Sentencing Act 1995

The purposes of the curfew requirement are —

to allow for the movements of the offender to be restricted during periods when there is a high risk of the offender offending; and

to subject the offender to short periods of detention at the place where the offender lives or at some other specified place.

The curfew requirement is a requirement that the offender —

must remain at a specified place (the specified place), for specified periods, subject to subsection (8); and

must submit to surveillance or monitoring as ordered by a speciality court or a CCO.

The term of a curfew requirement must be set by the court when it imposes the requirement, but the requirement must not be imposed so as to result in a curfew requirement being in force, whether under a sentence of CSI or an ISO or a PSO, for a continuous period that exceeds 6 months.

The term of a curfew is concurrent with the term of any other curfew requirement applicable to the offender under another sentence of CSI or an ISO or a PSO, unless the court orders otherwise.

At any one time the aggregate of the unexpired terms of curfew requirements applicable to the offender under sentences of CSI or ISOs or PSOs must not exceed 6 months.

The court may give directions as to the periods when the offender ought to be subject to a curfew.

The offender is not to be ordered by a CCO to remain at a place for periods that amount to less than 2 or more than 12 hours in any one day.

The offender may only leave the specified place during a specified period —

to do community corrections activities as required under this Act or the Sentence Administration Act 2003; or

to obtain urgent medical or dental treatment for the offender; or

for the purpose of averting or minimising a serious risk of death or injury to the offender or to another person; or

to obey an order issued under a written law (such as a summons) requiring the offender’s presence elsewhere; or

for a purpose approved of by a CCO; or

on the order of a CCO.

The curfew requirement ceases to be in force when its term ends, or when the suspension period ends, whichever happens first.

Without limiting the means by which the offender may be kept under surveillance or monitored, the speciality court or a CCO may, for the purposes of subsection (2)(b), order the offender —

to wear an approved electronic monitoring device; or

to permit the installation of an approved electronic monitoring device at the place where the offender lives; or

to charge the approved electronic monitoring device so as to ensure the device is at all times operational; or

to not enter 1 or more areas of the State stated in a written notice given to the offender by the speciality court or the CCO.

A person given an order under subsection (10)(a), (b) or (c) must comply with the order.

A person given an order under subsection (10)(d) must comply with the order, unless the person has a reasonable excuse.

A CCO may give such reasonable directions to the offender as are necessary for the proper administration of the curfew requirement.

Without limiting subsection (11), if the offender is authorised under subsection (8) to leave the specified place, a CCO may give directions as to —

when the offender may leave; and

the period of the authorised absence; and

when the offender must return; and

the method of travel to be used by the offender during the absence; and

the manner in which the offender must report the offender’s whereabouts.

To ascertain whether or not the offender is complying with the curfew requirement, a CCO may, at any time —

enter or telephone the specified place; or

enter or telephone the offender’s place of employment or any other place where the offender is authorised or required to attend; or

question any person at any place referred to in paragraph (a) or (b).

A person must not —

hinder a person exercising powers under subsection (13); or

fail to answer a question put pursuant to subsection (13)(c) or give an answer that the person knows is false or misleading in a material particular.

In this section —