South Australian Current Acts South Australian Current Acts98—Conditions of bonds under this Act
(1) Subject to this
Act, a bond under this Act may include such of the following conditions as the
court thinks appropriate and directs be included:
(a) a
condition requiring the defendant to be under the supervision of a
community corrections officer for a specified period;
(b) a
condition requiring the defendant to reside with a specified person or in a
specified place or area;
(c) a
condition requiring the defendant not to reside with a specified person or in
a specified place or area;
(d) a
condition requiring the defendant to perform a specified number of hours of
community service;
(e) a
condition requiring the defendant to undertake an intervention program;
(f) a
condition requiring the defendant to undergo medical or psychiatric treatment
in accordance with the terms of the bond;
(g) a
condition requiring the defendant to abstain from drugs of a specified class
(including alcohol);
(h) a
condition requiring the person to submit to such tests (including testing
without notice) relating to drug use as a community corrections officer may
reasonably require;
(i)
a condition requiring the defendant—
(i)
to restore misappropriated property to any person
apparently entitled to possession of it; or
(ii)
to pay compensation of a specified amount to any person
for injury, loss or damage resulting from the offence;
(j) a
condition requiring the defendant to attend and complete, within the term of
the bond or such lesser period as the court may specify, a specified education
program approved by the Attorney-General for the offence of which the
defendant has been found guilty;
(k) a
condition requiring the defendant to comply with—
(i)
regulations (if any) made for the purposes of this
section; or
(ii)
the lawful directions of the CE;
(l) any
other condition that the court thinks appropriate and specifies in the bond.
(2) A court must not
include a condition (whether under this or any other section) requiring the
defendant to reside with a specified person or in a specified place unless the
court is satisfied that accommodation is available for the defendant with that
person or in that place and that the accommodation is suitable in all the
circumstances.
(3) A court must not
include a condition requiring the defendant to undergo specified medical or
psychiatric treatment unless it is satisfied that treatment of the nature
specified in the bond has been recommended for the defendant by a legally
qualified medical practitioner and is available to the defendant.
(4) The following
provisions apply in relation to an education program approved or to be
approved for the purposes of this section:
(a) the
Attorney-General may approve such a program unconditionally or subject to such
conditions as the Attorney-General thinks fit and specifies in the instrument
of approval;
(b) the
Attorney-General may, by written notice to the program provider, revoke an
approval or vary the conditions of an approval;
(c) any
fees for undertaking an approved education program are to be borne by the
defendant, subject to any relief from payment given by the program provider in
accordance with conditions imposed by the Attorney-General under this
subsection.
(5) Before the court
imposes a condition requiring a defendant to undertake an
intervention program, the court must satisfy itself that—
(a) the
defendant is eligible for the services to be included on the program in
accordance with applicable eligibility criteria (if any); and
(b) the
services are available for the defendant at a suitable time and place.
(6) The court may make
appropriate orders for assessment of a defendant to determine—
(a) a
form of intervention program that is appropriate for the defendant; and
(b) the
defendant's eligibility for the services included on the program,
and may release the defendant on bail on condition that the defendant
undertake the assessment as ordered.
(7) A certificate
apparently signed by—
(a) an
intervention program manager as to—
(i)
whether the services to be included on an
intervention program are available for a particular person and, if so, when
and where they will be available; or
(ii)
whether a particular person is eligible for the services
to be included on the program; or
(b) a
community corrections officer as to whether a particular person has complied
with conditions regulating the person's participation in an
intervention program,
is admissible as evidence of the matter so certified.