Australian Capital Territory Repealed Acts

This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED) - SECT 13

    (1)     If a court asks the chief executive for an assessment report about a person, the chief executive must investigate and report to the court on the matters mentioned in section 11 (1) (Suitability of sentenced offenders and remandees for home detention).

    (2)     The report must deal with the following matters:

        (a)     the potential for the order to help in the rehabilitation of the person;

        (b)     any criminal record of the person, and the likelihood that the person will reoffend;

        (c)     any cultural issues in relation to the person or to the household in which the person would live;

        (d)     any dependency of the person on illegal drugs;

        (e)     the likelihood that the person will commit an offence that is made up of conduct that is domestic violence under the Domestic Violence and Protection Orders Act 2001 in relation to anyone with whom it is likely the person would live in the same household if the home detention order were made;

        (f)     the likelihood that the person will commit a sexual offence or an offence involving violence, even if the person has no history of committing offences of that kind;

        (g)     whether any circumstances of the person's residence, employment, study or other activities would inhibit effective monitoring of a home detention order;

        (h)     whether the people with whom it is likely the person would live in the same household (other than as a tenant or boarder) during any home detention understand the likely obligations of the person under a home detention order and are prepared to live in accordance with them so far as may be necessary;

              (i)     whether the making of the order would place at risk of harm the person or anyone who would be living with the person or nearby;

        (j)     anything else prescribed by regulation.

    (3)     The report may indicate the kind of additional conditions that would be appropriate for the court to impose on a home detention order if the court were to make an order.

    (4)     Subsections (2) and (3) do not limit the matters that may be dealt with in the report.

    (5)     A regulation may make provision in relation to the conduct of investigations and the preparation of reports under this section.