South Australian Numbered Acts South Australian Numbered Acts46—Community service and approved treatment program orders
(1) If the Court is satisfied that a debtor or alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy a monetary amount owed by the debtor or alleged offender without the debtor or alleged offender, or the dependants of the debtor or alleged offender, suffering hardship, the Court may, on application by the Chief Recovery Officer, make either or both of the following orders in relation to the debtor or alleged offender:
(a) a community service order;
(b) an order requiring the debtor or alleged offender to complete an approved treatment program.
(2) The Chief Recovery Officer may not make an application to the Court under subsection (1) in relation to a pecuniary sum that comprises or includes an amount of compensation unless the Chief Recovery Officer has given written notification of the Officer's intention to make the application to the person to whom the compensation is payable.
(3) If a community service order is made by the Court under this section, the following provisions apply:
(a) the number of hours of community service to be performed by the debtor or alleged offender is—
(i) if the monetary amount is equal to or less than the prescribed unit—7.5 hours; or
(ii) if the monetary amount exceeds the prescribed unit—7.5 hours for each prescribed unit of the monetary amount and for any fraction left after dividing the sum by that unit;
(b) the debtor or alleged offender must not, during the period for which the order applies, leave the State for any reason except in accordance with the written permission of the Chief Recovery Officer.
(4) The Chief Recovery Officer must give the debtor or alleged offender a notice specifying—
(a) the number of hours of community service to be performed in accordance with subsection (3)(a); and
(b) the requirement set out in subsection (3)(b); and
(c) any other matter prescribed by regulation.
(5) The requirements specified in subsection (3) apply and are enforceable as if they were terms of the order under subsection (1).
(6) A court may not make an order requiring a debtor or alleged offender to complete an approved treatment program unless the court is satisfied that—
(a) the debtor or alleged offender 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 debtor or alleged offender at a suitable time and place.
(7) Subject to this section, the following provisions of the Sentencing Act 2017 apply to an order for community service under this section as if it were a sentence of community service:
(a) section 104;
(b) section 105(1)(c) to (l) (inclusive) and (2);
(c) section 106;
(d) section 107;
(e) section 108;
(f) section 110;
(g) section 111;
(h) section 112.
(8) Part 6 of the Young Offenders Act 1993 and sections 44 to 46 (inclusive) of the Youth Justice Administration Act 2016 apply, with necessary modifications, in relation to an order under this section made in relation to a youth as if it were an order for community service under the Young Offenders Act 1993 .
(9) The monetary amount to which a community service order relates is reduced by 1 prescribed unit for each 7.5 hours of community service performed under the order.
(10) If, while a community service order is in force, part of the monetary amount to which it relates is paid, the number of hours of community service to be performed under the order will be reduced by a proportionate amount.
(11) However, if the Court, on application by the Chief Recovery Officer at any time, is satisfied that a person subject to an order under this section has the means to pay a monetary amount without the person or the person's dependants suffering hardship, the Court may—
(a) revoke the order; and
(b) order the restoration of the monetary amount in respect of which the order was made (and for the purposes of taking enforcement action against the person, the monetary amount so restored is to be treated as having been imposed on the day on which the Court makes an order under this paragraph).
(12) In restoring a monetary amount under subsection (11), the Court must take into account the number of hours of community service (if any) that the person performed, and the time spent by the person in an approved treatment program, under the revoked order.
(13) If a debtor or alleged offender complies with an order under this section requiring the completion of an approved treatment program, then the monetary amount outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection.
(14) The Court may make appropriate orders for assessment of a debtor or alleged offender to determine—
(a) a form of approved treatment program that is appropriate for the debtor or alleged offender; and
(b) the eligibility of the debtor or alleged offender for the services included on the program.
(15) A certificate apparently signed by—
(a) an approved treatment program manager as to—
(i) whether the services to be included on an approved treatment 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 case manager as to whether a particular person has complied with conditions regulating the person's participation in an approved treatment program,
is admissible as evidence of the matter so certified.