Probation of Offenders Act 1973
An Act to consolidate and amend the law on probation of offenders and related matters
[Royal Assent 3 May 1973]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Probation of Offenders Act 1973 .(2) This Act shall commence on a date to be fixed by proclamation.
(1) The Acts specified in Schedule 1 are repealed.(2) The amendment effected by this subsection has been incorporated into the authorised version of the Child Welfare Act 1960 .
[Section 3 Amended by No. 121 of 1985, s. 4 ][Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –community service order means an order made under section 11 (1) ;community service order committee means a committee appointed under section 16 ;employee means a person subject to a community service order;police officer has the same meaning as in the Police Regulation Act 1898 ;supervisor means a person appointed under section 17 as a supervisor for the purposes of section 12 or a person authorized to perform the duties and exercise the powers of a supervisor for the purposes of that section.
PART II - Administration
[Section 4 Amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Section 4 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may appoint employees employed in that Department to be probation officers for the purposes of this Act.(1A) [Section 4 Subsection (1A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint employees employed in that Agency to be probation officers for the purposes of this Act, and such employees may hold office as probation officers in conjunction with their positions in the State Service.(1B) [Section 4 Subsection (1B) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may appoint persons to be honorary probation officers for the purposes of this Act.(2) It is the duty of a probation officer –(a) to visit or receive reports from the persons under his supervision as the probation officer may think fit;(b) to endeavour to ensure that such persons observe the conditions of their probation orders;(c) to advise, assist, and befriend such persons and, when necessary, to endeavour to find suitable employment; and(d) to carry out such other duties as may be prescribed or as the court in any case may direct.
5. Probation officers' reports
[Section 5 Amended by No. 121 of 1985, s. 5 ][Section 5 Amended by No. 67 of 1994, s. 3 and Sched. 1 ](1) [Section 5 Subsection (1) amended by No. 121 of 1985, s. 5 ]A court may, when informing itself on matters relevant to its decision –receive a written report or oral statement of a probation officer, giving it such weight as to the court appears proper.(a) whether or not to make use of section 7 (1) ; or(b) as to the sentence proper to be passed on a convicted person –(2) [Section 5 Subsection (2) substituted by No. 83 of 1980, s. 4 ]Where a written report is received in accordance with subsection (1) , the proper officer of the court shall show the report to the defendant and the defendant's counsel, unless the court, after having regard to the views (if any) of the probation officer, makes an order to the effect that the report or any part of the report be not so shown or be shown only to the defendant's counsel.(2A) [Section 5 Subsection (2A) inserted by No. 83 of 1980, s. 4 ]Where a written report or part of such a report is shown to a defendant or the defendant's counsel as provided in subsection (2) , the defendant or his counsel, as the case may be, shall return it to the proper officer of the court not later than the conclusion of the proceedings of the court to which it relates.(2B) [Section 5 Subsection (2B) inserted by No. 83 of 1980, s. 4 ]Where a written report or part of such a report is shown to a defendant or the defendant's counsel, the court may, on the application of the defendant or his counsel, permit the defendant or his counsel to make and retain a copy of the report or part of the report subject to such conditions (if any) as the court thinks fit to impose.(2C) [Section 5 Subsection (2C) inserted by No. 83 of 1980, s. 4 ]Any person on whom conditions are imposed under subsection (2B) who, without reasonable excuse, fails to comply with any of those conditions is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.(3) [Section 5 Subsection (3) amended by No. 121 of 1985, s. 5 ]Where a court receives a written report or an oral statement under subsection (1) , it shall give the defendant such an opportunity as it thinks reasonable to controvert that report or statement or any part of it.(4) [Section 5 Subsection (4) amended by No. 121 of 1985, s. 5 ]No objection may be taken or allowed to a written report or an oral statement received under subsection (1) on the ground that the evidence provided by that report or statement is hearsay.(5) [Section 5 Subsection (5) amended by No. 88 of 1973, s. 3 ]This section has effect notwithstanding anything contained in section 386 of the Criminal Code or any other enactment or rule of law to the contrary.
PART III - Probation
(1) For the purposes of this Act a probation order is an order of a court that the person against whom it is made be of good behaviour during the period of the order and do or refrain from doing such other things as are specified in the order in accordance with subsection (2) .(2) [Section 6 Subsection (2) amended by No. 83 of 1980, s. 5 ]A probation order may, subject to this Part, contain –(a) a provision that the person against whom it is made shall, when called on at any time during the period of the order, appear for conviction and sentence, or for sentence only;(b) a provision that the person against whom it is made shall, during the period of the order, submit to the supervision of a probation officer or such other person as is named in the order;(c) such provisions relating to the supervision, conduct, or welfare of the person against whom it is made as the court may consider desirable; and(d) such provisions with respect to residence, abstention from intoxicating liquor or drugs, carrying out specified work, and other matters as the court may consider necessary for preventing a repetition of the same offence or the commission of other offences.(3) [Section 6 Subsection (3) substituted by No. 121 of 1985, s. 6 ]The period of a probation order made against a person –(a) shall be such period not exceeding 3 years as the court specifies in the order;(b) shall, subject to section 7 (4) , commence on such date as the court specifies in the order; and(c) may, subject to subsection (3A) , be expressed to commence immediately after the expiration of the period of any other probation order made against that person.(3A) [Section 6 Subsection (3A) inserted by No. 121 of 1985, s. 6 ]Nothing in subsection 3 authorizes the making of a probation order against a person for such a period that, as a result of the making of the order, the total consecutive period of probation imposed on that person would exceed 3 years.(4) Where a probation order contains a provision as provided in subsection (2) (b) it is sufficient to provide for submission to the supervision of a probation officer without naming one.
7. Conditional release of offenders
[Section 7 Subsection (3) amended by No. 121 of 1985, s. 7 ](1) Where a person is charged before a court of summary jurisdiction with an offence punishable by such a court, and the court thinks that the charge is proved, but is of the opinion that having regard to –(a) the character, antecedents, age, health, or mental condition of the defendant;(b) the trivial nature of the offence; or(c) the extenuating circumstances under which the offence was committed –it is inexpedient to inflict any punishment, or that it is expedient to release the offender on probation, the court, without proceeding to conviction may –(d) dismiss the complaint; or(e) make a probation order against the defendant in which it shall provide that the defendant appear for conviction and sentence as provided in section 6 (2) (a) .(2) Where a person has been convicted on indictment or under the provisions of section 63 of the Justices Act 1959 of an offence punishable with imprisonment, and the court is of the opinion that, having regard to –it is inexpedient to inflict any punishment, or that it is expedient to release the offender on probation, the court, in lieu of imposing a sentence of fine or imprisonment, may make a probation order against the defendant in which it shall provide that the defendant appear for sentence as provided in section 6 (2) (a) .(a) the character, antecedents, age, health, or mental condition of the defendant;(b) the trivial nature of the offence; or(c) the extenuating circumstances under which the offence was committed –(3) [Section 7 Subsection (3) amended by No. 83 of 1990, s. 6 ]Where a defendant has been convicted of an offence, the court may, whether or not it imposes a fine or a term of imprisonment upon, or makes a community service order against, him, make a probation order against him.(4) Where a court has imposed a term of imprisonment on a defendant and made a probation order against him as provided in subsection (3) , the probation order shall take effect on the date of the defendant's release from prison.(5) [Section 7 Subsection (5) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]Where an order (including an order of dismissal) is made under subsection (1) , the order has for the purposes of –the effect of a conviction of the offence in respect of which the order was made.(a) section 29 of the Sale of Goods Act 1896 ; and(b) sections 77 and 140 of the Justices Act 1959 –(6) The court by which a probation order is made shall explain to the defendant in simple language what he must do or refrain from doing under the order and what may happen to him if he does not obey the order.
8. Power to vary probation order
(1) [Section 8 Subsection (1) substituted by No. 63 of 1994, s. 4 ]If any court makes a probation order against a person, an application for a variation of the order may be made –(a) by the person; or(b) by a police officer; or(c) by a probation officer; or(d) on behalf of the Crown.(1A) [Section 8 Subsection (1A) inserted by No. 63 of 1994, s. 4 ]If an application to vary a probation order made by a court of summary jurisdiction is made by a police officer or a probation officer, a justice may summon the person against whom the order was made to appear before the court at the hearing of the application.(2) [Section 8 Subsection (2) substituted by No. 63 of 1994, s. 4 ]If an application to vary a probation order made by the Supreme Court is made on behalf of the Crown, the person against whom the order was made may be brought before the Supreme Court in accordance with rules of court made under the Criminal Code Act 1924 as if this Part were contained in the Criminal Code .(3) On the hearing of an application under subsection (1) or (2) , the court may receive evidence on affidavit or otherwise and may –(a) if it appears to it that the provisions of the probation order should be varied, vary the probation order by –(i) extending or diminishing the duration thereof;(ii) altering or omitting a provision thereof; or(iii) inserting additional provisions therein; or(b) on being satisfied that the conduct of the person against whom the probation order was made has been such as to make it unnecessary that he should remain longer under supervision, discharge the probation order.(4) No such variation may extend the duration of a probation order beyond the period of 3 years from the date of the original order.
8A. Discharge or suspension of probation order
[Section 8A Inserted by No. 66 of 1973, s. 2 ](1) Where a person against whom a probation order has been made becomes subject to guardianship or liable to be detained under the Mental Health Act 1963 that order may be discharged or its operation suspended until the occurrence of a specified event –(a) in the case of an order made by a court of summary jurisdiction, by any court of summary jurisdiction on the application of a probation officer; or(b) in the case of an order made in the Supreme Court, by that Court on an application on behalf of the Crown.(2) An application made under paragraph (a) or under paragraph (b) of subsection (1) may be heard ex parte.(3) In relation to a probation order made by the Supreme Court, rules of court may be made for the purposes of this section under section 12 of the Criminal Code Act 1924 as if this section were contained in the Criminal Code .
[Section 9 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 9 Subsection (4) amended by No. 63 of 1994, s. 5 ][Section 9A Repealed by No. 63 of 1994, s. 6 ]. . . . . . . .(1) Except as provided in subsection (2 ), where a person against whom a probation order has been made has contravened any provision of the order, and the order was made –(a) by a court of summary jurisdiction, a police officer or a probation officer may proceed against that person in any court of summary jurisdiction upon complaint of the contravention; or(b) in the Supreme Court, proceedings may be taken as prescribed by rules of court made under section 12 of the Criminal Code Act 1924 , as if this Part were contained in the Criminal Code , to bring that person before the Supreme Court to answer for the contravention.(2) Where a person is required by a probation order to appear for conviction and sentence or for sentence –(a) before the Supreme Court, proceedings may be taken, as prescribed by rules of court made under section 12 of the Criminal Code Act 1924 as if this Part were contained in the Criminal Code , to bring that person before the court for the purposes of subsection (4) ; or(b) before a court of summary jurisdiction, proceedings may be taken, as prescribed by rules made under section 144 of the Justices Act 1959 , to bring the offender before any court of summary jurisdiction for the purposes of subsection (4) .(3) Rules made for the purposes of either paragraph of subsection (1) or subsection (2) may provide for the arrest of an offender and for proceedings thereon before a justice or court of summary jurisdiction.(4) [Section 9 Subsection (4) amended by No. 121 of 1985, s. 8 ]A court before which a person is brought under subsection (1) or (2) , on being satisfied that he has contravened a provision of the probation order made against him, shall revoke that probation order, and may forthwith –(a) in the case of a probation order under section 7 (1) , without further proof of his guilt –(i) convict and sentence him for the original offence;(ii) if the case is one in which the court in the first instance might, under the Child Welfare Act 1960 , have made a supervision order in respect of him, declared him to be a ward of the State, or committed him to an institution, and he is still apparently under the age of 18 years, make such an order, declaration, or committal; or(iii) impose a new probation order in the place of the revoked order;(b) in the case of a probation order under section 7 (2) –(i) sentence him for the original offence;(ii) if the case is one in which the court in the first instance might, under the Child Welfare Act 1960 , have made a supervision order in respect of him, declared him to be a ward of the State, or committed him to an institution, and he is still apparently under the age of 18 years, make such an order, declaration, or committal; or(iii) impose a new probation order in the place of the revoked order; and(c) in the case of a probation order under section 7 (3) , impose any or all of the following:(i) a fine not exceeding 10 penalty units;(ii) a term of imprisonment not exceeding 6 months;(iii) a new probation order.(4A) [Section 9 Subsection (4A) inserted by No. 121 of 1985, s. 8 ]For the purposes of subsection (4) (a) (iii) , (b) (iii) , and (c) (ii) , a new probation order may contain –(a) any or all of the provisions contained in the revoked order that it replaces; and(b) such other provisions, as permitted pursuant to section 6 (2) , as the court may think desirable in the circumstances.(5) The powers set forth in subsection (4) (a) and (b) may be exercised during the period of the probation order or within 6 months thereafter.(6) [Section 9 Subsection (6) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]The power set forth in subsection (4) (c) may be exercised at any time within 12 months after the contravention of the probation order.
PART IV - [Part IV Heading substituted by No. 121 of 1985, s. 10 ]Community Service Orders
[Section 10 Inserted by No. 83 of 1980, s. 7 ]This Part does not apply to a person who has not attained 16 years of age.
11. Power to make community service orders
[Section 11 Subsection (1) amended by No. 83 of 1980, s. 8 ][Section 11 Subsection (1) amended by No. 121 of 1985, s. 11 ][Section 11 Subsection (1) amended by No. 10 of 1993, s. 9 ][Section 11 Subsection (4) amended by No. 121 of 1985, s. 16 and Sched. 1 ](1) [Section 11 Subsection (1) amended by No. 66 of 1973, s. 4 ]Whenever the Supreme Court or a court of summary jurisdiction convicts a person of an offence, whether punishable by imprisonment or not, the Supreme Court or court of summary jurisdiction may, subject to this section, adjudge that he for his offence attend at such place and times as shall be notified to him in writing by a probation officer or a supervisor, for so many hours, not exceeding 240, as the court may order, and thereafter to do such things for such times as may be required of him under section 12 .(1A) [Section 11 Subsection (1A) inserted by No. 121 of 1985, s. 11 ]Where the Supreme Court or a court of summary jurisdiction makes a community service order in respect of 2 or more offences of which a person has been convicted, the Supreme Court or court of summary jurisdiction shall not order the person to do community service or other activity under those orders for a number of hours that, in the aggregate, exceeds 240.(1B) [Section 11 Subsection (1B) inserted by No. 121 of 1985, s. 11 ]Where, at the time when the Supreme Court or a court of summary jurisdiction makes a community service order in respect of a person, there is or are in force in respect of that person one or more other such orders, the Supreme Court or court of summary jurisdiction shall not order that person to do community service or other activity for a number of hours that would require him, after the making of the first-mentioned order, to do community service or other activity under that order for a number of hours that, aggregated with the hours of community service or other activity to be completed by him at that time under the previous order or orders, exceeds 240.(2) A memorandum of an order under this section in the prescribed form and supplemented by the prescribed information shall be drawn up, be sealed or signed as prescribed, and be given to the person against whom the order is made before he is entitled to depart from the court by which the order is made.(3) [Section 11 Subsection (3) amended by No. 121 of 1985, s. 16 and Sched. 1 ]A community service order shall be made only where it appears to the court that provision has been or will be made for the doing of community service by the person against whom it is made.(4) [Section 11 Subsection (4) amended by No. 5 of 1985, s. 3 and Sched. 1 ]A copy of a community service order shall be sent forthwith to the Director of Corrective Services.
12. Effect of community service orders
[Section 12 Amended by No. 63 of 1994, s. 7 ][Section 12 Amended by No. 83 of 1980, s. 9 ][Section 12 Amended by No. 121 of 1985, s. 12 ][Section 12 Subsection (8) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 12 Subsection (8) amended by No. 42 of 1996, s. 3 and Sched. 1 ][Section 12 Subsection (9) amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Section 12 Subsection (1) substituted by No. 121 of 1985, s. 12 ]Where a community service order has been made against a person –(a) he shall report to a probation officer or a supervisor within one working day after the sentence was imposed; and(b) a probation officer or a supervisor shall notify him in writing that at a specified time on a specified day he is required to attend a specified place and of any special provision made for his transportation to that place.(1A) [Section 12 Subsection (1A) inserted by No. 66 of 1973, s. 5 ]In determining a time for the purposes of subsection (1) a probation officer or a supervisor shall endeavour to fix a time at which a person against whom a community service order has been made is not gainfully employed.(2) [Section 12 Subsection (2) amended by No. 121 of 1985, s. 12 ]Transportation for the purposes of subsection (1) may be by public transport, or by departmental transport, or by one for part of the way and by the other for part of the way.(3) [Section 12 Subsection (3) omitted by No. 121 of 1985, s. 12 ]. . . . . . . .(4) [Section 12 Subsection (4) amended by No. 121 of 1985, s. 12 ]In pursuance of subsections (1) and (2) , it is lawful to provide that an employee shall travel by departmental transport leaving a specified place at a specified time for a specified destination and then by public transport similarly, leaving him to use such means as he may have or choose to go to the first-mentioned place and from the specified destination of the public transport to the place at which he is required to report, or to make any similar simpler or more complicated provision.(5) [Section 12 Subsection (5) substituted by No. 63 of 1994, s. 7 ]If, in attempting to comply with subsection (1) (b) , an employee notified of any special provision for his or her transportation finds, after due inquiry, that there is no transportation as notified, the employee is to wait for the transportation for one hour.(5A) [Section 12 Subsection (5A) inserted by No. 63 of 1994, s. 7 ]If at the end of one hour there is no transportation as notified, the employee –(a) is at liberty for the rest of the relevant day; and(b) is taken to have done all that is required of the employee under this section on that day.(5B) [Section 12 Subsection (5B) inserted by No. 63 of 1994, s. 7 ]A probation officer or supervisor may give an employee details of the work activity that the employee is to perform on a particular day, before that day.(5C) [Section 12 Subsection (5C) inserted by No. 63 of 1994, s. 7 ]If an employee attending a specified place at a specified time –the employee is to wait for a supervisor for one hour.(a) finds, after due inquiry, that no supervisor is in attendance; and(b) has not previously received details of the work activity that he or she is to perform –(5D) [Section 12 Subsection (5D) inserted by No. 63 of 1994, s. 7 ]If a supervisor has not been in attendance at the specified place at the end of one hour the employee –(a) is at liberty for the rest of the relevant day; and(b) is taken to have done all that is required of the employee under this section on that day.(6) [Section 12 Subsection (6) amended by No. 121 of 1985, s. 16 and Sched. 1 ]When an employee has reported to a supervisor in compliance with subsection (1) (b) , he shall do such community service or other activity as the latter orders subject to the regulations made under this Act.(7) [Section 12 Subsection (7) amended by No. 121 of 1985, s. 16 and Sched. 1 ]That which an employee is required to do under a community service order shall –(a) be such community service or other activity or such kind or class of community service or activity as a community service order committee has approved; and(b) not be continued for more than 8 hours, exclusive of any time allowed for lunch, on any one day.(8) [Section 12 Subsection (8) amended by No. 121 of 1985, s. 16 and Sched. 1 ]An employee shall, in respect of his attendance, travelling, and community service or activity under a community service order, be deemed to be a worker employed by the Crown for the purposes of the Workers Rehabilitation and Compensation Act 1988 and to be a worker within the meaning of that Act, notwithstanding anything to the contrary in section 4 (3) of that Act , paid –whichever is the greater rate.(a) at a rate equal to the basic rate as defined in that Act; or(b) at the rate of his average weekly earnings, if any, within the meaning of that Act –(9) [Section 12 Subsection (9) amended by No. 5 of 1985, s. 3 and Sched. 1 ]In this section departmental transport means transport arranged by the Department, a probation officer, or a supervisor.
13. Variation, &c., of community service order
[Section 13 Amended by No. 121 of 1985, s. 16 and Sched. 1 ](1) [Section 13 Subsection (1) substituted by No. 83 of 1980, s. 10 ]A community service order made by the Supreme Court or by a court of summary jurisdiction may be reviewed at any time during the currency of the order –(a) in the case of an order made by the Supreme Court, on the application of the Crown or an employee; or(b) in the case of an order made by a court of summary jurisdiction, on the application of the Crown or an employee.(1A) [Section 13 Subsection (1A) inserted by No. 83 of 1980, s. 10 ]For the purposes of subsection (1) (a) , Crown does not include a probation officer.(2) [Section 13 Subsection (2) amended by No. 121 of 1985, s. 16 and Sched. 1 ]Before a court reviews a community service order under this section, it must appear, by affidavit or otherwise, that –(a) the condition or circumstances of the employee –so that the order should not, in consequence, be put into or continued in execution;(i) has or have changed since the order was made; or(ii) was or were not such as the court making the order thought it or them to be –(b) the employee is in custody awaiting trial or under a sentence of imprisonment;(c) the employee is resisting or evading, or attempting to resist or evade, the execution of the order;(d) the employee's conduct in respect of any matter required of him by or under this Act in respect of the order is such as to make the execution of the order –(i) impossible; or(ii) difficult for any person concerned with or affected by its execution; or(e) the employee has been convicted of a contravention of section 14 (1) .(3) [Section 13 Subsection (3) amended by No. 66 of 1973, s. 6 ]On review of a community service order under this section, the court reviewing it may –(a) discharge it without more;(b) revoke it and order and adjudge that the employee for the offence for which it was made be fined or imprisoned; or(c) reduce the number of hours for which it is to last.(4) [Section 13 Subsection (4) amended by No. 121 of 1985, s. 16 and Sched. 1 ]In exercising its power under subsection (3) (b) the court shall take into account –(a) that the community service order was made; and(b) anything done under it.
14. Operation and enforcement of community service order
[Section 14 Subsection (2) amended by No. 121 of 1985, s. 13 and s. 16 and Sched. 1 ][Section 14 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 14 Subsection (1) amended by No. 121 of 1985, s. 13 and s. 16 and Sched. 1 ]If an employee –he commits an offence for which a probation officer may proceed against him under the Justices Act 1959 .(a) fails to attend as required by a probation officer or supervisor;(ab) fails to report to a probation officer or supervisor as required under section 12 (1) (a) ;(b) fails to carry out in a proper or reasonable manner the community service or activity required of him;(c) disturbs or interferes with any other person carrying out community service or doing anything under a community service order;(d) assaults, threatens, insults, or uses abusive or unfitting language to a probation officer or a supervisor;(e) fails to comply with section 15 (4) or (5) ;(f) changes his place of abode for the purpose of evading the execution of this Act; or(g) commits a breach of the regulations –(1A) [Section 14 Subsection (1A) inserted by No. 66 of 1973, s. 7 ]It shall be a defence in any proceedings for an offence under subsection (1) (a) and (b) for the defendant to show that the failure referred to therein arose from his conscientious objection on religious grounds at any specified time or his attendance at any place for religious worship.(2) [Section 14 Subsection (2) amended by No. 66 of 1973, s. 7 ]The court before which a complaint under this section is heard may –(a) impose a fine not exceeding 10 penalty units;(b) subject to section 11 (1B) , increase the number of hours specified in the order by not more than 240 more;(c) impose a term of imprisonment not exceeding 6 months; or(d) revoke that order and adjudge that the employee be fined or imprisoned for the offence for which it was made.(3) [Section 14 Subsection (3) amended by No. 121 of 1985, s. 16 and Sched. 1 ]If it appears to a justice that there is reason to suspect that an employee will –the community service order to which he is subject, he may issue his warrant for the employee's arrest.(a) leave the State before the expiration of; or(b) not comply with –(4) [Section 14 Subsection (4) amended by No. 121 of 1985, s. 16 and Sched. 1 ]On the arrest of an employee under such a warrant he shall be brought before justices forthwith and if it appears to them likely that the employee will so leave or fail to comply they may –(a) if the community service order was made by the Supreme Court, remand him in custody to be brought before that court, which may revoke that order and adjudge that the employee for the offence for which it was made be fined or imprisoned; or(b) if the community service order was made by a court of summary jurisdiction –revoke that order and adjudge that the employee for the offence for which it was made be fined or imprisoned.(i) remand him to another court of summary jurisdiction, which may; or(ii) themselves –
[Section 15 Amended by No. 121 of 1985, s. 14 ](1) [Section 15 Subsection (1) omitted by No. 121 of 1985, s. 14 ]. . . . . . . .(2) [Section 15 Subsection (2) omitted by No. 121 of 1985, s. 14 ]. . . . . . . .(3) [Section 15 Subsection (3) omitted by No. 121 of 1985, s. 14 ]. . . . . . . .(4) [Section 15 Subsection (4) amended by No. 5 of 1985, s. 3 and Sched. 1 ]If an employee changes his place of abode he shall give notice of the change forthwith in writing to the Chief Probation and Parole Officer.(5) [Section 15 Subsection (5) inserted by No. 121 of 1985, s. 14 ]An employee shall not, during the currency of a community service order against him, leave Tasmania without obtaining the prior approval, in writing, of a probation officer or supervisor.
(1) The Minister may appoint so many committees for the purposes of section 12 as he thinks fit.(2) [Section 16 Subsection (2) amended by No. 121 of 1985, s. 16 and Sched. 1 ]A committee appointed under this section –(a) shall consist of 3, 4, or 5 persons of whom one shall have been nominated for the purpose by the body of persons known as the Tasmanian Trades and Labor Council; and(b) shall not decide upon a form of community service or activity for the purposes of section 12 without the concurrence of the member so nominated.
17. Appointment of employees, &c.
[Section 17 Amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Section 17 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may appoint employees employed in that department, or holders of specified positions in that department, to be supervisors for the purposes of this Part.(1A) [Section 17 Subsection (1A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint employees employed in that Agency, or holders of specified positions in that Agency, to be supervisors for the purposes of this Part.(1B) [Section 17 Subsection (1B) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may authorize persons, not being employees within the meaning of the Tasmanian State Service Act 1984 , to perform the duties and exercise the powers of supervisors for the purposes of this Part.(2) A probation officer or a supervisor appointed under subsection (1) may appoint any person a supervisor to act in his place on a specified day.(3) Every supervisor shall on his appointment be given a warrant of appointment in the prescribed form, which by its production to an employee shall be conclusive evidence that the person producing it is a supervisor.
17A. Compensation for personal injury
[Section 17A Inserted by No. 83 of 1980, s. 11 ][Section 17A Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 17A Amended by No. 42 of 1996, s. 3 and Sched. 1 ]Where an honorary probation officer or a supervisor is exercising his powers or carrying out his duties under this Act, he shall be deemed to be a worker employed by the Crown for the purposes of the Workers Rehabilitation and Compensation Act 1988 , and notwithstanding anything to the contrary in section 4 (3) of that Act , shall be deemed to be paid –whichever rate is the greater.(a) at a rate equal to the basic rate defined in that Act; or(b) at the rate of his average weekly earnings, if any, within the meaning of that Act –
Nothing in this Part affects the operation of Part III .
PART V - Miscellaneous
[Section 19 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) The Governor may make regulations for the purposes of this Act.(2) [Section 19 Subsection (2) amended by No. 121 of 1985, s. 15 and s. 16 and Sched. 1 ]Regulations for the purposes of Part IV may –(a) regulate the execution of community service orders;(b) prescribe the conduct of supervisors and of employees;(c) provide for the health and safety of supervisors and employees;(d) prescribe the effect of injury and sickness in relation to community service orders;(e) regulate the conduct of the public at places where employees attend or act; and(f) provide for fines not exceeding 5 penalty units for contraventions of regulations made pursuant to paragraph (e) .
(1) [Section 20 Subsection (1) amended by No. 66 of 1973, s. 8 ]The Minister may make rules for the purposes of sections 8 , 8A , 9 and 13 with all the powers of the judges within the meaning of section 12 of the Criminal Code Act 1924 or of the Governor and the rule committee under section 144 of the Justices Act 1959 , as the case may require.(2) Rules made under this section shall come into force on their publication in the Gazette and continue in force until rescinded by rules made under the relevant section mentioned in subsection (1) .
On and from the day on which the Probation of Offenders Amendment Act 1994 commences, the operation of a probation order which is suspended immediately before that day ceases to be suspended.
SCHEDULE 1 - Acts Repealed
Year and number of Act | Short title | 25 Geo. V No. 74 | Probation of Offenders Act 1934 | No. 31 of 1963 | Probation of Offenders Act 1963 | No. 82 of 1971 | Probation of Offenders Act 1971 |