Crimes (Sentencing) Act 2005

The court must not include a community service condition in the intensive correction order unless an intensive correction assessment that addresses whether a community service condition is suitable for the offender is given to the court.

In deciding whether to include a community service condition in the intensive correction order, the court must consider the following:

the intensive correction assessment;

any medical report about the offender given to the court;

any evidence given by the person who prepared the intensive correction assessment;

any evidence given by a corrections officer about the offender.

Subsection (2) does not limit the matters the court may consider.

In considering the intensive correction assessment, the court must consider any of the following indicators of unsuitability that are stated in the assessment to apply to the offender:

any major problem with alcohol or a controlled drug;

any major psychiatric or psychological disorder;

any serious criminal record;

any potential impracticability of regular reporting for community service work;

any potential unfitness to perform community service work.

The court may include, or decline to include, a community service condition in an intensive correction order for the offender despite—

any recommendation in the intensive correction assessment about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work; or

any evidence given by the person who prepared the intensive correction assessment or a corrections officer.

The court must record reasons for its decision to include, or decline to include, a community service condition in the intensive correction order if the intensive correction assessment recommends that the offender—

is suitable but the court decides not to include a community service condition; or

is not suitable but the court decides to include a community service condition.

Failure to comply with subsection (6) does not invalidate the intensive correction order.