Sentencing Act 1995

The purpose of electronic monitoring of an offender —

under subsection (2) is to enable the location of the offender to be monitored where the offender presents a high risk to —

a person; or

a group of persons; or

the community more generally;

under subsection (3C) is to enable the location of the offender to be monitored.

If a court considers that electronic monitoring should occur in a particular case, other than a case referred to in subsection (3A), the court may impose a requirement (an electronic monitoring requirement) under this section.

An electronic monitoring requirement may be imposed under subsection (2) only if the court has received a report from the CEO (corrections) about the suitability of electronic monitoring in the particular case.

Subsection (3C) applies if —

an offence in respect of which CSI may apply is a family violence offence (category A) and —

the offender is bound by a family violence restraining order; and

the person against whom the family violence offence (category A) was committed is protected by the family violence restraining order;

an offence in respect of which CSI may apply is a family violence offence (category B) and the offender is a serial family violence offender.

For the purposes of subsection (3A)(b), an offender is a serial family violence offender whether the offender was so declared by —

the court referred to in subsection (3C) at the time of the offender’s conviction for the family violence offence (category B); or

another court.

If subsection (3A) applies and a court orders CSI the court must impose a requirement (also an electronic monitoring requirement) for electronic monitoring in respect of the offender under this section, unless the court is satisfied there are exceptional circumstances.

If an electronic monitoring requirement is imposed, a CCO may do 1 or more of the following —

direct the offender to wear an approved electronic monitoring device;

direct the offender to permit the installation of an approved electronic monitoring device at the place where the offender resides or, if the offender does not have a place of residence, at any other place specified by the CCO;

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

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

A person given a direction under subsection (4)(a), (b) or (c) must comply with the direction.

A person given a direction under subsection (4)(d) must comply with the direction, unless the person has a reasonable excuse.

An electronic monitoring requirement ceases to be in force when the suspension period ends.