Crimes (Sentencing Procedure) Act 1999

This clause applies to an intensive correction order (the intensive correction order) made under section 7 before its substitution by the amending Act and in force immediately before the commencement day.

The intensive correction order is taken to have been made under section 7 as substituted by the amending Act.

The intensive correction order is on the commencement day subject only to—

the standard conditions of an intensive correction order, and

any conditions imposed under section 81 (3) of the Crimes (Administration of Sentences) Act 1999 and in force immediately before the commencement day in respect of the intensive correction order, and

a condition that requires the offender to undertake a minimum of 32 hours of community service work a month, as directed by a community corrections officer, and

any other conditions prescribed by or determined under the regulations.

An offender who is subject to a condition imposed under subclause (3) (c) is subject to the same obligations that are prescribed for the purposes of section 82 of the Crimes (Administration of Sentences) Act 1999 for an offender who is subject to a community service work condition of an intensive correction order.

Sections 163 and 164 of the Crimes (Administration of Sentences) Act 1999 as in force on or after the commencement day apply to the intensive correction order in respect of action that may be taken for a breach of the order.

The conditions imposed on the intensive correction order by the court under section 81 of the Crimes (Administration of Sentences) Act 1999 as in force before the commencement day cease to apply to the order. This subclause does not limit subclause (3) or (4).

The offender is compliant with the community service work condition referred to in subclause (3) (c) which provides for a minimum of 32 hours of community service work a month—

to the extent the offender worked the scheduled hours at a work site, if the work was performed in accordance with directions of a community corrections officer or supervisor, including—

tea and meal breaks to which the offender is entitled, and

time spent travelling to and from the work site, that a community corrections officer considers appropriate, and

to the extent (if any) the offender did not work the scheduled hours, if the offender (within 7 days of the failure to work)—

provided a medical certificate to a community corrections officer that states the nature of the illness or injury and indicates that its nature or extent justifies the offender’s failure to perform the work, or

provided another reason to a community corrections officer for the failure to work and the officer is satisfied that the reason is valid, and

to the extent (if any) the offender did not work the scheduled hours, if—

work was cancelled or finished early for reasons such as, but not limited to, bad weather, lack of available supervision, an emergency situation or lack of equipment, and

a community corrections officer is satisfied that the reasons are valid.

A community corrections officer may vary or waive the obligation to provide a medical certificate under subclause (6) (b).