New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 165

165 Parole Authority may reinstate revoked intensive correction order

(1) If an offender's intensive correction order has been revoked under this Division or under section 179, the Parole Authority--

(a) on its own initiative or on the application of the offender, and

(b) subject to Part 5 of the Crimes (Sentencing Procedure) Act 1999 ,

may make an order reinstating the offender's intensive correction order in respect of the remaining balance of the offender's sentence.

(2) Such an application--

(a) may not be made until the offender has, since the intensive correction order was revoked, served at least 1 month of the offender's sentence by way of full-time detention, and

(b) must state what the offender has done, or is doing, to ensure that the offender will not fail to comply with the offender's obligations under the intensive correction order in the event that it is reinstated.

(3) Before making an order reinstating an offender's intensive correction order, the Parole Authority may refer the offender to the Commissioner for assessment as to the suitability of the offender for intensive correction in the community.

(4) Part 5 of the Crimes (Sentencing Procedure) Act 1999 applies to and in respect of the Parole Authority and the offender in relation to the making of an intensive correction order under this section in the same way as it applies to and in respect of a court and an offender in relation to the making of an intensive correction order under that Act.

(5) The Parole Authority may not make an order under subsection (1) if the offender is subject to a sentence of imprisonment by way of full-time detention that is yet to commence.

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

(a) requiring a report to be made in relation to an assessment referred to in subsection (3), and

(b) the matters to be addressed in the report, and

(c) the preparation and furnishing of the report.