It is a standard condition of a Community Correction Order that an offender must not commit any further offences for the duration of the Order, and the offender must appear before a court if called upon to do so.

Additional conditions can also be imposed, which include:

1. A curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours),
2. A community service work condition for a specified number of hours (not exceeding 500 hours, or the number of hours prescribed by the Regulations in respect of the class of offences to which the relevant offence belongs, whichever is the lesser),
3. A condition requiring the offender to participate in a rehabilitation program or to receive treatment,
4. A condition requiring abstention from alcohol and/or drugs,
5. A non-association condition,
6. A place restriction condition prohibiting the frequenting of, or visits to, a particular place or area,
7. A supervision condition requiring the offender to submit to supervision by a Community Corrections Officer,
8. Any other condition that the court considers appropriate.

A person will be in breach of a Community Correction Order if they are charged with committing a further offence, or detected for failing to comply with an additional condition, while the Order is in place.

If a Court believes a breach has occurred, then the court can call upon the offender to appear before the Court. If the offender is called upon and fails to appear at Court on the specified date, then a warrant can be issued for the person’s arrest. It is therefore imperative that a Court registry is notified of any change in residential address during the period that the Community Correction Order is in place.

In dealing with the breach, the Court can make one of the following decisions:

1. Take no action on the breach; or
2. Vary or revoke any of the additional conditions, or impose further additional conditions; or
3. Revoke the order and re-sentence the offender.

Before deciding which action to take, the court may order a Sentence Assessment Report.

If the Community Correction Order is revoked, the court may re-sentence the offender and impose a more serious sentence, such as an Intensive Correction Order or Full Time Custody.

Alternatively, the court may re-sentence the offender to another Community Correction Order, with varied or further additional conditions.

If you believe you may have breached your Community Correction Order, contact one of our criminal lawyers for advice and a free initial consultation on (02) 9025 9888.

If you have breached a Conditional Release Order instead of a Community Correction Order, see our page on breach of Conditional Release Order.