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Legislative Assembly for the ACT: 2000 Week 4 Hansard (30 March) . . Page.. 1227 ..
Table 2 (b): Community Service Orders: Comparison of Offence Profiles
Offence Type 8/9/1995 - 7/9/1996 31/3/1999- 1/4/2000 (by most serious offence)1. Driving causing Death; 64(14%) 66(17%)
Assault; AOABH
2. Armed Robbery/ other 7(1.5%) 7(2%)
Robbery
3. Burglary/ Break/enter 156(34%) 123(31%)
4. Property Damage 15(3%) 12(3%)
5. Offences against Justice 42(9%) 46(11.5%)
Procedures; Unlawful
Possession
6. Possession/ use/ supply/ 27(6%) 26(6.5%)
traffic of Drugs
7. Driving Offences; Drink 139(30.5%) 114(29%)
Driving Offences
8. Social Security/ Welfare 5(1%) 3(0.5%)
Table 2 (b) shows a 13% decrease in the overall numbers of Community Service Orders issued, but little change in client profile by offence type. The reason for the decrease in the number of CSO orders given by the courts is unknown.
4. For the court to sentence an offender to a Periodic Detention Centre (PDC) order, the offender must consent. The obligations and consequences of non-compliance are fully explained to the offender. The offender signs a form to consent.
ACT Corrective Services re-iterates the obligations and requirements to the offender before the offender reports to the PDC. In addition, these obligations under the Act are again explained to the offender on induction to the PDC, where the offender again signs a form acknowledging consent to perform the order. The procedures outlined in the governing Act outline penalties for non-compliance. Offenders are permitted two absences before they are breached. On each occasion, the Manager of the PDC issues a notice outlining the consequences of non-compliance to the offender. In the event that the offender does not comply with a third and final notice, breach action is initiated by the Manager of the PDC by way of application to the Magistrate's Court.
5. Upon induction, offenders are required to sign a form that includes disclosure of current address and obliges them to furnish the PDC with change of address details within 48 hours of a change of address. In the event that the detainee fails to report after the above procedures are followed, a warrant for apprehension is issued. ACT Corrective Services has no procedures in place to locate a detainee allegedly in breach of his/ her order. This is the responsibility of the Australian Federal Police.
6. In the last 12 months (31/3/1999 - 1/4/2000), 23 offenders have had their orders extended by one period, and 46 have had their orders extended by two periods.
7. In the last 12 months (31/3/1999 - 1/4/2000) subsequent leave of absence has been granted on 117 occasions, upon confirmation of a valid reason. In accordance with the Act, the Manager has the power/ discretion to grant leave of absence. The following reasons were accepted.
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