Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 78

78 .         CEO may suspend requirements in case of illness etc.

        (1)         If the CEO is satisfied that an offender is ill or that there are other exceptional circumstances, the CEO —

            (a)         if the offender is subject to a community order — may permit the offender not to comply with all or any of the requirements of any primary requirement of the order for such period or periods as the CEO thinks fit; but they must not total more than 8 weeks;

            (b)         if the offender is subject to a community service requirement in a community order — may, in relation to the minimum hours requirement, permit the offender to do less than 12 hours community work in a 7 day period; the actual number of hours to be decided by the CEO but it must be at least 6 hours;

            (c)         if the offender is subject to an early release order — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit;

            (d)         if the offender is subject to a WDO — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit; but they must not total more than 8 weeks.

        (2)         The term of a community order, or the period of an early release order, is not affected by a decision under subsection (1).

        (3)         An offender’s duty under a community service requirement in a community order to do unpaid community work for a number of hours set by the court is not affected by a decision under subsection (1).

        (4)         An offender’s duty under section 50 (1) (a) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 to do community corrections activities for the required hours is not affected by a decision under subsection (1).

        (5)         In subsection (1) —

        “minimum hours requirement” —

            (a)         in relation to a community service requirement in a community order — means the requirement that the offender do at least 12 hours unpaid community work in any 7 day period;

            (b)         in relation to a parole order or a WRO — means the requirement in section 51 (a) to do the prescribed number of hours of community corrections activities in each period of 7 days;

            (c)         in relation to an HDO — means the requirement in section 61 (1) (b) to do the prescribed number of hours of community corrections activities in each period of 7 days;

            (d)         in relation to a WDO — means the requirement in section 50 (1) (b) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 to do the prescribed number of the required hours of community corrections activities in each period of 7 days.