South Australian Consolidated Acts South Australian Consolidated ActsSchedule 3—Provisions relating to community service
In this Schedule—
Chief Executive means the CEO within the meaning of the
Criminal Law (Sentencing) Act 1988 ;
Minister means the Minister performing functions under Part 6 of the
Criminal Law (Sentencing) Act 1988 .
2—Application of Correctional Services Act 1982
A person required to perform a period of community service in accordance with
an undertaking specified in a shop theft infringement notice will be taken to
be an offender for the purposes of Division 4 of Part 2 of the
Correctional Services Act 1982 .
3—Special provisions relating to community service
The following provisions apply in relation to community service to be
performed by a person in accordance with an undertaking specified in a shop
theft infringement notice:
(a) the
person is required to perform community service for not less than 4 hours each
week and on such day, or days, as the community corrections officer to whom
the person is assigned may direct;
(b) the
person may not be required to perform community service for more than 24 hours
in any week;
(c) the
person may not, except in circumstances approved by the Minister, be required
to perform community service for a continuous period exceeding eight hours;
(d) if,
on any day, a period of community service is to exceed four continuous hours,
the next hour must be a meal break;
(e) the
person may not 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 him or her in obtaining,
remunerated employment, or that would cause unreasonable disruption of the
person's commitments in caring for his or her dependants;
(f) the
person may not 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;
(g) the
attendance of the person at any educational, recreational or rehabilitative
course or program approved by the Minister will be taken to be performance of
community service;
(h) the
person will not be remunerated for the performance of any community service in
accordance with the notice.
4—Chief Executive must assign community corrections officer
(1) The Commissioner
of Police must ensure that, when a person effectively consents to a shop theft
infringement notice that requires the performance of community service, a copy
of the notice is promptly provided to the Chief Executive.
(2) The Chief
Executive must, on receiving a copy of a shop theft infringement notice that
requires the performance of community service, and may thereafter from time to
time, assign the person to whom the notice relates to a
community corrections officer.
(3) The Chief
Executive must ensure that the person is notified in writing of the name of
the community corrections officer to whom he or she has been assigned and, if
necessary, of the place and time at which he or she must first report to that
officer.
(4) It is the duty of
a community corrections officer to endeavour to ensure that any person
assigned to the officer for the purpose of performing community service in
accordance with an undertaking specified in a shop theft infringement notice
complies with the undertakings relating to community service specified in the
notice.
5—Community corrections officer may give reasonable directions
A community corrections officer to whom a person is assigned for the purpose
of performing community service in accordance with an undertaking specified in
a shop theft infringement notice—
(a) may
give reasonable directions to the person—
(i)
requiring the person to report to a community service
centre or other place at certain times; or
(ii)
requiring the person to perform certain projects or tasks
as community service; or
(iii)
requiring the person to undertake or participate in
courses of instruction at a community service centre or other place; or
(iv)
requiring the person 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—Extension of period for performance of community service
(1) Where a shop theft
infringement notice requires the performance by a person of community service,
the Minister may, on application by the person or the Chief Executive, by
instrument in writing, extend the period within which the community service is
to be performed.
(2) The Minister
cannot, on an application under subclause (1), extend the period within
which the community service is to be performed by more than six months.
(3) If the period
within which community service is to be performed in accordance with a shop
theft infringement notice is extended under this clause, the undertaking
specified in the notice will be taken to be varied accordingly.
7—Waiver of community service requirement on notification by Chief
Executive
(1) The Chief
Executive must notify the Minister if the Chief Executive forms the opinion
that it is not possible or reasonably practicable for a person to perform
community service in accordance with an undertaking specified in a shop theft
infringement notice (either at all or within the period specified in the
notice or any extension of that period that may be granted under
clause 6)—
(a)
because the person—
(i)
suffers from a physical or mental infirmity; or
(ii)
has been imprisoned or remanded in custody in relation to
an offence; or
(iii)
is subject to some other requirement for the performance
of community service; or
(b) for
some other sufficient reason.
(2) On receiving a
notification under subclause (1), the Minister may, by instrument in
writing, waive compliance with the requirement to perform community service,
or a specified number of hours of community service.
(3) If the Minister
waives compliance with the requirement to perform community service or a
number of hours of community service under this clause, the undertaking
specified in the notice will be taken to be varied accordingly.
8—Waiver of unperformed hours of community service on application
(1) If, on the
application of a person required to perform community service in accordance
with an undertaking specified in a shop theft infringement notice, the
Minister is satisfied—
(a)
that, although some hours of community service remain unperformed, the person
has substantially complied with the undertaking; and
(b) that
there is no apparent intention on the person's part to deliberately evade his
or her obligations under the notice; and
(c) that
sufficient reason exists for not insisting on performance of some or all of
those hours,
the Minister may, by instrument in writing, waive compliance with the
requirement to perform those hours, or a specified number of them.
(2) The Minister
cannot exercise his or her powers under subclause (1) to waive
performance of more than ten hours under the one notice.
(3) If the Minister
waives compliance with the requirement to perform a number of hours of
community service under this clause, the undertaking specified in the notice
will be taken to be varied accordingly.
9—Increase in hours on default in performance of community service
(1) If the Minister is
satisfied that a person has breached an undertaking specified in a shop theft
infringement notice by failing to obey a direction of a
community corrections officer to whom the person is assigned, the Minister may
deal with the breach by increasing, by notice in writing served personally,
the number of hours of community service that the person is required to
perform in accordance with the notice.
(2) If the Minister
exercises his or her powers under subclause (1) to increase the number of
hours of community service to be performed in accordance with an undertaking
specified in a shop theft infringement notice—
(a) the
undertaking specified in the notice will be taken to have been varied
accordingly; and
(b) the
person to whom the notice relates may not be prosecuted in relation to the
breach.
(3) The number of
hours of community service may not be increased under subclause (1) by
more than 24 in aggregate.
10—Breach of undertaking to be reported to Commissioner of Police
(1) If the Minister is
satisfied that a person has breached an undertaking specified in a shop theft
infringement notice relating to the performance of community service, the
Minister must, unless satisfied that the breach is trivial or should be dealt
with under another provision of this Schedule, notify the Commissioner of
Police of the breach.
(2) If proceedings are
commenced alleging breach of an undertaking specified in a shop theft
infringement notice relating to the performance of community service, the
requirements relating to community service specified in the undertaking have
no further operation.
In any proceedings, an apparently genuine document purporting to be a
certificate executed by the Minister certifying as to a matter relating to the
exercise of powers by the Minister under this Schedule constitutes proof, in
the absence of proof to the contrary, of the matters so certified.