South Australian Consolidated Acts South Australian Consolidated Acts74AA—Board may impose community service for breach of non-designated
conditions
(1) If the Board is
satisfied that a person who is still on parole has, while on parole, breached
a condition of the parole (not being a designated condition), the Board may,
instead of exercising its powers under section 74, impose a further
condition on the parole requiring the person to serve a specified number of
hours of community service.
(2) The Board cannot
exercise its powers under subsection (1) if the parole is already subject
to a condition requiring performance of community service.
(3) The Board cannot
exercise its powers under subsection (1) in relation to a person who is
under the supervision of a community corrections officer unless it has
obtained and considered a report from that community corrections officer.
(4) If the Board
imposes a parole condition requiring performance of community service pursuant
to this section, the following provisions apply:
(a) the
number of hours of community service to be performed cannot be less than 40 or
more than 200;
(b)
the Board may impose ancillary conditions on the parole requiring the
person—
(i)
to perform the community service within a specified
period;
(ii)
to report to a specified place not later than two working
days after the date of the hearing unless, within that period, the person
receives a notice from the Chief Executive Officer to the contrary;
(iii)
to obey the lawful directions of the
community corrections officer to whom the person is assigned;
(iv)
to do, or refrain from doing, such other things as
the Board thinks necessary for ensuring proper performance of the community
service;
(c) the
person is required to perform the community service for not less than 4 or
more than 24 hours in any week and on such day, or days, as the
community corrections officer to whom the person is assigned may direct;
(d) the
person cannot, except in circumstances approved by the Minister, be required
to perform the community service for a continuous period exceeding 8 hours;
(e) one
hour of any period of community service exceeding 4 hours is to be a meal
break;
(f) the
person cannot be required to perform community service at a time that would
interfere with his or her remunerated employment or with a course of training
or instruction relating to, or likely to assist in him or her obtaining, such
employment, or that would cause unreasonable disruption of the person's
commitments in caring for his or her children;
(g) the
person cannot be required to perform community service at a time that would
cause him or her to offend against a rule of a religion that he or she
practises;
(h) the
attendance of the person at any educational or recreational course of
instruction approved by the Minister will be taken to be performance of
community service;
(i)
the person will not be remunerated for the performance of
the community service.
(5) A
community corrections officer to whom a person is assigned—
(a) may
give reasonable directions to the person requiring the person—
(i)
to report to a community service centre or other place at
certain times; or
(ii)
to notify the officer of any change in the person's place
of residence or employment; or
(iii)
to obtain the officer's written permission before leaving
the State for any reason; or
(iv)
to carry out certain projects or tasks as community
service; or
(v)
to undertake, or participate in, courses of instruction
at a community service centre or other place; or
(vi)
to behave in a particular manner while undertaking
community service; and
(b) may
give the person other directions of a kind authorised by the Minister, either
generally or in relation to that person.
(6) If a person who is
subject to a parole condition requiring performance of community service is
sentenced to imprisonment for an offence (whenever committed) or for
non-payment of a pecuniary sum or is returned to prison pursuant to this
Division, the parole condition will be taken to have been revoked.