The ICO suitability assessment criteria in Table 79 of the Crimes (Sentencing) Act 2005 (ACT) may be counterproductive to the rehabilitative purpose of ICOs, as the indicators of unsuitability (drug dependence, psychiatric disorder, criminal record) are the very matters that rehabilitation programs address. The prohibition on ICOs where the sentence includes full-time custody (including backdated pre-sentence custody) under s 29(1)(b) is problematic and may exclude appropriate candidates. A court may override an assessment of unsuitability under s 78(6) where good reason exists.
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