Background to Community Work Centre Rules 2002

Introduction

This topic gives background information to the document Community Work Centre Rules.

The rules are used in CWC placements but can also be used as a guide for explaining general rules and behaviours for CWA placements.

Reference: Volume 3A, Part I, Chapter 2, Section 2d, Community Work Centre Rules 2008. (Please refer to the related links section on this page).

Legislative reference

Section 129 of the Criminal Justice Act 1985 as amended by section 176 of the Sentencing Act 2002 governs the issuing of the rules.

Legal status

CWC rules are issued by the chief executive under section 129 of the Criminal Justice Act 1985. Following the implementation of the Corrections Act 2004, CWC rules will be issued under section 31 of the Corrections Act 2004.

The rules can be enforced in law by charging an offender with a breach of CW under section 71(1)(g) of the Sentencing Act 2002.

Any rules not so issued are deemed to be policy directions, not law. They cannot be enforced by a charge for breach of a CW.

Note: A failure to obey instructions can be enforced under rule 2. The rule gives the ability to enforce the sentence in many cases where other rules do not apply.

Changes to the rules

From time to time, the chief executive, Department of Corrections, may amend and reissue the rules. Any amendments must be consistent with the:

• Corrections Act 2004
• Sentencing Act 2002
• Parole Act 2002, or
• any regulations made under any of those Acts.

Purpose

The purpose of the rules is to:

• ensure offenders have standardised information about the requirements of the sentence and their conduct to enable them to make informed decisions about compliance
• enable administration of sentences of CW to be nationally consistent
• ensure the safety and conduct of offenders sentenced to CW, and
• give directions regarding the management of CWC.

Informing offenders of the rules

During the induction programme:

• every offender must be issued with a copy of the CWC rules and notes for offenders, and
• the meaning of each rule must be explained.

The offender must sign an acknowledgment that they have received and understood the rules. One copy of this acknowledgment is given to the offender and the other is filed in the offender file.

Compliance with the rules

Offenders are required to comply with the rules at all times. Failure to comply with the rules is failure to comply with the requirements of the sentence.

Any non-compliance with the rules will result in enforcement action.

General information for offenders

A General Information for Offenders document may be developed by each Area to cover any protocols regarding the local centre that are not included in the CWC rules.

Such a document does not have the same legal status as the CWC rules, and is deemed to be local policy directions only.

The offender and the probation officer sign the document to confirm the offender has read and understood the material.

Warning loiterers

When dealing with loiterers at CWCs/worksites, community probation service staff should follow the process described in the table below.

Legislative reference: Section 71(2) Sentencing Act 2002.