South Australian Numbered Acts South Australian Numbered Acts47—Community service and approved treatment program orders may be enforced by imprisonment
(1) Subject to this section, an order under section 46 requiring community service or the completion of an approved treatment program is enforceable by imprisonment in default of compliance.
(2) The term of imprisonment to be served in default of compliance with an order requiring community service will be—
(a) a term calculated on the basis of 1 day for each 7.5 hours of community service remaining to be performed under the order; or
(b) 12 months,
whichever is the lesser.
(3) The term of imprisonment to be served in default of compliance with an order requiring the completion of an approved treatment program will be determined in accordance with the method set out in the regulations.
(4) If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring performance of community service or the completion of an approved treatment program, the court may—
(a) issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why a warrant of commitment should not be issued against the person for the default; or
(b) issue a warrant for the person's arrest.
(5) If a person fails to appear before the court as required by a notice issued under subsection (4), the court may issue a warrant for the person's arrest.
(6) If the court is satisfied that the person has failed to comply with the order requiring performance of community service or the completion of an approved treatment program—
(a) the court may issue a warrant of commitment for the appropriate term of imprisonment fixed in accordance with subsection (2) or (3) (as appropriate); but
(b) if the person is a youth, the court may, instead of taking action under paragraph (a), make an order for home detention for a period fixed on the same basis.
(7) The court may, on issuing a warrant under subsection (6), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person.
(8) Despite subsection (6), if the court is satisfied that the failure of a person to comply with an order requiring performance of community service or the completion of an approved treatment program was trivial or that there are proper grounds on which the failure should be excused, the court—
(a) may refrain from issuing a warrant of commitment; and
(b) may—
(i) extend the term of the order by such period, not exceeding 6 months, as the court thinks necessary for the purpose of enabling the person to perform the remaining hours of community service (if any) or complete the approved treatment program; or
(ii) if the order has expired, impose a further order, for a term not exceeding 6 months, requiring the person to perform the number of hours of community service unperformed under the previous order or complete the approved treatment program; or
(iii) in the case of an order requiring performance of community service—cancel the whole or a number of the unperformed hours of community service under the order; or
(iv) in the case of an order requiring the completion of an approved treatment program—cancel the requirement for the person to complete any uncompleted part of the program.
(9) However, if the court is satisfied that a person who has failed to comply with the order requiring performance of community service or the completion of an approved treatment program has the means to pay a fine without the person or the person's dependants suffering hardship, the court may—
(a) revoke the order; and
(b) impose a fine not exceeding the maximum fine that may be imposed for the offence in respect of which the order was made (or, if the order was made in respect of more than 1 offence—the total of the maximum fines that may be imposed for the offences).
(10) In imposing a fine under subsection (9), the court must take into account (as appropriate)—
(a) the number of hours of community service (if any) that the person performed under the revoked order; or
(b) the extent (if any) to which the person has participated in the approved treatment program in accordance with the revoked order.
"Note—"
Part 8 had not come into operation at the date of the publication of this version.