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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 91

Community service work—chief executive directions

    (1)     The chief executive may direct an offender, orally or in writing, to do community service work that the chief executive considers suitable for the offender.

    (2)     The direction must include details of the following:

        (a)     the community service work the offender must do;

        (b)     the place to which the offender must report for the work (the reporting place );

        (c)     the time when the offender must report;

        (d)     the person (if any) to whom the offender must report (the work supervisor );

        (e)     the person the offender must tell if subsection (6) applies (the corrections supervisor ).

    (3)     The direction may also include a requirement to be satisfied when reporting to do the community service work.

Examples of reporting requirements directed by chief executive

1     the kinds of clothing, personal possessions and other things that the offender must or must not have when reporting for the work

2     cleanliness when reporting for the work

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     A direction under this section takes effect—

        (a)     when it is given to the offender; or

        (b)     if a later date of effect is stated in the direction—on the date stated.

    (5)     The offender must comply with the direction.

    (6)     However—

        (a)     the offender is not required to do work the offender is not capable of doing; and

        (b)     the direction must, as far as practicable, avoid any interference with the offender's normal attendance at another place for work or at a school or other educational institution.

    (7)     The offender must also comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the community service work.

    (8)     If the offender cannot comply with the chief executive's direction under this section, the offender must—

        (a)     tell the corrections supervisor as soon as possible; and

        (b)     comply with the corrections supervisor's directions.

Examples where offender cannot comply

1     the community service work to which the direction applies is not available at the place

2     it is impracticable for the offender to do the community service work

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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