New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 164

164 Actions by Parole Authority on breach of intensive correction order

(1) This section applies if the Parole Authority is satisfied that an offender has failed to comply with the offender's obligations under an intensive correction order.

(2) The Parole Authority may take any of the following actions--

(a) record the breach and take no further action,

(b) give a formal warning to the offender,

(c) impose any conditions on the intensive correction order,

(d) vary or revoke any conditions of the intensive correction order, including conditions imposed by the sentencing court,

(e) make an order revoking the intensive correction order (a
"revocation order" ).

(3) Without affecting the generality of subsection (2), the Parole Authority may impose a condition on the intensive correction order of the following kind--

(a) a condition imposing a requirement that the offender remain at the offender's place of residence for a period of home detention of up to 30 days,

(b) a condition that the offender must submit to the use of an electronic monitoring device,

(c) ancillary conditions relating to any condition imposed under this section.

(4) In deciding whether and what action should be taken in respect of the offender's breach of the intensive correction order, the Parole Authority may have regard to any action previously taken in respect of the breach or any earlier breaches of the order.

(5) The regulations may provide that specified provisions of Part 5 of the Crimes (Sentencing Procedure) Act 1999 and Part 3 of this Act (and the regulations under those Acts) so far as they relate to conditions of an intensive correction order that is subject to a condition of home detention imposed under this section--

(a) apply to the offender in the same way as they apply to an intensive correction order that is subject to a home detention condition, and

(b) so apply with any necessary modifications and any modifications prescribed by the regulations.

(6) The Parole Authority must not--

(a) vary or revoke a standard condition under this section, or

(b) impose a condition under this section unless the sentencing court could have imposed the condition under Part 5 of the Crimes (Sentencing Procedure) Act 1999 , or

(c) vary a condition under this section unless the sentencing court could have imposed the varied condition under that Part, or

(d) impose a condition imposing a period of home detention or a condition requiring community service work unless a report prepared by a community corrections officer states that the imposition of such a condition is appropriate in the circumstances.

(7) If the Parole Authority revokes an additional condition on an intensive correction order, it must replace it with another additional condition, unless there is already another additional condition in force with respect to the order.