Parole Authority

Home Detention Orders

What are the standard conditions for a Home Detention Order?

For the purposes of section 103 (1) (a) of the Act, the following are standard conditions of home detention:

(a)  the home detainee must be of good behaviour and must not commit any offence,

(b)  the home detainee must advise a supervisor departmental if he or she is arrested or detained by a police officer,

(c)  the home detainee must reside only at premises approved by a supervisor,

(d)  the home detainee must remain at the approved residence at all times otherwise than:

      (i) when engaged in activities approved or arranged by a supervisor, or

      (ii) when faced with immediate danger (such as in a fire or medical emergency),

(e)  the home detainee must adhere to an approved activity plan during approved absences from the approved residence,

(f)  the home detainee must advise a supervisor as soon as practicable after leaving the approved residence due to immediate danger,

(g)  the home detainee must submit to searches of places or things under his or her immediate control, as directed by a supervisor,

(h)  the home detainee must submit to electronic monitoring of his or her compliance with the home detention order, and must comply with all instructions given by a supervisor in relation to the operation of monitoring systems,

(i)   the home detainee must not tamper with, damage or disable monitoring equipment,

(j)   the home detainee must comply with any direction of the supervisor in relation to association with specified persons,

(k)  the home detainee must not consume alcohol,

(l)   the home detainee must not use prohibited drugs, obtain drugs unlawfully or abuse drugs lawfully obtained,

(m) the home detainee must submit to breath testing, urinalysis or other medically approved test procedures for detecting alcohol or drug use, as directed by a supervisor,

(n)  the home detainee must authorise his or her medical practitioner, therapist or counsellor to provide information about the home detainee to a supervisor,

(o)  the home detainee must accept any direction of a supervisor in relation to the maintenance of or obtaining of employment,

(p)  the home detainee must inform any employer of the home detention order and, if so directed by a supervisor, of the nature of the offence that occasioned it,

(q)  the home detainee must authorise contact between any employer of the home detainee and a supervisor,

(r)  the home detainee must engage in personal development activities or in counselling or treatment programs, as directed by a supervisor,

(s)  when not otherwise employed, the home detainee must undertake community service work (not exceeding 20 hours per week), as directed by a supervisor,

(t)   the home detainee must not possess or have in his or her control any firearm or other offensive weapon,

(u)  the home detainee must comply with all reasonable directions of a supervisor.

How are breaches of Home Detention reported to the Parole Authority?

Offenders on Home Detention (HD) are supervised by the Community Corrections division of Corrective Services NSW (CSNSW). Upon Community Corrections becoming aware of a breach of HD a breach report is submitted to the Parole Authority

What action can the Parole Authority take in relation to reported breaches of Home Detention?

  • Take no action and note the report
  • Stand the matter over - usually to follow court results or obtain updated information from Community Corrections
  • Issue a warning - in relation to compliance with the home detention order, drug use, alcohol use or outstanding court matters
  • Impose a more stringent application of the ICO
  • Issue an Instrument to Attend (ITA) before the Parole Authority at a section 166 Inquiry to determine whether a breach has occurred.
  • Revoke the home detention order by issuing a warrant for their arrest and return to custody. When revoking the HD order, the Authority must choose a date that the revocation is effective from and identify the conditions the offender has breached.

What happens when a home detention order is revoked?

Once an HD order is revoked, the Parole Authority issues a warrant for arrest that is executed by the NSW Police who facilitate the offender's return to custody.

Upon an offender being returned to custody, legislation states than an offender must spend 14 days in a correctional centre before being issued with paperwork in relation to the breach of their order.

The Authority sets a review date (ie. public hearing) during this time and then provides the offender with the documents that was relied upon in making the decision to revoke the order.

The offender is then able to obtain legal advice and representation and appear at the hearing via audio-visual link.

How does a Home Detention Order get reinstated once the order has been revoked?

An offender can apply to have their HD reinstated once revoked after serving at least 3 months of full-time custody.

The Authority then requests that Community Corrections complete an assessment as to the suitability of the offender to recommence on their home detention order.

If I am not suitable for reinstatement of my Home Detention order, what happens?

If you are not suitable for reinstatement of your home detention order you will need to serve the remainder of your sentence in full time custody.