New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 329

329 Procedure for breaches of community correction orders or conditional release orders--sections 107C and 108C of the Act

(1) If a community corrections officer is satisfied that an offender has failed to comply with any of the conditions of a community correction order or conditional release order, the community corrections officer may file a report (a
"breach report" ) of the matter with the relevant court. A breach report must be in writing.

(2) The court must fix a date for the hearing of the matter, being a date that is not earlier than 14 days after, and not later than 3 months after, the date the breach report is filed.

(3) The court may vary or waive a requirement imposed by subclause (2).

(4) If the court fixes a date for the hearing, a copy of the breach report must be given to the offender not later than 5 days before the date fixed for hearing of the matter, unless the offender's whereabouts are unknown or the court decides to deal with the matter under subclause (6).

(5) For the purposes of subclause (4), the copy of the breach report may be given to the offender by the court or by a community corrections officer--

(a) by serving it or causing it to be served on the offender personally, or

(b) by sending it or causing it to be sent by post to the offender's address as last known to Community Corrections, or

(c) by email to an email address, or by other electronic means, specified by the offender for the service of documents of that kind.

(6) The court may deal with the matter with or without parties being present and in open court or in the absence of the public.

(7) The court--

(a) must cause notice of the outcome of the matter to be given to the offender, and

(b) must as soon as practicable after the matter is dealt with, cause notice of the outcome to be given to Community Corrections if the court--

(i) adds, varies or revokes a condition of a community correction order or conditional release order that is subject to a supervision condition or community service work condition, or

(ii) imposes a supervision condition on a community correction order or conditional release order or a community service work condition on a community correction order.

(8) If an order of the court imposes, adds or varies a condition, the court must take reasonable steps to explain to the offender (in language that the offender can readily understand)--

(a) the offender's obligations under the condition, and

(b) the consequences that may follow if the offender fails to comply with those obligations.

(9) An order of the court is not invalidated by a failure to comply with subclause (8).

(10) The court may vary or waive a requirement imposed by subclause (7)(a) or (8).

(11) Nothing in this clause purports to prevent a court from dealing with a suspected breach if a breach report has not been filed.