New South Wales Consolidated Acts

FINES ACT 1996 - SECT 99I

99I Work and development guidelines

(1) The Minister administering the Crimes (Sentencing Procedure) Act 1999 may issue guidelines (not inconsistent with this Act or the regulations under this Act) for or with respect to work and development orders.

(2) Without limiting subsection (1), the guidelines may make provision for or with respect to the following matters--

(a) determining the eligibility of a person for a work and development order,

(b) the supporting evidence required in relation to any aspect of eligibility for a work and development order,

(c) the keeping of any such supporting evidence and any other documentation in relation to the carrying out of activities under work and development orders,

(d) the value of the activities that are to be undertaken under a work and development order for the purposes of satisfying the fine to which the order relates,

(e) the manner of making an application for a work and development order,

(f) the requirements for obtaining approval as an approved organisation,

(f1) the qualifications required for a social worker to be an approved person,

(g) the enrolment of health practitioners as approved persons,

(h) the revocation of the approval of approved organisations or enrolment of health practitioners as approved persons,

(i) the conditions to be complied with and the requirements to be met by approved persons, including (but not limited to) requirements for the auditing of documentation required to be kept by approved persons and for the furnishing of reports on the carrying out of activities under work and development orders.

(3) The Commissioner, approved persons and other persons exercising functions under this Subdivision are required to comply with the guidelines. However, a failure to comply with a guideline does not affect the validity of any proceedings, decision, order or warrant.

(4) Nothing in subsection (3) prevents action being taken under this Subdivision to revoke a work and development order or the approval of an approved organisation or enrolment of a health practitioner as an approved person.

(5) The guidelines are to be prepared in consultation with the Minister administering Part 8.

(6) The guidelines--

(a) may be amended or replaced, and

(b) are to be published on the NSW legislation website.