New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 189

189 Obligations under home detention condition (ICO)

(1) For the purposes of section 82 of the Act, an offender who is subject to a home detention condition of an intensive correction order has the following obligations--

(a) to remain at the offender's address at all times otherwise than--

(i) when engaged in activities approved by a community corrections officer, or

(ii) when faced with immediate danger (for example, in a fire or medical emergency),

(b) to submit a schedule of proposed activities for approval by a community corrections officer,

(c) to comply with all reasonable directions of a community corrections officer about giving consent to third parties providing information to that or another community corrections officer for the purpose of checking compliance with the approved activities,

(d) to submit to electronic monitoring,

(e) to comply with all reasonable directions of a community corrections officer or electronic monitoring officer in relation to the electronic monitoring of the offender,

(f) not to remove or tamper with, damage or disable electronic monitoring equipment,

(g) not to possess or have in the offender's control any firearm or any prohibited weapon (within the meaning of the Weapons Prohibition Act 1998 ), unless approval is granted by a community corrections manager.

Note : Under the Firearms Act 1996 it is an offence to possess or use a firearm unless authorised to do so by licence or permit in force under that Act. Under the Weapons Prohibition Act 1998 it is an offence to possess or use a prohibited weapon unless authorised to do so by permit in force under that Act.

(2) The provisions of subclause (1) apply to an offender who is subject to a condition of home detention (for a period of up to 30 days) imposed by the Parole Authority under section 164 of the Act in the same way as they apply to an intensive correction order that is subject to a home detention condition.

Note : The purpose of subclause (2) is to provide that the obligations under subclause (1) in relation to a home detention condition apply also in relation to a condition of home detention imposed by the Parole Authority under section 164 of the Act. See section 164(5) of the Act.