Sentencing Act 2017

An intensive correction order is subject to the following conditions:

a condition requiring the person to be of good behaviour;

a condition requiring the person to be under the supervision of a community corrections officer;

a condition requiring the person to obey the lawful directions of the community corrections officer to whom the person is assigned;

a condition requiring the person to report to a specified place not later than 2 working days after the date of the order unless, within that period, the defendant receives a notice from the CE to the contrary;

a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm;

a condition requiring the person to submit to such tests (including testing without notice) for gunshot residue as a community corrections officer may reasonably require;

a condition that the person undergo assessment or treatment (or both) relating to the person's mental or physical condition;

a condition requiring the person to undertake an intervention program as directed by the community corrections officer to whom the person is assigned;

a condition requiring the person to report to the community corrections officer to whom the person is assigned any change of address or employment, not later than 2 working days after the date of the change;

a condition that the person must not leave the State for any reason except in accordance with the written permission of the CE;

if the defendant is unemployed—a condition requiring the person to perform a specified number of hours of community service;

a condition requiring the person to comply with the following:

regulations made for the purposes of this section;

the lawful directions of the CE;

such other conditions as the court thinks appropriate and specifies in the order.

Without limiting the generality of subsection (1)(l), an intensive correction order may (for example) be subject to any of the following conditions:

a condition that the person subject to the order reside at specified premises;

a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services

a condition requiring the defendant to abstain from drugs of a specified class (including alcohol);

a condition requiring the person to submit to such tests (including testing without notice) relating to drug use, as a community corrections officer may reasonably require;

a condition that the person contribute financially to any course or treatment program that the person is required to undertake;

any other condition that the court thinks fit.

Without limiting the generality of subsection (1)(k)(ii), the CE may (for example) direct the person subject to the order to do 1 or more of the following during the period of the order:

reside at specified premises;

be monitored (for a period not exceeding 28 days) by use of an electronic device approved under section 4 of the

submit to such tests (including testing without notice) relating to drug use, as a community corrections officer may reasonably require;

if the defendant is unemployed—perform a specified number of hours of community service per week (which must be at least 12 hours but not more than 20 hours per week).

A person subject to an intensive correction order will, unless the intensive correction order is earlier revoked, remain subject to intensive correction in the community until the expiry of the order.

Subject to subsection (6), the court may vary or revoke a condition imposed under this section.

The court may only vary or revoke the conditions imposed by subsection (1)(e) and (f) if the court is satisfied, by evidence given on oath, that—

there are cogent reasons to do so; and

the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public.