Consequences of contravening s. 76 obligations
77 Consequences of contravening s. 76 obligations
If an offender contravenes any requirement of section 76, the manager of a centre may reprimand the offender or —
if the offender is subject to a pre‑sentence order, report the matter to the CEO and recommend that the CEO issue a warrant under section 33P of the Sentencing Act 1995; or
if the offender is subject to a community order, report the matter to the CEO and recommend that the offender be charged with an offence under section 131 of the Sentencing Act 1995; or
if the offender is subject to CSI, report the matter to the CEO and recommend that the offender be charged with an offence under section 84J(1) of the Sentencing Act 1995; or
if the offender is subject to a parole order or an RRO —
report the matter to the CEO; or
report the matter to the Board,
and recommend that the order be suspended or cancelled under Part 3 or 4 (as the case may be); or
if the offender is subject to a PSSO, report the matter to the CEO and recommend that the offender be charged with an offence under section 74L; or
if the offender is subject to a WDO, report the matter to the CEO and recommend that the order be cancelled under section 52 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
[Section 77 amended: No. 27 of 2004 s. 11 and 12; No. 65 of 2006 s. 43(1); No. 45 of 2016 s. 27.]
78. CEO may suspend requirements in case of illness etc.
In this section —
minimum hours requirement —
in relation to a community service requirement in a community order — means the requirement that the offender do at least 12 hours unpaid community work in any 7 day period;
in relation to a parole order, an RRO or a PSSO — means any requirement in the order to do the prescribed number of hours of community corrections activities in each period of 7 days;
in relation to a WDO — means the requirement in the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 50(1)(b) to do the number of hours of community corrections activities specified in the WDO (including the WDO as amended under section 50(2A) of that Act);
offender means an offender who is subject to a community corrections order.
If the CEO is satisfied that an offender is ill or that there are other exceptional circumstances, the CEO —
if the offender is subject to a community order or a sentence of CSI — may permit the offender not to comply with all or any of the requirements of any primary requirement of the order for such period or periods as the CEO thinks fit, but they must not total more than 12 weeks;
if the offender is subject to a community service requirement in a community order — may, in relation to the minimum hours requirement, permit the offender to do less than 12 hours community work in a 7 day period, the actual number of hours to be decided by the CEO, but it must be at least 6 hours;
if the offender is subject to an early release order or a PSSO — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit;
if the offender is subject to a WDO — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit.
A decision made under subsection (2) does not affect the term of a community order, the suspension period of a sentence of CSI or the period of an early release order or a PSSO.
An offender’s duty under a community service requirement in a community order to do unpaid community work for a number of hours set by the court is not affected by a decision made under subsection (2).
An offender’s duty under section 50(1)(a) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 to do community corrections activities for the required hours is not affected by a decision made under subsection (2).
[Section 78 amended: No. 27 of 2004 s. 12; No. 45 of 2016 s. 28; No 25 of 2020 s. 127.]
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