsection (1)—
(a) must be paid to the court making the order; and
(b) despite any provision to the contrary in the Supreme Court Act 1986, the County Court Act 1958 or the Magistrates' Court Act 1989, must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is required to be repaid or forfeited under this Act.
(5) If any interest is received from the investment of any money paid by an offender under subsection (1) the interest must be credited to the Consolidated Fund, whether or not any of the money is repaid to the offender under this section.
(6) If money paid under subsection (1) is to be repaid to an offender as a result of the making of an order to cancel or vary or otherwise deal with a community correction order or bond condition under section 48M(2) or 83AS(1), the Crown must repay the money to the offender within 7 days after the order is made, unless the court orders a longer period.
(7) The Crown must repay to the offender any money paid under subsection (1), that is not liable for forfeiture under section 83AS(4) and that subsection (6) does not apply to—
(a) 3 months after the expiry of the order; or
(b) if no later than 3 months after the expiry of the order, the offender is charged with an offence punishable by imprisonment that was committed during the period of the order, 7 days after the proceeding is finalised—
whichever is the later.
(8) For the purposes of this section a proceeding is finalised—
(a) after the final determination of the charge by a court; or
(b) when the charge is withdrawn; or
(c) when the prosecution of the charge is discontinued.
(9) All money forfeited to the Crown under section 83AS(4) must be paid into the Consolidated Fund.
S. 48K inserted by No. 65/2011 s. 21.
48K Judicial monitoring condition
(1) A court which is making a community correction order may attach a condition to the order directing that the offender be monitored by the court, if the court is satisfied that it is necessary for the court to review (during the course of the order) the compliance of the offender with the order.
(2) The court may make a direction for the following matters in a judicial monitoring condition—
(a) a time or times at which the offender must re-appear before the court for a review under section 48L of the compliance of the offender with the order; and
(b) any information, report or test that must or may be provided in the course of a review under section 48L.
(3) A direction in a judicial monitoring condition made by the court under subsection (2)(a) or (b) is not to be taken to empower the medical testing of the offender or the making of a medical report as to the offender without the consent of the offender.
(4) A judicial monitoring condition attached to an order remains in force for the period specified by the court in the order, or, if no period is specified in the order, for the period of the order.
(5) Any proceeding where an offender re-appears before the court for review in accordance with a judicial monitoring condition may be conducted by the court constituted by the judicial officer who made the order or by the court constituted by another judicial officer.
S. 48L inserted by No. 65/2011 s. 21.
48L Power of court on review under a judicial monitoring condition
(1) In any proceeding where an offender re-appears before a court for review of the offender's compliance with the order under a judicial monitoring condition—
(a) the court may require the offender, or may invite the offender to answer questions or produce information (including reports or the results of medical examinations or medical tests);
(b) the court may invite the offender's medical practitioner or any medical practitioner who has examined the offender to produce any medical report about the offender or the results of any medical test about the offender to the court;
(c) the court may require or invite any of the following persons to provide information to the court either verbally or in any written form—
(i) the Secretary;
(ii) the person or body who prosecuted the offender for the offence;
(iii) any other person the court considers appropriate.
(2) In any proceeding where an offender re-appears before a court for review in accordance with the terms of a judicial monitoring condition the court—
(a) may—
(i) cancel the condition; or
(ii) vary the condition, including shortening or extending the condition; or
(iii) take no further action in relation to the condition; or
(b) may give further directions as to—
(i) the time or times at which the offender must re-appear before the court for other reviews under this section of the compliance of the offender with the order; and
(ii) any information, report or test that must or may be provided in the course of another review under this section.
S. 48L(3) inserted by No. 32/2013 s. 33.
(3) If an offender fails to re-appear before a court for review in accordance with the terms of a judicial monitoring condition, the court may issue a warrant to arrest the offender.
S. 48LA inserted by No. 32/2013 s. 25.
48LA Electronic monitoring of offender
S. 48LA(1) amended by No. 11/2021 s. 107.
(1) A court which attaches a monitored condition to a community correction order may attach to that condition a requirement that the offender is to be electronically monitored.
(2) The purpose of attaching an electronic monitoring requirement is to monitor the compliance of the offender with the monitored condition.
(3) When deciding whether to attach an electronic monitoring requirement, the court must have regard to the recommendations, information and matters identified in the pre-sentence report in relation to the electronic monitoring of the offender.
(4) A court may only attach an electronic monitoring requirement to a monitored condition if—
(a) the pre-sentence report in respect of the offender includes a positive statement that—
(i) having had regard to the circumstances of the offender's residence, the offender is a suitable person to be electronically monitored; and
(ii) appropriate resources or facilities are available to enable the offender to be electronically monitored; and
(b) the court is satisfied that—
(i) the offender is a suitable person to be electronically monitored; and
(ii) it is appropriate in all of the circumstances that the offender be electronically monitored; and
(iii) appropriate resources or facilities are available to enable the offender to be electronically monitored.
(5) A court, in attaching an electronic monitoring requirement to a monitored condition, must specify the period that the offender is to be electronically monitored that is the same or a lesser period than the period that has been specified in respect of the monitored condition.
An example of a specification that may be made under subsection (5) is that the offender is to be electronically monitored for 4 months in respect of a place and area exclusion condition that the court specified applies to the order for a period of 6 months.
(6) If a court does not specify a period under subsection (5) the period of an electronic monitoring requirement is taken to be the same as the period specified in respect of the monitored condition.
(7) If the Secretary gives a direction under section 83AV and the offender is subject to an electronic monitoring requirement that is attached to a curfew condition, the offender must be monitored for the increased period in addition to any period specified under subsection (5) or period that applies under subsection (6), that does not exceed the requirements under section 48I(3).
(8) If an electronic monitoring requirement is attached to a monitored condition the following terms are attached to the community correction order—
(a) the offender must comply with any direction given by the Secretary, that is necessary for the Secretary to give, to ensure that the offender is electronically monitored in accordance with the requirement; and
(b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Secretary for the specified period of the requirement; and
S. 48LA(8)(c) amended by No. 52/2015 s. 46.
(c) the offender must not, without reasonable excuse, tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; and
(d) the offender must accept any visit by the Secretary to the place where the offender resides, at any time that it is reasonably necessary, for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring; and
(e) the offender must comply with any direction given by the Secretary under section 83AV(3) in respect of the electronic monitoring requirement of a curfew condition.
It is an offence under section 83AD for an offender to contravene a community correction order.
S. 48LB inserted by No. 32/2013 s. 25.
48LB Confidentiality of personal information
(1) A person must not use or disclose any personal or confidential information obtained as a result of the electronic monitoring of an offender carried out under an electronic monitoring requirement attached to a monitored condition subject to a community correction order, unless that use or disclosure is authorised under this section.
Penalty: 120 penalty units.
(2) A person may use or disclose personal or confidential information obtained as a result of the electronic monitoring of an offender carried out under an electronic monitoring requirement attached to a monitored condition subject to a community correction order, in the following circumstances—
(a) if the use or disclosure is reasonably necessary for the person to perform his or her duties, functions or powers in relation to a community correction order;
(b) if the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court in relation to a community correction order;
(c) if the use or disclosure is for the purpose of the administration or enforcement of an order of a court under this Act;
(d) with the authorisation, or at the request, of the person to whom the information relates;
(e) if the use or disclosure is authorised by the Minister or the Minister administering the Corrections Act 1986;
(f) if the disclosure is to the Secretary;
(g) if the disclosure is to an Ombudsman officer within the meaning of the Ombudsman Act 1973;
S. 48LB(2)(ga) inserted by No. 23/2017 s. 43.
(ga) if the use or disclosure is by an information sharing entity and is authorised under Part 5A of the Family Violence Protection Act 2008;
S. 48LB(2)(gb) inserted by No. 11/2018 s. 39.
(gb) if the use or disclosure is by an information sharing entity or a restricted information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 and is authorised under Part 6A of that Act;
(h) if the use or disclosure is to a lawyer for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act;
(i) if the information is already in the public domain;
(j) to the extent reasonably necessary for any other law enforcement purposes including the detection, investigation or prosecution or prevention of contraventions of the law;
(k) if the use or disclosure is specifically authorised or required by or under this or any other Act.
(3) In this section, personal or confidential information includes the following—
(a) information relating to the personal affairs of a person who has been or is an offender;
(b) information—
(i) that identifies any person or discloses his or her address or location or a journey made by the person; or
(ii) from which any person's identity, address or location can reasonably be determined;
(c) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court;
(d) information concerning the investigation of a contravention or possible contravention of the law by the offender.
Pt 3A Div. 5 (Heading) inserted by No. 65/2011 s. 21.