Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 73

73 .         Programme requirement

        (1)         The purpose of a programme requirement is —

            (a)         to allow for any personal factors which contributed to the offender’s criminal behaviour to be assessed; and

            (b)         to provide an opportunity for the offender to recognise, to take steps to control and, if necessary, to receive appropriate treatment for those factors.

        (2)         The programme requirement is a requirement that the offender must obey the orders of a CCO as to —

            (a)         undergoing assessment by a medical practitioner, a psychiatrist, a psychologist or a social worker, or more than one of them and, if necessary, appropriate treatment;

            (b)         undergoing assessment and, if necessary, appropriate treatment in relation to the abuse of alcohol, drugs or other substances;

            (c)         attending educational, vocational, or personal development programmes or courses;

            (d)         residing at a specified place for the purposes of any matter in paragraph (a), (b) or (c);

            (e)         more than one of the above.

        (3)         A CCO must not order an offender to undergo treatment of any sort unless a person qualified to recommend or administer the treatment has recommended that the offender undergo such treatment.

        (4)         A person is not to administer treatment of any sort mentioned in subsection (2) to an offender without the informed consent of the offender.

        (5)         The requirements of a programme requirement imposed as part of an ISO are additional to the requirements of any other programme requirement applicable to the offender under a community order or a PSO or a sentence of CSI.

        (6)         A programme requirement ceases to be in force when a CCO gives the offender notice to that effect, or the ISO ceases to be in force, whichever happens first.

        (7)         A CCO must not give notice unless satisfied that the offender has complied with the programme requirement.

        [Section 73 amended: No. 50 of 2003 s. 8; No. 27 of 2004 s. 6(4); No. 47 of 2011 s. 26(3).]



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