42ADCore conditions of home detention order

### 42AD Core conditions of home detention order > [*\[Section 42AD Inserted by No. 51 of 2017, s. 14, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS14@EN) > > > (1)  A home detention order is subject to the following conditions: > > > > > > (a) the offender must not, during the operational period of the order, commit an offence that is punishable by imprisonment; > > > > > > > (b) the offender must, during the operational period of the order, reside at the home detention premises; > > > > > > > (c) the offender must, during the operational period of the order, be at the home detention premises during the times, specified in the order, of the days of the week specified in the order, except if the offender is, for a relevant reason, not on those premises; > > > > > > > (d) the offender must, during the operational period of the order, permit a police officer, probation officer or prescribed officer to enter the home detention premises; > > > > > > > (e) the offender must, during the operational period of the order, permit a police officer to – > > > > > > > > > > (i) conduct a search of the home detention premises; 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 home detention premises or at any other place or premises; and > > > > > > > > > > > (iii) take a sample of a substance found on the home detention premises or on the person of the offender; > > > > > > > (f) the offender must comply with any reasonable and lawful directions of a probation officer or prescribed officer, including any directions as to the kind of employment, or the place of employment, of the offender; > > > > > > > (g) subject to [subsection (2)](#GS42AD@Gs2@EN) , 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 a court, submit to electronic monitoring, including by wearing or carrying an electronic device; > > > > > > > (h) if the offender is, in accordance with [paragraph (g)](#GS42AD@Gs1@Hpg@EN) , required to submit to electronic monitoring – > > > > > > > > > > (i) [*\[Section 42AD Subsection (1) amended by No. 31 of 2023, s. 4, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS4@Hpa@EN) the offender must not, without reasonable excuse, tamper with, damage or disable any device used for the purpose of the electronic monitoring; and > > > > > > > > > > > (ia) [*\[Section 42AD Subsection (1) amended by No. 31 of 2023, s. 4, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS4@Hpb@EN) the offender must not knowingly permit, without reasonable excuse, another person to 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; > > > > > > > (i) the offender must, during the operational period of the order, if 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 an illicit drug; > > > > > > > (j) if the order is subject to a special condition referred to in [section 42AE(1)(c)](#GS42AE@Gs1@Hpc@EN) , 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; > > > > > > > (k) the offender must, during the operational period of the order, if directed by a probation officer or prescribed 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 or prescribed officer. > > > (2)  If a court makes a home detention order in relation to an offender – > > > > > > (a) the court may determine, and specify in the order, that there are suitable reasons for the offender not to be required to submit to electronic monitoring; and > > > > > > > (b) where such a determination is made, the condition referred to in [subsection (1)(g)](#GS42AD@Gs1@Hpg@EN) is not a condition of the order unless a court varies the order by revoking the determination. > > > (3)  A home detention order may specify different times, for different days of the week, at which the offender to whom the order relates is to be at the home detention premises during the operational period of the order. > > > (4)  For the purposes of [subsection (1)(c)](#GS42AD@Gs1@Hpc@EN) , an offender is, for a relevant reason, not on the home detention premises if the offender is not on the premises – > > > > > > (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 to not 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 or prescribed officer, given – > > > > > > > > > > (i) so as to enable the offender to comply with a special condition; 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 or prescribed officer. > > > (5)  For the purposes of [subsection (1)(h)](#GS42AD@Gs1@Hph@EN) , a direction in relation to electronic monitoring means a direction, given by – > > > > > > (a) a police officer; or > > > > > > > (b) a probation officer or prescribed officer; or > > > > > > > (c) another person whose functions involve the installation or operation of a device, or a system, used for the purposes of electronic monitoring – > > > > in relation to the installation, attachment or operation of a device, or a system, used for the purposes of electronic monitoring.