Section 18ZP(1)(c) of the Sentencing Act 1991 (Vic), which permits cancellation of a DATO where the offender is 'no longer willing to comply', concerns the offender's present subjective willingness and is not properly seen as a power to sanction past non-compliance. Past non-compliance may provide a factual basis to infer unwillingness, but the two concepts should not be conflated. A decision to cancel a DATO and activate a custodial sentence requires reasons that identify the critical factual material, explain how those facts fit within the statutory condition, and address the exercise of any discretion.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.