Parole Authority

Intensive Corrections Orders

What are the standard conditions for an Intensive Correction Order?

The following are the mandatory conditions of an intensive correction order to be imposed by a court under section 81 of the Act:

  • a condition that requires the offender to be of good behaviour and not commit any offence,
  • a condition that requires the offender to report, on the date fixed as the date of commencement of the sentence or on such later date as may be advised by the Commissioner, to such local office of Corrective Services NSW or other location as may be advised by the Commissioner,
  • a condition that requires the offender to reside only at premises approved by a supervisor,
  • a condition that prohibits the offender leaving or remaining out of New South Wales without the permission of the Commissioner,
  • a condition that prohibits the offender leaving or remaining out of Australia without the permission of the Parole Authority,
  • a condition that requires the offender to receive visits by a supervisor at the offender's home at any time for any purpose connected with the administration of the order,
  • a condition that requires the offender to authorise his or her medical practitioner, therapist or counsellor to provide to a supervisor information about the offender that is relevant to the administration of the order,
  • a condition that requires the offender to submit to searches of places or things under his or her immediate control, as directed by a supervisor,
  • a condition that prohibits the offender using prohibited drugs, obtaining drugs unlawfully or abusing drugs lawfully obtained,
  • a condition that requires the offender to submit to breath testing, urinalysis or other medically approved test procedures for detecting alcohol or drug use, as directed by a supervisor,
  • a condition that prohibits the offender possessing or having in his or her control any firearm or other offensive weapon,
  • a condition that requires the offender to submit to such surveillance or monitoring (including electronic surveillance or monitoring) as a supervisor may direct, and comply with all instructions given by a supervisor in relation to the operation of surveillance or monitoring systems,
  • a condition that prohibits the offender tampering with, damaging or disabling surveillance or monitoring equipment,
  • a condition that requires the offender to comply with any direction given by a supervisor that requires the offender to remain at a specified place during specified hours or that otherwise restricts the movements of the offender during specified hours,
  • a condition that requires the offender to undertake a minimum of 32 hours of community service work per month, as directed by a supervisor from time to time,
  • a condition that requires the offender to engage in activities to address the factors associated with his or her offending as identified in the offender's assessment report or that become apparent during the term of the order, as directed by a supervisor from time to time,
  • a condition that requires the offender to comply with all reasonable directions of a supervisor.

How are breaches of Intensive Correction Orders reported to the Parole Authority?

Offenders on Intensive Correction Orders (ICO) are supervised by the Community Corrections division of Corrective Services NSW (CSNSW). Upon Community Corrections becoming aware of a breach of ICOs, a breach report is submitted to the ICO Management Committee staffed by Senior Management of CSNSW.

If the ICO Management Committee believes the breach is not serious enough to revoke the order, a sanction can be imposed. This sanction can be a formal warning or a more stringent application of the conditions of the ICO, or both of these.

If the ICO Management Committee believes the breach is serious enough to warrant breach action, the matter is referred to the State Parole Authority.

What action can the Parole Authority take in relation to reported breaches of Intensive Correction Orders?

  • 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 parole 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 162 Inquiry to determine whether a breach has occurred.
  • Revoke the parole order by issuing a warrant for their arrest and return to custody. When revoking the ICO order, the Authority must choose a date that the revocation is effective from and identify the conditions on the ICO the offender has breached.

What happens when an Intensive Correction Order is revoked?

Once an ICO 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 an Intensive Correction Order get reinstated once the order has been revoked?

An offender can apply to have their ICO reinstated once revoked after serving at least 1 month of full-time custody and providing the Authority with reasons as to why they can now comply with the requirements of the order.

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

Can my Intensive Correction Order be served by way of Home Detention?

The Authority can make an order directing the remainder of an ICO be served by way of home detention upon revocation of the ICO.

It should be noted that the ICO needs to have less than 18 months remaining on the order and the conditions that apply in respect of making a home detention order as per Part 6 of the Crimes (Sentencing Procedures) Act 1999 still apply.

If I am not suitable for reinstatement of my ICO or assessed as suitable for home detention, then what happens?

If you are not suitable for reinstatement of your ICO or assessed as suitable for a home detention order you will need to serve the remainder of your sentence in full time custody