Penalties and Sentences Act 1992

If a court is satisfied an offender has, without reasonable excuse, failed to comply with the rehabilitation part of the offender’s treatment order, the court may do any of the following—

impose a condition on the treatment program for the order the court considers necessary to achieve the purposes of the treatment order;

at any 1 hearing under this section, order that the offender perform up to 40 hours of community service, but not to the extent the order would increase the total amount of community service imposed on the offender in relation to the treatment order to more than 240 hours;

at any 1 hearing under this section, order that the offender must serve up to 7 consecutive days of the sentence of imprisonment suspended under the custodial part of the treatment order;

revoke the rehabilitation part of the treatment order and order that the offender must serve the whole or part of the sentence of imprisonment imposed under the custodial part of the treatment order, reduced by the period of imprisonment served by the offender under the treatment order;

amend the rehabilitation part of the treatment order under section 151V.

To remove any doubt, it is declared that—

an order made under subsection (1)(b) is not a community service order; and

the court may impose a condition or make an order mentioned in subsection (1)(a), (b) or (c) for the offender more than once.

In taking action under subsection (1)(d), the court must have regard to the extent to which the offender has otherwise complied with the treatment order.

The court must give reasons for a decision to take action under this section.