Victorian Numbered Acts Victorian Numbered ActsAfter section 63 of the Sentencing Act 1991 insert —
(1) The number of hours ordered by the court that an offender must perform unpaid community work as specified in an item in column 1 of the Table to this subsection may be performed over a period that is equal to or less than the period specified opposite the number of hours in the item in column 2 of the Table.
|
Item |
Column 1 |
Column 2 |
|---|---|---|
| |
Hours of unpaid community work |
Maximum period of order |
|
1 |
376 to 500 |
24 months |
|
2 |
251 to 375 |
18 months |
|
3 |
126 to 250 |
12 months |
|
4 |
51 to 125 |
6 months |
|
5 |
50 or less |
3 months |
(2) The period over which unpaid community work must be performed, that a court specifies in a fine conversion order or a fine default unpaid community work order, must not be such a period as would require an offender to perform more than 20 hours of unpaid community work in any 7 day period.
(3) Despite subsection (2) an offender may perform
unpaid community work for up to 40 hours in a period of 7 days if he or she
requests to do so and signs a written consent to performing the extra number
of hours.
s. 50
(4) A fine conversion order or fine default unpaid community work order, expires on the satisfactory completion of the hours of work that the court ordered that the offender must perform.
(1) The number of hours of unpaid community work required to be performed by an offender under a fines order must, unless otherwise directed by a court, be performed cumulatively on any hours of unpaid community work required to be performed under another fines order that is in force in respect of the offender, whether the other fines order is made before or at the same time as the first mentioned order.
(2) A court must not give a direction under this section that is not consistent with section 63AA.
(3) In this section, "fines order" means a fine conversion order or fine default unpaid community work order.
(1) The period of a fine conversion order or a fine default unpaid community work order is the period determined by the court in accordance with section 63AA.
(2) The court must fix the date on which a fine conversion order or a fine default unpaid community work order commences, which must not be more than 3 months after the order is made.
(1) On an application under section 63AE, the court which made a fine conversion order or a fine default unpaid community work order may decide to deal with the order under subsection (2), if the court is satisfied that—
(a) the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with the order; or
(b) the circumstances of the offender were wrongly stated or were not accurately presented to the court before the order was made; or
(c) the offender no longer consents to the order.
(2) If satisfied of a matter set out in subsection (1), the court may decide to deal with the order in one or more of the following ways—
(a) by confirming the order or a part of the order; or
(b) by cancelling the order and dealing with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or
(c) by cancelling the order and making no further order in respect of the offence or offences with respect to which the order was originally made; or
(d) by varying the order.
(3) The court must make a decision under subsection (2) on the basis of its assessment of the extent to which the offender has complied with the order.
(1) An application for the court to deal with a fine conversion order or fine default unpaid community work order under section 63AD may be made at any time while the order is in force by—
(a) a prescribed person or a member of a prescribed class of person; or
(b) the informant or police prosecutor (if the sentencing court was the Magistrates' Court); or
(c) the Director of Public Prosecutions; or
(d) the offender; or
(e) the Secretary.
(2) Notice of an application under subsection (1) must be given—
(a) to the offender, if the application is not made by the offender; and
(b) if the sentencing court was—
(i) the Magistrates' Court, to the informant or police prosecutor; or
(ii) the Supreme Court or the County Court, to the Director of Public Prosecutions; and
(c) any prescribed person or a member of any prescribed class of person; and
(d) the Secretary.
(3) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.".