Crimes (Sentencing) Act 2005

The court must not include a community service condition in the good behaviour order unless a pre-sentence report is given to the court about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work.

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

the pre-sentence report;

any medical report about the offender given to the court;

any evidence given by the person who prepared the pre‑sentence report;

any evidence given by a corrections officer about the offender.

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

In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 90, column 3 that are stated in the report to apply to the offender.

The court may include, or decline to include, a community service condition in a good behaviour order for the offender despite—

any recommendation in the pre-sentence report 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 pre‑sentence report or a corrections officer.

The court must record reasons for its decision to include, or decline to include, a community service condition in the good behaviour order if—

the pre-sentence report recommends that the offender is suitable but the court decides not to include a community service condition; or

the pre-sentence report recommends that the offender is not suitable but the court decides to include a community service condition.

Failure to comply with subsection (6) does not invalidate the good behaviour order.