Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 70NFC

When court is empowered to make a community service order

             (1)  Subject to this section, if, under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to make a community service order in respect of a person convicted of an offence against the law of the State or Territory, a court exercising jurisdiction in the State or Territory may, under paragraph 70NFB(2)(a) make a community service order.

             (2)  A community service order made under paragraph 70NFB(2)(a):

                     (a)  is to be such that the total number of hours during which the order regulates the conduct of the person in respect of whom it is made does not exceed the maximum period in relation to the State or Territory in which the order is made; and

                     (b)  ceases to have effect 2 years after it was made, or after such lesser period as is specified in the order.

             (3)  A community service order may be an order of any of the following kinds:

                     (a)  an order known as:

                              (i)  a community service order; or

                             (ii)  a work order; or

                            (iii)  an attendance centre order; or

                            (iv)  an attendance order; or

                             (v)  a community based order;

                     (b)  an order that is similar to an order referred to in paragraph (a);

                     (c)  an order prescribed for the purposes of this paragraph.

             (4)  If a court exercising jurisdiction under section 70NFB in a particular State or Territory makes a community service order under paragraph 70NFB(2)(a), the provisions of the laws of the State or Territory with respect to a community service order that is made under those laws are, to the extent provided by the regulations and subject to such modifications as are specified in the regulations, to apply in relation to the order.

             (5)  If a court proposes to make a community service order under paragraph 70NFB(2)(a), it must, before doing so, explain to the person in respect of whom it is made, in language likely to be readily understood by the person:

                     (a)  the purpose and effect of the proposed order; and

                     (b)  the consequences that may follow if the person fails to comply with the proposed order or with any requirements made in relation to the order by or under the applied provisions; and

                     (c)  if the proposed order may be revoked or varied under the applied provisions--that the proposed order may be so revoked or varied.

             (6)  In this section:

"maximum period " , in relation to a State or Territory, means 500 hours or such lesser period as is prescribed in relation to the State or Territory.

"participating State " means a State in relation to which an agreement under section 70NFI is in force.

"participating Territory " means a Territory in relation to which an agreement under section 70NFI is in force.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback