Crimes (Sentencing) Act 2005

The court must not include a rehabilitation program condition in the intensive correction order unless—

an intensive correction assessment that addresses whether a rehabilitation program condition is suitable for the offender is given to the court; or

there is some other information (relevant sentencing information) before the court about the nature of the program and its suitability for the offender that justifies including the condition in the intensive correction order.

For an example of relevant sentencing information, see s 97 (1) (b) (Good behaviour orders—rehabilitation programs—suitability).

In deciding whether to include a rehabilitation program 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 that the court may consider.

The court may include, or decline to include, a rehabilitation program condition in the intensive correction order despite—

any recommendation in the intensive correction assessment about the offender’s suitability to serve a sentence (or part of a sentence) by taking part in a rehabilitation program; or

any evidence given by the person who prepared the intensive correction assessment for the offender or who gave relevant sentencing information to the court; or

any evidence given by a corrections officer.

The court must record reasons for its decisions to include, or decline to include, a rehabilitation program 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 rehabilitation program condition; or

is not suitable but the court decides to include a rehabilitation program condition.

Failure to comply with subsection (5) does not invalidate the intensive correction order.