Supervision of Offenders (Community Service Orders) Act 1985 (ACT)
Supervision of Offenders (Community Service Orders) Act 1985 (repealed)
A1985-10
Republication No 5
Effective: 2 June 2006
Republication date: 2 June 2006
As repealed by A2006-23 s 6 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Supervision of Offenders (Community Service Orders) Act 1985 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 June 2006.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Supervision of Offenders (Community Service Orders) Act 1985 (repealed)
Contents
Page
Short title 2
Definitions for Act 2
Community corrections officers 2
Supervisors 3
Performance and supervision of work 3
Periods in which work to be performed 4
Transport for offender 5
Cessation of work 5
Certificate of discharge 6
Endnotes
About the endnotes 7
Abbreviation key 7
Legislation history 8
Amendment history 9
Earlier republications 10
Supervision of Offenders (Community Service Orders) Act 1985 (repealed)
An Act relating to the supervision of persons in respect of whom community service orders have been made
Short title
This Act may be cited as the Supervision of Offenders (Community Service Orders) Act 1985.
Definitions for Act
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
community corrections officer means a community corrections officer under section 4.
community service order means an order made by a court under the Crimes Act, section 408.
Crimes Act means the Crimes Act 1900.
offender means a person in respect of whom a community service order is in force.
supervisor means a supervisor under section 5.
Community corrections officers
(1)There may be 1 or more community corrections officers for this Act and the Crimes Act, part 19.
(2)The chief executive shall create and maintain 1 or more offices in the public service the duties of which include the performance of the functions of a community corrections officer.
(3)A community corrections officer shall be any public servant for the time being performing the duties of a public service office referred to in subsection (2).
Supervisors
(1)There may be 1 or more supervisors for this Act and the Crimes Act, part 19.
(2)The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of a supervisor.
(3)A supervisor is any public servant for the time being performing the duties of a public service office referred to in subsection (2).
Performance and supervision of work
(1)Subject to this section, a community corrections officer may give directions to an offender with regard to the performance of work by the offender under the relevant community service order or to the conduct of the offender while doing that work.
(2)The work that an offender may be required to perform under a community service order shall be of a nature that is useful to the community.
(3)Before giving directions to an offender under subsection (1), a community corrections officer shall consult the offender in relation to the nature of the work to be performed by the offender under the relevant community service order.
(4)When giving directions to an offender under subsection (1), a community corrections officer shall—
(a)take into account the religious beliefs of the offender; and
(b)take into account any matters raised by the offender in the course of consultation under subsection (3); and
(c)as far as practicable, avoid any interference with the offender’s normal work or attendance at an educational establishment.
(5)Where a community corrections officer has directed an offender to work under the supervision of a supervisor, the supervisor shall, as far as practicable, ensure that the offender works under the relevant community service order and in accordance with any directions given to the offender by the community corrections officer.
(6)A community corrections officer shall not direct an offender to work under the supervision of a supervisor who would in any way, other than as a member of the community or as a member of a group within the community, benefit by the work to be done by the offender under the relevant community service order.
(7)A supervisor may, and shall when requested to do so by the relevant community corrections officer, report to that officer on any matter relating to—
(a)the performance of work under the relevant community service order by an offender who has been placed under the supervision of the supervisor; and
(b)the conduct of the offender while doing that work.
Periods in which work to be performed
(1)Subject to this section, an offender shall be taken to be complying with a community service order if he or she works according to directions given by a community corrections officer under section 6 for a period of 8 consecutive hours on 1 day in each week until he or she has worked the number of hours specified in the relevant community service order.
(2)For subsection (1), 1 rest period not exceeding 45 minutes and 2 other rest periods each not exceeding 10 minutes taken by an offender during the period of 8 consecutive hours referred to in that subsection shall be taken to have been time spent working under the relevant community service order.
(3)A community corrections officer shall excuse an offender from working for any period during which the offender would, but for this subsection, have been required to work under the relevant community service order if—
(a)the offender produces or causes to be produced to the officer a certificate by a duly qualified medical practitioner to the effect that the offender is, because of his or her illness or injury, unable to work for that period; or
(b)for any other reason, it is, in the opinion of the officer, impracticable or unreasonable that the offender be required to work for that period.
(4)Where an offender is excused under subsection (3) from work for a period, that period shall not be taken to have been worked by the offender under the relevant community service order.
Transport for offender
(1)Where a community corrections officer is satisfied that suitable transport is not available to convey an offender to or from the place where he or she has been directed to report for work, he or she may provide the offender with transport to or from that place or for any part of the journey to or from that place.
(2)Where an offender, in accordance with the directions of a community corrections officer, reports to a supervisor for work and is then transported to a place of work, the time taken to transport him or her to and from the place of work shall be taken to be part of the period of work.
Cessation of work
(1)Where, on any day, an offender has commenced to perform work under a community service order and, as a result of inclement weather, the illness of, or injury to, the offender or for any other reason, it becomes impracticable or unreasonable that the offender be required to continue to work, the supervisor shall instruct the offender to cease work for the rest of that day or for such period as the supervisor considers reasonable in the circumstances.
(2)Any period during which an offender did not work as the result of an instruction given by a supervisor under subsection (1) shall be taken to have been a period during which the offender worked under the relevant community service order.
Certificate of discharge
(1)Where a person has discharged a community service order that was in force in respect of him or her, the Minister shall, on application by the person, cause a certificate to the effect that the offender has discharged the order to be issued to him or her.
(2)For subsection (1), an offender shall be taken to have discharged a community service order if he or she has worked, or is, under this Act, to be taken to have worked, under the order for the number of hours specified in the order.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Supervision of Offenders (Community Service Orders) Ordinance 1985 No 10 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Legislation before becoming Territory enactment
Supervision of Offenders (Community Service Orders) Act 1985 No 10
notified 8 March 1985
commenced 12 August 1985 (s 2 and Cwlth Gaz 1985 No S313)as amended by
Supervision of Offenders (Community Service Orders) (Amendment) Ordinance 1985 No 64
notified 12 December 1985
commenced 12 December 1985Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S164)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Gaz 1989 No S164)Legislation after becoming Territory enactment
Workers’ Compensation (Consequential Amendments) Act 1991 No 106 sch
notified 15 January 1992 (Gaz 1992 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
sch commenced 22 January 1992 (s 2 (2) and Gaz 1992 No S9)Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2)) and Gaz 1994 No S293)
Legislation (Consequential Amendments) Act 2001 No 44 pt 374
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 374 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Workers Compensation (Acts of Terrorism) Amendment Act 2002 No 22 pt 1.5
notified LR 28 June 2002
s 1, s 2 commenced 28 June 2002 (LA s 75)
pt 1.5 commenced 1 July 2002 (s 2)as repealed by
Sentencing Legislation Amendment Act 2006 A2006-23 s 6 (1)
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
s 6 (1) commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)Amendment history
Commencement
s 2 om 2001 No 44 amdt 1.3956
Definitions for Act
s 3def authorised officer om 1994 No 97 sch pt 1
def community correction officer ins 1994 No 97 sch pt 1
def Crimes Act sub 1994 No 97 sch pt 1
def supervisor sub 1994 No 97 sch pt 1
Community corrections officers
s 4am 1989 No 38 sch 1
sub 1994 No 97 sch pt 1
Supervisors
s 5sub 1994 No 97 sch pt 1
Performance and supervision of work
s 6am 1985 No 64 s 2; 1994 No 97 sch pt 1; ss and pars renum R3 LA
Periods in which work to be performed
s 7am 1994 No 97 sch pt 1
Transport for offender
s 8am 1994 No 97 sch pt 1
Compensation
s 10am 1989 No 38 sch 1; 1991 No 106 sch
om 2002 No 22 amdt 1.7
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Ord 1989 No 38 31 August 1991 2 Act 1994 No 97 31 December 1997 3 Act 2001 No 44 8 February 2002 4 A2002-22 1 July 2002
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