If home detention (HD) or residential restrictions (RR) are being considered as sentencing or special condition options, you will need to think about the type of employment you have while subject to HD or RR.

General

Some types of employment are not suitable for people on home detention or residential restrictions. This may be because of where you work or the type of work you do.

Monitoring

You’ll need to be monitored while at work and your probation officer will have to involve your employer in making the necessary arrangements.

It’s preferable to have a monitoring unit installed where you work. Talk to your probation officer about the best arrangement for your situation.

It may take 1–2 days to confirm your employment is suitable and to have a workplace unit installed. This will depend on what arrangements were made before your sentencing or release on parole. If you are already working, you may need to talk to your employer about taking leave until the arrangements are finalised. In general, you should be based at a single site to allow for the monitoring of your whereabouts.

With the employer’s cooperation, in some instances it may be possible to allow employment that involves changing location every few days (eg house painting). This will depend on a number of things. For example:

• you’ll need a reliable supervisor working on-site with you at all times
   
• you’ll need to tell your probation officer at least 24 hours before you change location.

Advising employers

The employer’s support is vital for any employment to be considered suitable for people subject to electronic monitoring. Your probation officer will explain what is required of you and your employer.

Unsuitable employment

You are unlikely to be allowed to take or continue employment that:

• has casual hours or an on-call/standby requirement (the monitoring company needs at least 24 hours’ notice to approve and arrange curfews)
   
• is related to your offending (eg with co-offenders or that allows unsupervised access to the types of locations where you have offended at in the past)
   
• occurs where the anklet may interfere with on-site equipment (eg some hospital work)
   
• requires you to be away from home for more than 24 hours
   
• requires you to carry out any activity that is not suitable with the anklet.

Discuss your options

Talk to your probation officer about your employment options before you are sentenced so that the necessary checks and arrangements can be made.

Temporary removal of equipment

Temporary removal of equipment may be considered in exceptional circumstances.

Unsuitable activities

Some activities are not suitable for people wearing electronic monitoring anklets. Read this information carefully if home detention (HD), residential restrictions (RR) or community detention (CD) are being considered as options for your sentence.

Approval

You must get approval from probation staff before taking part in any activities that might damage the anklet, or where the anklet might cause injury to you or others.

Assessing activities

Talk to probation staff about activities you wish to take part in during your electronically monitored sentence. They will assess whether the activities are suitable.

Unsuitable activities

Unsuitable activities include any that:

• expose the anklet to damaging forces or shock, prolonged immersion in liquid, or extreme pressure
   
• risk injury to you or other people (eg contact sports)
   
• involve flying (civil aviation regulations require removal of the anklet before flying)
   
• involve places where the anklet may interfere with on-site equipment (eg some hospital visits).

Examples
Unsuitable activities include, but are not limited to, kick boxing, rugby, league, soccer, hockey and water-based activities such as waterskiing, scuba diving and surfing.

Temporary removal

In exceptional circumstances the anklet may be temporarily removed so that you can travel by air, visit a hospital where the anklet can’t be used, or take part in an approved activity. You must contact community probation as soon as possible beforehand so staff can arrange temporary removal.

Temporary removal of the anklet may also be considered for other reasons if:

• you can be monitored in some other way during the absence or activity
   
• the removal and refitting can be done around the time of the activity
   
• you are prepared to pay the costs of removing and refitting the anklet.

Temporary removal (community detention only)

If you are on community detention it may be possible to temporarily remove the anklet between curfew periods if:

• community probation approves the removal of the anklet
   
• the removal occurs not more than once a week and outside curfew periods
   
• you can report to the community probation service centre and staff are available to remove (and refit) the anklet
   
• you can return to your curfew address and the monitoring equipment is working again at the start of your next curfew period.

Equipment damage

If the anklet is damaged during an unsuitable activity, you may be required to pay for its repair or replacement. You will be liable if:

• you take part in an unsuitable activity without seeking approval
   
• you continue an activity that you’ve been told is unsuitable
   
• the damage is reasonably considered to be caused intentionally by you or someone else.

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