Community Service Orders (ACT)

A community service order (CSO) is a condition that a court may include on a good behaviour order that requires an offender to perform unpaid work in the community at a location specified by Community Corrections. To be eligible for this order, an offender must have been assessed as suitable by a Community Corrections officer. This page deals with community service orders in the ACT.

Community service orders serve as an alternative to imprisonment, allowing offenders to contribute positively to their community while serving their sentence. This form of community-based correction aims to rehabilitate offenders while providing valuable services to local organisations and community groups. CSOs are considered a form of restorative justice that benefits both the offender and the wider community.

How do courts decide whether to make a community service order?

Under Section 88 of the Crimes (Sentencing) Act 2005, before making a CSO, the court must be satisfied that community service work is appropriate for the offender and that it is appropriate for them to perform it. This assessment considers the nature of the offence, the offender's circumstances, and their ability to comply with the order.

Pre-sentence report requirements

Under section 89 of the Crimes (Sentencing) Act 2005, the court must receive a pre-sentence report on an offender before making a community service order. This comprehensive assessment is conducted by Community Corrections and evaluates the offender's suitability for community service work.

In deciding whether to make a community service order, the court must consider:

• The pre-sentence report;
• Any medical reports it has been given on the offender;
• Any evidence given by the person who prepared the pre-sentence report;
• Any evidence given by a corrections officer about the offender.

Court discretion and judicial considerations

The court exercises significant discretion when determining whether a CSO is appropriate. Factors such as the offender's employment status, family circumstances, physical capabilities, and willingness to comply with community service requirements all influence this decision. The court also considers whether community service would be more beneficial than other sentencing options.

Who is not suitable for community service orders?

Section 90 of the Crimes (Sentencing Act) 2005 outlines the factors that may render an offender unsuitable for a CSO, such as severe alcohol or drug problems, significant psychiatric or psychological disorders, inability to perform the required tasks, a serious criminal record, or difficulties reporting for community service regularly.

Physical and mental health considerations

Offenders with physical disabilities or mental health conditions that prevent them from performing community work safely may be deemed unsuitable. However, Community Corrections works to accommodate various needs where possible, matching offenders with appropriate work that considers their limitations and capabilities.

Risk assessment factors

The court considers public safety when determining suitability for community service. Offenders who pose a risk to community members or have a history of failing to comply with court orders may be considered inappropriate candidates for CSOs. Previous breaches of community-based orders also influence this assessment.

If the court's decision regarding a community service order is contrary to the pre-sentence report's recommendation, the court must provide a rationale for including or declining the order's inclusion as a condition of a good behaviour order.

How many hours will I need to do?

Under section 91 of the Crimes (Sentencing) Act 2005, the number of hours of community service required under a good behaviour order must be between 20 hours and 500 hours, except for young offenders who can be ordered to serve a maximum of 200 hours of community service.

Determining appropriate hours

The number of community service hours imposed depends on several factors, including the severity of the offence, the offender's criminal history, and their personal circumstances. Courts typically order more hours for serious offences and may consider multiple charges when determining the total hours required.

How long do I have to do my community work?

If the required number of hours of community service is less than 250, the community service must be completed within a year. If it is 250 hours or more, it must be completed within two years. The number of hours ordered by the court is based on the severity of the offence/s committed.

Time management and scheduling

Community Corrections works with offenders to develop realistic schedules that accommodate work, family, and other commitments. Regular attendance and consistent progress towards completing the required hours are essential for successful completion of the order.

Types of community service work available

Community service work in the ACT encompasses various activities that benefit the community. Common placements include environmental conservation projects, assistance at charitable organisations, maintenance work at community facilities, and support services for vulnerable community members.

Placement matching process

Community Corrections matches offenders with suitable placements based on their skills, interests, and the community's needs. This matching process ensures that both the offender and the community organisation benefit from the arrangement, promoting successful completion of the order.

Supervision and monitoring

All community service work is supervised to ensure compliance with the order and maintain community safety. Offenders must report regularly to Community Corrections and provide verification of completed hours. Failure to comply can result in breach proceedings and potential imprisonment.

What happens if I breach my community service order?

Breaching a community service order is a serious matter that can result in significant consequences. Under the Crimes (Sentencing) Act 2005, failure to comply with a CSO may lead to the offender being brought back before the court.

Consequences of non-compliance

When an offender breaches their community service order, the court may impose alternative penalties, including imprisonment. The court considers the reasons for non-compliance, the extent of the breach, and the offender's overall conduct when determining appropriate consequences.

Remedial measures

In some cases, the court may provide opportunities to remedy breaches through extended time frames or modified conditions. However, persistent non-compliance typically results in the revocation of the CSO and imposition of alternative penalties.

Will a community service order result in a conviction and a criminal record?

Yes. Under section 87 of the Crimes (Sentencing) Act 2005, an offender must be convicted of the offence before a good behaviour order with a CSO can be imposed. Therefore, a CSO will always be accompanied by a conviction.

This conviction becomes part of the offender's criminal history and may affect future employment opportunities, travel, and other aspects of life. However, completing a community service order successfully demonstrates rehabilitation efforts to future courts and employers.

Frequently Asked Questions

Can I choose where I perform my community service work?

While offenders cannot directly choose their placement, Community Corrections considers individual circumstances, skills, and preferences when making placements. The primary factors are community need, public safety, and the offender's suitability for specific