Western Australian Current Acts

SENTENCE ADMINISTRATION ACT 2003 - SECT 76

76 .         Offender’s obligations

        (1)         In this section and section 77 —

        offender means an offender who is subject to a pre-sentence order or a community corrections order.

        (2)         An offender must comply with the lawful orders or directions of any CCO.

        (3)         An offender who under a community corrections order is required —

            (a)         to do community work —

                  (i)         must do such community work as the manager of a centre determines and directs; and

                  (ii)         must do that work to the satisfaction of the person supervising the work;

            (b)         to do community corrections activities —

                  (i)         must do such community corrections activities as the manager of a centre determines and directs; and

                  (ii)         must do those activities to the satisfaction of the person supervising them.

        (4)         An offender who under a pre-sentence order or a community corrections order is at a centre, or is doing community work or community corrections activities, or is performing any requirement of a programme requirement applicable to the offender —

            (a)         must not be in possession of, use, or be under the influence of alcohol, a drug (other than a drug prescribed for him or her), glue, petrol or any other substance capable of adversely affecting a person; and

            (b)         must, if so directed by the manager of a centre, submit to testing for any substance referred to in paragraph (a); and

            (c)         must not disturb or interfere with another offender doing anything under a community corrections order; and

            (d)         must not commit any act or omission of insubordination or misconduct that is subversive of the good order or management of a centre or of the conduct of anything required to be done under a community corrections order; and

            (e)         must not assault, threaten, insult or use abusive language to a member of the departmental staff; and

            (f)         must comply with any prescribed obligations; and

            (g)         must comply with any written instructions issued by the CEO under section 86.

        (5)         A CCO is to ensure, so far as is practicable, that orders given to an offender do not —

            (a)         conflict with the offender’s religious or cultural beliefs; or

            (b)         result in interference with the times, if any, when the offender normally works or attends an educational or vocational training establishment.

        [Section 76 amended: No. 65 of 2006 s. 43(1).]