Division 5Division 5 Community service orders
Enforcement action may be taken against a fine defaulter under this Division if:(a) the fine defaulter has not paid the fine as required by the notice of the fine enforcement order served on the fine defaulter, and(b) enforcement action under Division 4 has not been or is unlikely to be successful in satisfying the fine.
79 Making of community service order against fine defaulter
(1) The State Debt Recovery Office may make a community service order requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid.(2) The State Debt Recovery Office may make the order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.(3) The State Debt Recovery Office is not to make an order if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work.(4) The order may be made in the absence of, and without notice to, the fine defaulter.(5) The order may be made before the execution of a warrant under Division 4 and in anticipation that enforcement action may not be successful under that Division in satisfying the fine. The order is not to be served if that enforcement action is successful.(6) Subject to this Division:(a) Divisions 1 and 4 of Part 7 (other than sections 92 and 93) of the Crimes (Sentencing Procedure) Act 1999, and(b) Part 5 of the Crimes (Administration of Sentences) Act 1999 and any regulations made for the purposes of that Part,apply to a community service order under this section in the same way as they apply to a community service order under section 8 of the Crimes (Sentencing Procedure) Act 1999.(6A) Subject to this Division, section 11 of the Children (Community Service Orders) Act 1987 applies to a community service order under this Act requiring a fine defaulter to perform community service work in relation to a graffiti offence within the meaning of that Act in the same way as it applies to a community service order under that Act.Note. Section 11 of the Children (Community Service Orders) Act 1987 requires a community service order to require the offender to perform graffiti clean up.(7) In the application of the provisions referred to in subsections (6) and (6A) to a community service order under this section, a reference in those provisions to a court is taken to be a reference to the State Debt Recovery Office.(8) A community service order is to be in the approved form.
80 Service and notice of order
(1) As soon as practicable after making a community service order under this Division, the State Debt Recovery Office must cause a copy of the order and written notice of the order to be served on the fine defaulter.(2) The notice must be in the approved form and must include the following information:(a) the place at which, or person to whom, the fine defaulter must present himself or herself, in person, for the purpose of enabling the administration of the order to be commenced,(b) the period within which the fine defaulter must present himself or herself.(3) Three copies of the notice must be served on the fine defaulter.(4) The fine defaulter must sign 3 copies of the notice in the presence of the person by whom it was served. Of the copies:(a) one is to be kept by the fine defaulter, and(b) one is to be served by the person who served the notice on the fine defaulter on the Commissioner of Corrective Services or the Director-General of the Department of Juvenile Justice, whichever is appropriate, and is to be kept by the Commissioner or Director-General, as appropriate, and(c) one is to be served by that person on, and kept by, the State Debt Recovery Office.(5) A community service order is not invalidated by a failure to comply with this section or section 80A.
80A Provisions relating to service of orders and notice
(1) The community service order and notice may be served on the fine defaulter only in accordance with the directions of the State Debt Recovery Office.(2) The order and 3 copies of the notice are to be served personally on the fine defaulter by the Sheriff or the Sheriff’s officers or by a court bailiff authorised by the Sheriff.(3) The person who serves a community service order under this Division is required to explain the order to the fine defaulter on whom it is served.(4) The explanation is to be given in a language likely to be understood by the fine defaulter and is to include information as to the following matters:(a) the requirements to be complied with by the fine defaulter under the order,(b) the consequences that may follow if the fine defaulter fails to comply with those requirements,(c) the fact that the order may be satisfied by payment of such part of the fine as has not been satisfied by the performance of community service work under the order.
81 Number of hours of community service work
(1) The number of hours of community service work, specified in a community service order made under this Division, to be served by the fine defaulter is to be calculated at the rate of 1 hour for each $15 of the amount of the fine that remains unpaid.(2) The number of hours specified in any one order must not exceed 300 hours (in the case of an adult) or 100 hours (in the case of a child). The fine defaulter may be subject to more than one order under this Division at any one time.(3) The number of hours specified in any one order is additional to any number of hours of community service work required to be performed by any other order under this Division or otherwise than under this Division. Accordingly, the total number of hours that a person may be required to perform at any one time under another Act does not apply to any hours required to be worked by an order under this Division.(3A) In the case of a person who is a child at the time a community service order is made under this Division, community service work may be performed concurrently for the purposes of that order and for the purposes of any other community service order made under this Division or otherwise than under this Division.(4) The regulations may increase the amount of $15 mentioned in this section and section 83. If the regulations do so, the reference to the amount of $15 in those sections is to be construed as a reference to that increased amount.(5) In this section:adult means a person who is of or above the age of 18 years.
child means a person who is under the age of 18 years.
82 Satisfaction of orders by payment
If a fine defaulter who is subject to a community service order under this Division duly pays the fine (or the unsatisfied balance of the fine having regard to the number of hours of community service work already performed) the order is taken to be satisfied.Note. The writing off of the fine or the remission of the fine also operates as payment for the purpose of cancelling enforcement action—see sections 101 and 123. The amount of the fine includes enforcement costs—see section 57 (4).
83 Satisfaction of fine by community service
(1) When a fine defaulter who is subject to a community service order under this Division duly complies with the order, the fine concerned is taken to be satisfied.(2) When a fine defaulter who is subject to a community service order under this Division duly serves part of the number of hours of community service work to be served under the order, the fine concerned is taken to be satisfied by the amount calculated at the rate of $15 for each hour of community service work actually served.
84 Suspension of orders during imprisonment or detention
(1) If a fine defaulter who is subject to a community service order under this Division is imprisoned while the order is in force, the order is suspended during that period of imprisonment. The period that the order is to be in force is extended, and not reduced, by the period that the order is suspended.(2) A fine defaulter is imprisoned for the purposes of this section if the fine defaulter is:(a) in a correctional centre on remand or pursuant to a sentence of imprisonment, or(b) in a detention centre (within the meaning of the Children (Detention Centres) Act 1987) on remand or pursuant to a detention order.
85 Provisions relating to orders
(1) An appeal does not lie in respect of the making of a community service order under this Division or the failure to make such an order.(2), (3) (Repealed)Note. Provisions of the Children (Community Service Orders) Act 1987 apply to the order if the fine defaulter is a person to whom that Act applies. In any other case, provisions of Part 5 of the Crimes (Administration of Sentences) Act 1999 apply to the order.
86 Revocation of community service order
(1) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied that the fine defaulter who is subject to the order has failed, without reasonable excuse, to comply with the order or the requirements imposed with respect to the order by or under the Crimes (Administration of Sentences) Act 1999 or the Children (Community Service Orders) Act 1987 as the case requires.(2) The State Debt Recovery Office is not to revoke an order under subsection (1) unless the relevant assigned officer (within the meaning of that Act) has reported the breach to the Office. The Office may decide not to revoke an order following the report of a breach of the order to the Office.(3) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied, following a report by the assigned officer, that the fine defaulter is not capable of performing work under the order or is otherwise not suitable to be engaged in such work.(4) The State Debt Recovery Office may, when revoking an order, also revoke other community service orders that have been made against the fine defaulter.(5) Notice of the revocation is to be served on the fine defaulter. The notice may be served in the same way as notice of a fine enforcement order may be served.(6) The fine defaulter may, within the time specified in the notice, apply in writing to the State Debt Recovery Office for a review of the revocation. The Office may, if satisfied that the order was not breached or that the breach should be excused, reverse its decision to revoke the community service order.(7) The revocation of a community service order does not take effect:(a) until the expiry of the period during which an application for review of the revocation may be made, or(b) if an application for review is duly made—unless and until the application is refused.(8) The revocation of an order (or the review of any such revocation) may be made or held in the absence of, and without notice to, the fine defaulter.(9) A decision of the State Debt Recovery Office under this section is (subject to this section) final and is not subject to appeal.