Orders are issued to offenders by the court and the Sentence Administration Board (SAB).
The type of order and conditions vary according to the offence. Most orders served in the community require supervision by the ACT Corrective Services (ACTCS) Community Corrections team.
If an offender is sentenced by the court to more than 12 months in custody, they may be eligible to serve part of their sentence in the community under a Parole Order.
Parole for detainees convicted under Australian Capital Territory (ACT) legislation
The SAB is responsible for determining if a detainee who has been convicted under ACT legislation should be released on a parole order after the expiration of their non-parole period and before the end of their sentence.
Parole applications should be made to the SAB in writing. The SAB is currently developing a webpage and a link to more information about parole processes will be added here as soon as the webpage is available.
Parole for detainees convicted of Commonwealth offences
The Commonwealth Attorney-General is responsible for determining if a detainee who has been convicted of Commonwealth offences should be released on a parole order after the expiration of their non-parole period and before the end of their sentence.
For more information, visit https://www.ag.gov.au/Crime/FederalOffenders/Pages/Parole.aspx.
Parole Time Credit
The Sentencing (Parole Time Credit) Legislation Amendment Bill 2019 commenced on 2 March 2020 and allows parolees to access Parole Time Credit (PTC) (also known as ‘clean street time’ or ‘time to count’). This means that time spent in the community in accordance with parole conditions is counted towards an offender’s sentence, which will reduce the amount of time in custody in case parole is cancelled or revoked.
Offenders do not need to apply for PTC as this will routinely be applied by a Judge or the SAB for those eligible. For more information, please see the Parole Time Credit Factsheet. Any further questions can be emailed to firstname.lastname@example.org.
Intensive Corrections Order (ICO)
An ICO is a custodial sentence of up to four years that is served in the community. An assessment for suitability is conducted by a Community Corrections Officer who considers the offender’s willingness and ability to comply with the requirements of the order, and undertakes a home visit assessment. Offenders must reside in the ACT to be eligible for an ICO.
Offenders with an ICO may have to undergo regular drug testing and home visits, and will need to apply for permission to leave the ACT. Conditions relating to community service work, curfews, attendance at rehabilitation programs, or reparation, may also be included in an ICO.
Breach of an ICO will be reported to the SAB who will determine the action required. If an ICO is cancelled, the offender is liable to serve the remainder of their sentence by full time detention. In these cases, the offender may apply for the ICO to be reinstated once they have served 30 days of their sentence under full time detention.
Good Behaviour Order (GBO)
A GBO requires the offender to be of good behaviour and not to commit further criminal offences.
A GBO may have conditions including community service work, rehabilitation or probation.
If a GBO has a probation condition, the offender must accept supervision and comply with any reasonable direction from their Community Corrections Officer. Supervision may include regular appointments, home and field visits, and offence specific interventions. Failure to comply with the conditions of a GBO may result in a breach notice to the court. If a breach is proven the court will determine the appropriate action.
Community Service Work Order
An offender may be issued with an order to perform community work as part of their ICO or GBO. Community Service Work orders can range between 20 and 500 hours and are supervised by Community Corrections Officers. More on the types of community service work available can be found here.
Being granted a bail order means being released from custody on the understanding that the accused will appear in court at a future date to face a charge.
Bail orders may be granted unconditionally or with conditions attached. If the accused has a condition to accept the supervision of ACTCS, they must comply with bail supervision as directed. Failure to comply with bail order conditions will result in the court being notified through a breach of bail report.