Australian Capital Territory

supervision of offenders (community service orders) act 1985
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 December 1997
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Community Corrections Officers
	5.	Supervisors
	6.	Performance and supervision of work
	7.	Periods in which work to be performed
	8.	Transport for offender
	9.	Cessation of work
	10.	Compensation
	11.	Certificate of discharge

An Act relating to the supervision of persons in respect of whom community service orders have been made
Short title
1.  This Act may be cited as the Supervision of Offenders (Community Service Orders) Act 1985.1
Commencement
2.  This Act shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.1
Interpretation
3.  In this Act, unless the contrary intention appears—
“Community Corrections Officer” means a Community Corrections Officer under section 4;
“community service order” means an order made by a court pursuant to section 556G of the Crimes Act;
“Crimes Act” means the Crimes Act 1900;
“offender” means a person in respect of whom a community service order is in force;
“supervisor” means a supervisor under section 5.
Community Corrections Officers
4.  (1)  There may be 1 or more Community Corrections Officers for the purposes of this Act and Part XVA of the Crimes Act.
(2)  The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include the performance of the functions of a Community Corrections Officer.
(3)  A Community Corrections Officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
Supervisors
5.  (1)  There may be 1 or more supervisors for the purposes of this Act and Part XVA of the Crimes Act.
(2)  The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a supervisor.
(3)  A supervisor is any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
Performance and supervision of work
6.  (1)  Subject to this section, a Community Corrections Officer may give directions to an offender with regard to the performance of work by the offender pursuant to the relevant community service order or to the conduct of the offender while doing that work.
(2)  The work that an offender may be required to perform under a community service order shall be of a nature that is useful to the community.
(2A)  Before giving directions to an offender pursuant to subsection (1), a Community Corrections Officer shall consult the offender in relation to the nature of the work to be performed by the offender pursuant to the relevant community service order.
(3)  When giving directions to an offender pursuant to subsection (1), a Community Corrections Officer shall—
	(a)	take into account the religious beliefs of the offender;
	(aa)	take into account any matters raised by the offender in the course of consultation pursuant to subsection (2A); and
	(b)	as far as practicable, avoid any interference with the offender’s normal work or attendance at an educational establishment.
(4)  Where a Community Corrections Officer has directed an offender to work under the supervision of a supervisor, the supervisor shall, as far as practicable, ensure that the offender works pursuant to the relevant community service order and in accordance with any directions given to the offender by the Community Corrections Officer.
(5)  A Community Corrections Officer shall not direct an offender to work under the supervision of a supervisor who would in any way, other than as a member of the community or as a member of a group within the community, benefit by the work to be done by the offender pursuant to the relevant community service order.
(6)  A supervisor may, and shall when requested to do so by the relevant Community Corrections Officer, report to that officer on any matter relating to—
	(a)	the performance of work under the relevant community service order by an offender who has been placed under the supervision of the supervisor; and
	(b)	the conduct of the offender while doing that work.
Periods in which work to be performed
7.  (1)  Subject to this section, an offender shall be taken to be complying with a community service order if he or she works according to directions given by a Community Corrections Officer under section 6 for a period of 8 consecutive hours on 1 day in each week until he or she has worked the number of hours specified in the relevant community service order.
(2)  For the purposes of subsection (1), 1 rest period not exceeding 45 minutes and 2 other rest periods each not exceeding 10 minutes taken by an offender during the period of 8 consecutive hours referred to in that subsection shall be taken to have been time spent working pursuant to the relevant community service order.
(3)  A Community Corrections Officer shall excuse an offender from working for any period during which the offender would, but for this subsection, have been required to work pursuant to the relevant community service order if—
	(a)	the offender produces or causes to be produced to the officer a certificate by a duly qualified medical practitioner to the effect that the offender is, because of his or her illness or injury, unable to work for that period; or
	(b)	for any other reason, it is, in the opinion of the officer, impracticable or unreasonable that the offender be required to work for that period.
(4)  Where an offender is excused under subsection (3) from work for a period, that period shall not be taken to have been worked by the offender pursuant to the relevant community service order.
Transport for offender
8.  (1)  Where a Community Corrections Officer is satisfied that suitable transport is not available to convey an offender to or from the place where he or she has been directed to report for work, he or she may provide the offender with transport to or from that place or for any part of the journey to or from that place.
(2)  Where an offender, in accordance with the directions of a Community Corrections Officer, reports to a supervisor for work and is then transported to a place of work, the time taken to transport him or her to and from the place of work shall be taken to be part of the period of work.
Cessation of work
9.  (1)  Where, on any day, an offender has commenced to perform work pursuant to a community service order and, as a result of inclement weather, the illness of, or injury to, the offender or for any other reason, it becomes impracticable or unreasonable that the offender be required to continue to work, the supervisor shall instruct the offender to cease work for the rest of that day or for such period as the supervisor considers reasonable in the circumstances.
(2)  Any period during which an offender did not work as the result of an instruction given by a supervisor under subsection (1) shall be taken to have been a period during which the offender worked pursuant to the relevant community service order.
Compensation
10.  (1)  In this section—
“Compensation Act” means the Workers’ Compensation Act 1951;
“overtime” has the same meaning as in the Compensation Act.
(2)  While an offender is working pursuant to a community service order, the Compensation Act applies in relation to the offender as if—
	(a)	the offender, in so working, were employed by the Territory under a contract of service;
	(b)	paragraphs (b) and (c) of the definition of “worker” in subsection 6 (1) of the Compensation Act were omitted;
	(c)	for subparagraph 1 (c) (i) of Schedule 1 to the Compensation Act there were substituted the following subparagraph:
	“(i)	of the amount referred to in subparagraph (b) (i); or”; and
	(d)	subparagraphs 2 (b) (i) and (ii) of Schedule 1 to the Compensation Act were omitted.
(3)  Notwithstanding clause 1A of Schedule 1 to the Compensation Act, for the purposes of the application of that Act in accordance with subsection (2), the prescribed amount applicable to an offender in respect of a week, for the purposes of paragraph 1 (b) of that Schedule is—
	(a)	in the case of an offender who, immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose—
	(i)	was carrying on a business or profession on his or her own account; or
	(ii)	was unemployed and was not carrying on a business or profession on his or her own account but who, at any time during the period of 12 months ending immediately before the day on which that liability arose, was employed or was carrying on a business or profession on his or her own account;
the amount calculated by dividing by 52 the amount that is equal to the income of the offender during the period of 12 months ending immediately before the day on which that liability arose;
	(b)	in the case of an offender who was unemployed immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose, not being an offender referred to in paragraph (a)—nil; and
	(c)	in any other case—an amount equal to the income of the offender in respect of the period of 7 days ending immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose.
(4)  A reference in paragraph (3) (c) to income, in relation to an offender, shall not be read as including a reference to—
	(a)	a payment in respect of overtime;
	(b)	an allowance that is intermittent or is payable in respect of special expenses incurred or likely to be incurred by the offender; or
	(c)	where the offender had more than 1 occupation during the period of 7 days referred to in that paragraph—income derived by him or her from an occupation other than his or her principal occupation.
(5)  Where—
	(a)	the Territory would, but for this subsection, be liable under the Compensation Act to pay an amount of compensation to, or in respect of, an offender in relation to a period, being the whole or a part of a period during which the offender is totally incapacitated for work; and
	(b)	a person who is an employer of the offender is liable, by reason of the offender’s total incapacity for work, to make a payment to the offender by way of salary or wages in relation to that firstmentioned period;
the Territory shall not be liable to pay that amount under the Compensation Act but shall pay to the employer so much of that amount as does not exceed the amount payable to the offender by the employer and the balance (if any) of that amount shall be taken to be compensation payable by the Territory under the Compensation Act to or in respect of the offender in relation to that firstmentioned period.
Certificate of discharge
11.  (1)  Where a person has discharged a community service order that was in force in respect of him or her, the Minister shall, on application by the person, cause a certificate to the effect that the offender has discharged the order to be issued to him or her.
(2)  For the purposes of subsection (1), an offender shall be taken to have discharged a community service order if he or she has worked, or is, under this Act, to be taken to have worked, pursuant to the order for the number of hours specified in the order.

NOTES
1.	The Supervision of Offenders (Community Service Orders) Act 1985 as shown in this reprint comprises Act No. 10, 1985 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Supervision of Offenders (Community Service Orders) Ordinance 1985	10, 1985	8 Mar 1985	12 Aug 1985 (see Gazette 1985, No. S313)		
Supervision of Offenders (Community Service Orders) (Amendment) Ordinance 1985	64, 1985	12 Dec 1985	12 Dec 1985	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 August 1991)	
Workers’ Compensation (Consequential Amendments) Act 1991	106, 1991	15 Jan 1992	Ss. 1 and 2:  15 Jan 1992
Remainder:  22 Jan 1992 (see Gazette 1992, No. S9)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)
	Part III
(ss. 4-9)	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. Act No. 97, 1994
S. 4	am. No. 38, 1989
	rs. Act No. 97, 1994
S. 5	rs. Act No. 97, 1994
S. 6	am. No. 64, 1985; Act No. 97, 1994
Ss. 7, 8	am. Act No. 97, 1994
S. 10	am. No. 38, 1989; Act No. 106, 1991