Community service order
As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO).
A Community Service Order (CSO) involves either unpaid work in the community at a place specified by Community Corrections or attendance at a Centre to undertake a course, such as Anger Management. In order to be eligible for a CSO you have to be assessed by an officer of the Community Correction Service as suitable to undertake the order.
The maximum number of hours of community service that a court can impose is:
- 100 hours: where the maximum term of imprisonment that can be set by the court does not exceed six months.
- 200 hours: where the maximum term of imprisonment that can be set by the court does not exceed 1 year.
- 500 hours: where the maximum term of imprisonment that can be set by the court exceeds 1 year.
Section 8 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty is found. Section 8 states:
- Instead of imposing a sentence of imprisonment on an offender, a court may make a community service order directing the offender to perform community service work for a specified number of hours.
- The number of hours specified in a community service order in relation to an offence must not exceed 500, or the number of hours prescribed by the regulations in respect of the class of offences to which the offence belongs, whichever is the lesser.
- This section does not apply to an offender to whom the Children (Community Service Orders) Act 1987 applies.
- This section is subject to the provisions of Part 7.
Is a Community Service Order a Conviction and Will I Have a Cirminal Record?
If you are sentenced to Community Service, then you are convicted of that offence, and it will appear on your criminal record.
Can You Travel Overseas While on a Community Service Order?
Being able to travel overseas whilst on a Community Service Order depends on two things:
- Any scheduled work or programs that you are supposed to be doing whilst you intend to travel; and
- The visa requirements of the particular country you intend to enter.
You should speak to your Community Services Officer before making any plans, and get some specific legal advice about your personal situation if you are unsure.
Suitability for a Community Service Order:
Before a CSO can be imposed by the court it must be satisfied that:
- You are suitable person for community service work;
- It is appropriate in all of the circumstances that you be required to perform community service work;
- The arrangements exist in the area in which you live or intend to live for you to perform community service work; and
- The community service work can be provided in accordance with those arrangements
People commonly encounter problems with being assessed as suitable due to:
- Unresolved mental health issues;
- Drug/alcohol issues;
- Physical disabilities or injuries (that might mean you can’t perform certain types of work);
- Work commitments that mean that you could not perform Community Service in the programs that are available.
What Breaches a Community Service Order, and What Happens If You Do?
If you do not complete the community services hours set by the court within the time set by the court, fail to turn up for your work, or don’t attend appointments set by community corrections, they may advise the court and a summons be issued for you to attend court to answer the allegation of you breaching the CSO. If you admit breaching the CSO the court can revoke the order and impose a more severe penalty which can include full time gaol. Breaches of CSO are regarded seriously by the courts as a CSO is an alternative to full time gaol.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.