Crimes (Administration of Sentences) Regulation 2008
Chapter 4 Home detention
200 Standard conditions applying to home detention
For the purposes of section 103 (1) (a) of the Act, the following are standard conditions of home detention:(a) the home detainee must be of good behaviour and must not commit any offence,(b) the home detainee must advise a supervisor if he or she is arrested or detained by a police officer,(c) the home detainee must reside only at premises approved by a supervisor,(d) the home detainee must remain at the approved residence at all times otherwise than:(i) when engaged in activities approved or arranged by a supervisor, or(ii) when faced with immediate danger (such as in a fire or medical emergency),(e) the home detainee must adhere to an approved activity plan during approved absences from the approved residence,(f) the home detainee must advise a supervisor as soon as practicable after leaving the approved residence due to immediate danger,(g) the home detainee must submit to searches of places or things under his or her immediate control, as directed by a supervisor,(h) the home detainee must submit to electronic monitoring of his or her compliance with the home detention order, and must comply with all instructions given by a supervisor in relation to the operation of monitoring systems,(i) the home detainee must not tamper with, damage or disable monitoring equipment,(j) the home detainee must comply with any direction of the supervisor in relation to association with specified persons,(k) the home detainee must not consume alcohol,(l) the home detainee must not use prohibited drugs, obtain drugs unlawfully or abuse drugs lawfully obtained,(m) the home detainee must submit to breath testing, urinalysis or other medically approved test procedures for detecting alcohol or drug use, as directed by a supervisor,(n) the home detainee must authorise his or her medical practitioner, therapist or counsellor to provide information about the home detainee to a supervisor,(o) the home detainee must accept any direction of a supervisor in relation to the maintenance of or obtaining of employment,(p) the home detainee must inform any employer of the home detention order and, if so directed by a supervisor, of the nature of the offence that occasioned it,(q) the home detainee must authorise contact between any employer of the home detainee and a supervisor,(r) the home detainee must engage in personal development activities or in counselling or treatment programs, as directed by a supervisor,(s) when not otherwise employed, the home detainee must undertake community service work (not exceeding 20 hours per week), as directed by a supervisor,(t) the home detainee must not possess or have in his or her control any firearm or other offensive weapon,(u) the home detainee must comply with all reasonable directions of a supervisor.
201 Information to be recorded in relation to home detainees
(1) As soon as practicable after a person becomes a home detainee, there must be recorded in relation to the detainee:(a) such of the information referred to in Schedule 1 as is relevant to the detainee, and(b) such other information as the Commissioner considers appropriate to be recorded.(2) A home detainee must not furnish any information for the purposes of this clause knowing it to be false or misleading in a material particular.Maximum penalty: 5 penalty units.
202 Sanctions for breach of home detention order
For the purposes of section 106 (b) of the Act, an offender’s failure to comply with his or her obligations under a home detention order may be dealt with by a supervisor imposing any of the following sanctions:(a) a formal warning,(b) a more stringent application of the conditions of home detention in accordance with the terms of those conditions, such as:(i) a reduction in the extent of planned or previously permitted out-of-residence activities,(ii) further restrictions on association with other persons.
203 Preparation and adoption of case plans
(1) The Commissioner may require a case plan to be prepared in relation to any offender or class of offenders, and may adopt any case plan so prepared.(2) A case plan is to be prepared in accordance with such guidelines as may be established from time to time by the Commissioner.(3) Subject to subclause (4), any decision under this Chapter that is made in relation to an offender for whom a case plan has been adopted under this clause is to be made in accordance with that plan.(4) Nothing in this clause authorises any such decision to limit any conditions that apply to an offender’s home detention.