New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 168CA

168CA Actions by Commissioner or community corrections officer on non-compliance with re-integration home detention order

(1) This section applies if the Commissioner or a community corrections officer is satisfied that an offender has failed to comply with the offender's obligations under a re-integration home detention order.

(2) A community corrections officer may take any of the following actions--

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

(b) give an informal warning to the offender,

(c) give, or arrange to be given to, the offender a formal warning that further breaches will result in referral to the Parole Authority,

(d) give a reasonable direction to the offender relating to the kind of behaviour by the offender that caused the breach.

(3) As an alternative, or in addition, to taking any such action, the Commissioner or a community corrections officer may decide to refer the breach to the Parole Authority because of the serious nature of the breach and may also make a recommendation as to the action that the Parole Authority may take in respect of the offender.

(4) In deciding whether and what action should be taken in respect of the offender's breach of the re-integration home detention order, the Commissioner or a community corrections officer may have regard to any action previously taken in respect of the breach or any earlier breaches of the order.

(5) The regulations may make provision for or with respect to any action that may be taken by a community corrections officer under this section.