Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 92

    (1)     Subsection (2) applies if an offender—

        (a)     fails to report to do community service work in accordance with a direction under section 91; or

        (b)     fails to do community service work in accordance with a direction under section 91; or

        (c)     fails to comply with a reasonable direction given to the offender by the work supervisor under section 91 in relation to the community service work.

    (2)     The director-general may direct the offender, orally or in writing, not to do the community service work and to leave the place where it was to be done.

    (3)     Subsection (4) applies if—

        (a)     an offender fails to report to do community service work for a period (a work period ) in accordance with a direction under section 91; and

        (b)     the offender is at the time of the work period—

              (i)     remanded in custody under a territory law or a law of the Commonwealth or a State; or

              (ii)     detained at a place under the Mental Health Act 2015

.

    (4)     The offender is taken to have performed community service work in accordance with the direction for the work period.

    (5)     Subsection (6) applies if—

        (a)     an offender fails to do community service work for a period (the  unworked period ) in accordance with a direction under section 91; and

        (b)     the director-general is satisfied the offender's failure to do the community service work in accordance with the direction for the unworked period is because of circumstances preventing the work from being done, that were beyond the offender's control.

Examples—par (b)

1     community service work cannot be done because of the weather conditions

2     community service work cannot be done because of unforeseeable absence of supervising staff

    (6)     The director-general may direct that the offender is taken to have done the community service work in accordance with the direction for a period that is not more than the unworked period.

    (7)     However, before making a direction under subsection (6), the director-general must—

        (a)     consider the purposes of sentencing under the Crimes (Sentencing) Act 2005

, section 7; and

        (b)     be satisfied the total period the offender is taken to have done community service work during all unworked periods is not more than—

              (i)     8 hours in a week; or

              (ii)     10% of the total number of hours of community service work required to be performed by the offender.