New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 108E

108E Suspension of certain conditions of conditional release order

(1) This section applies to the following conditions of a conditional release order--

(a) a condition referred to in section 99 (2) (e) of the Crimes (Sentencing Procedure) Act 1999 (a
"supervision condition" ),

(b) a non-association condition or place restriction condition referred to in section 99 (2) of that Act.

(2) A community corrections officer may, by order in writing and subject to the regulations, suspend the application of a supervision condition to an offender for a period or periods or indefinitely.

(3) A community corrections officer may, by order given orally or in writing and subject to the regulations, suspend the application of any other condition to which this section applies to an offender for a period or periods.

(4) The suspension may be unconditional or subject to conditions.

(5) For the purposes of this Act, a failure to comply with a condition of the suspension is taken to be a failure to comply with the obligations of the conditional release order. This subsection does not limit the power of the community corrections officer to revoke the suspension order.

(6) The regulations may make provision for or with respect to the following--

(a) the periods for which a condition may be suspended,

(b) notice to an offender of the making or revocation of a suspension order,

(c) requiring the power to make, amend or revoke a suspension order to be exercised subject to and in accordance with any specified requirements.

(7) A reference in this section to a community corrections officer is, in relation to an offender who is subject to supervision or management by a juvenile justice officer, taken to be a reference to a juvenile justice officer.

(8) If a supervision condition is suspended by a juvenile justice officer and the offender has reached the age of 18 years, a community corrections officer may revoke the suspension order.