No evidence was found in the research and practice literature review for greater effectiveness associated with specific core conditions or listed in good practice guidelines. The appropriateness and effectiveness of conditions is more generally linked to individual circumstances under assessed risk-needs in individual case planning and management, eg, testing where substance abuse is indicated. Capacity to vary conditions where warranted (and an efficient process for doing so) was identified in UK evaluation research. Capacity for offenders, co-residents and corrections officers to apply for order revocation where there has been a material change in circumstances was cited in US national guidelines.
Comparison:
Jurisdictions vary in the extent to which there are designated standard or core conditions to be applied to all persons on HD orders or whether the particular conditions to be applied in each individual case are left to the decision-making body to determine. Jurisdictions also vary in the extent to which these are legislatively prescribed or are established through policy. In Victoria, NT and NZ, standard conditions are set out in the Act, in NSW and the ACT they are imposed by regulation, in Queensland they are listed in a gazetted form, and no standard or core conditions (other than a requirement to reside at a particular place, be of good behaviour and comply with lawful directions) are listed in primary or subordinate legislation in SA.
All jurisdictions have core conditions governing detainee’s place of residence and some also provide for circumstances under which the detainee may leave that residence (eg, if in immediate danger, if requiring urgent medical treatment) although the scope of these varies across jurisdictions (eg, extends to consent withdrawal in Victoria) and it includes an associated requirement to advise the supervising officer where leaving the residence under the specified conditions in some jurisdictions (eg, NSW, Victoria, ACT).
All jurisdictions have a core condition of complying with all reasonable directions/lawful instructions of a supervising officer. However, they vary in other conditions governing general behaviour, eg, not associating with specific persons in five jurisdictions, or “not take preparatory steps to breach, or otherwise evidence an intention to breach” the order in one state (see second table below). The condition of complying with instructions of the supervising officer appears to be relied upon to direct offenders in relation to employment or program participation in some jurisdictions while others make explicit provision for finding or maintaining employment as directed or engaging in personal development activities or counselling or treatment as directed. Approved activities include the capacity to direct an offender to undertake community work in some jurisdictions (eg, NSW, Victoria, ACT), while community work is explicitly disallowed for offenders on home detention orders under Queensland legislation.
Jurisdictions vary in whether there are core conditions governing use of drugs and alcohol (in five jurisdictions and extending to abuse of lawfully obtained drugs in three), possession or use of firearms or weapons (four and three respectively), and the authorisation of release of information by employers or medical practitioners or other specified service provider (in three jurisdictions). There is also variability in whether electronic monitoring is explicitly provided for in core conditions and if so, associated requirements relating to tampering with equipment, installation and retrieval, maintaining a telephone service, or other aspects (see second table below).
There are also jurisdiction-specific core conditions governing a range of other issues, eg, submitting to searches (NSW and Vic), having a copy of the order in the detainee’s possession and producing it when required (Queensland – at all times, NZ – when on approved absence), not threatening or insulting or using abusive language to a surveillance officer (NT), obtaining permission of a correctional officer before driving a motor vehicle (Queensland), or a general provision providing for the Chief Executive Officer to impose any order condition deemed appropriate (SA).
Governing legislation explicitly provides for discretion for the court or Board to apply other conditions as it sees fit in all jurisdictions (except SA front-end HD where, as noted earlier, there are only limited general conditions established under legislation). There is some variability in the extent to which the power to vary conditions is made explicit within the relevant Act, eg, in Victoria the Act explicitly states that the court or Parole Board may vary or revoke special conditions at any time upon application by the offender or department or Director of Public Prosecutions.
Setting of conditions for HD orders
|
standard/core conditions apply |
discretion to apply other than core conditions |
capacity to vary conditions |
|
|
NSW |
standard conditions imposed by regulation* (see table below) |
any conditions considered appropriate by the court, may include conditions on employment or community service work* |
Parole Board may impose additional or vary or revoke additional conditions at any time |
|
Vic |
core conditions apply* (see table below) |
court or Parole Board may make special conditions itself or on application by department or Director of Public Prosecutions* |
court or Parole Board may vary or revoke special conditions at any time upon application by offender, department or DPP* |
|
Qld |
no standard/core conditions set in legislation; core conditions established in gazetted form and Board may elect to apply any/all of these |
may include a condition the board considers is reasonably necessary to ensure good conduct or stop offence commission or that requires carrying out of a lawful instruction; must not include community work * |
Community Corrections Board determines which conditions will apply |
|
SA |
only limited general condition set in legislation |
not prescribed under legislation; specific conditions set by court or Prisoner Assessment Committee |
not prescribed under legislation |
|
ACT |
standard conditions prescribed in regulations (see table below)* |
any conditions the court considers appropriate other than those requiring the person to make any payment whether a fine, compensation or otherwise* |
the court may not revoke or amend any standard conditions or impose or amend any additional conditions so as to impose any limits on or otherwise be inconsistent with the standard conditions* |
|
NT |
standard conditions (see table below)* |
any conditions as the court sees fit including but not limited to the standard conditions* |
court on application by Director or offender |
|
NZ |
standard conditions (see table below)* |
may include special conditions relating to place of residence, finances or earnings, program participation, not associating with any person or class of persons, prohibiting the offender from entering or remaining in specified places or areas at specified times or at all times, requiring taking of prescription medication, compliance with designated release conditions on whereabouts of the offender; Board must consider requiring the offender to undertake a program as a special condition* |
offender or the Probation Officer can apply to the Board for variation or discharge of conditions imposed by the Board; Board may direct the variation or discharge of any release or detention conditions imposed by it (detailed guidelines on when to apply for variation, discharge or review are set out in policy documentation) |
Standard/core conditions of HD orders
|
re residence: |
NSW |
Vic |
Qld 1 |
SA 2 |
ACT |
NT |
NZ |
|
reside at specified place of residence |
y** |
y** |
y |
y** |
y** |
y** |
y** |
|
only leave specified place of residence for approved purposes/reasons/with permission |
y** |
y** |
y |
y** |
y** |
y** |
y** |
|
only leave specified place of residence if in immediate danger |
y** |
y** |
y |
y** |
y** |
||
|
advise supervising officer if left residence because in immediate danger |
y** |
y** |
y** |
||||
|
only leave specified place of residence to avoid or minimise a serious risk of death or injury to the offender or any other person |
y** |
||||||
|
only leave specified place of residence for urgent medical or dental treatment |
y** |
y** |
y** |
||||
|
advise supervising officer if left residence for urgent medical or dental treatment |
y** |
||||||
|
only leave specified residence when person residing there has withdrawn consent |
y** |
||||||
|
advise supervising officer as soon as possible if left because of withdrawn consent |
y** |
||||||
|
proceed directly and by shortest practicable route to and from authorised places |
|
y** |
|
|
re employment: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
find or maintain employment as directed |
y** |
y** |
y |
|
y** |
|
|
|
get approval before accepting employment |
|
|
y |
|
|
|
y |
|
inform employer of the HD order if directed |
y** |
y** |
y |
y** |
|
||
|
authorise/consent to contact between supervising officer and employer |
y** |
y |
y** |
||||
|
make reasonable attempts to facilitate contact between employer and department |
y** |
||||||
|
notify officer of any change in employment, education or training status within 24 hours |
y |
|
|
|
|
re other approved activities: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
comply with activity plan/participate in approved activities as directed |
y** |
y** |
y |
|
y** |
|
|
|
engage in personal development activities, counselling or treatment as directed |
y** |
y** |
y |
|
y** |
y** |
|
|
undertake community service work as directed by a supervisor |
y** |
y** |
|
y** |
|
||
|
authorise/allow contact between supervising officer and person conducting activity |
(y) |
|
y** |
|
|
|
re alcohol/drugs: 3 |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
not use prohibited drugs |
y** |
y** |
y |
|
y** |
y** |
|
|
not use alcohol |
y** |
y** |
y |
|
y** |
y** |
|
|
not abuse drugs lawfully obtained |
y** |
y** |
|
y** |
|
||
|
submit to testing for drugs or alcohol |
y** |
y** |
y |
|
y** |
y** |
|
|
re firearms/weapons: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
not possess or use a firearm(3) |
y** |
y** |
|
y** |
y** |
|
|
|
not possess or use a prohibited/offensive/controlled weapon |
y** |
y** |
|
y** |
|
||
|
immediately notify supervisor if a person brings a firearm onto the premises or place |
|
|
|
|
y** |
|
|
re authorisation of release of information: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
from medical practitioner, therapist or counsellor |
y** |
|
|
y** |
|
|
|
|
from employer |
|
|
(y) |
|
y** |
|
|
|
from any government department or agency (State/Territory/Commonwealth) |
|
|
(y) |
|
|
||
|
from any educational authority |
|
|
(y) |
|
|||
|
from any religious, medical or welfare agency, rehabilitation centres and others |
|
(y) | |||||
|
must allow contact between employer and corrections officer and person conducting an approved activity or program being attended |
|
y** |
|
|
|
re electronic monitoring: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
submit to electronic monitoring if required |
y** |
y** |
(y) |
|
y** |
y** |
y** |
|
not damage, disable or tamper with electronic monitoring equipment |
y** |
y** |
(y) |
|
y** |
y** |
y** |
|
must maintain a telephone service to the approved home for the monitoring equipment |
|
|
y** |
|
|||
|
provide continuous supply of electricity for the monitoring equipment |
|
|
(y) |
|
|||
|
allow placing, installation and retrieval of equipment from the specified place |
|
(y) |
y** |
||||
|
not block or cut access to the phone line attached to EM equipment |
(y) |
|
|
|
|
|
re general behaviour: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
be of good behaviour/not offend |
y** |
y** |
y |
|
y** |
y** |
|
|
not associate with specific persons as directed |
y** |
y** |
|
y** |
y** |
y |
|
|
obtain permission before driving a motor vehicle 4 |
|
|
y |
|
|
||
|
not disturb or interfere with any other person residing on the specified premises |
|
|
|
y** |
|||
|
not take preparatory steps to breach or evidence intention to breach |
|
y | |||||
|
comply with any restitution or compensation order offender is subject to |
y** |
|
|
|
|
|
re supervision: |
NSW |
Vic |
Qld(1) |
SA(2) |
ACT |
NT |
NZ |
|
comply with all reasonable directions/lawful instructions of supervising officer |
y** |
y** |
y |
y |
y** |
y** |
y** |
|
accept/allow any visit to the approved residence by a supervisor at any time |
y** |
y** |
y |
y** |
y** |
y** |
|
|
submit to searches of places or things under his/her immediate control as directed |
y** |
y** |
|
|
|
|
|
|
keep copy of order/licence in his/her possession and produce for inspection if required |
|
|
y** |
|
y** |
||
|
advise supervising officer as soon as possible if arrested or detained by a police office |
y** |
y** |
y** |
|
|||
|
not threaten, insult or use abusive language to a surveillance officer |
|
y** |
|||||
|
not in any way obstruct an authorised surveillance officer from entering, conducting a search as permitted by the Act, or inspecting any monitoring equipment |
|
|
|
y** |
|
* explicitly prescribed by legislation
** explicitly prescribed by legislation (Act or Regulation) ( ) bracketed conditions relate to the Queensland electronic monitoring trial and refer to matters listed in the participant agreement which was signed by the offender and corrective services officer.
1 Qld: although not explicitly identified as a core condition under legislation, there is a general provision stating that the offender may leave the home only to comply with conditions of orders, to attend necessities of life, eg, to buy food or collect social security benefits, to seek or engage in approved employment, to engage in approved activity, eg, a rehabilitation program, to prevent or minimise serious risk or injury to self or others, to receive medical or health treatment, or for any other approved purpose; standard conditions are established in gazetted Form 31.
2 SA: For back-end HD, the Home Detention Release Order, which the prisoner must sign, includes all of the conditions that the home detainee must observe including not being permitted to: leave the residence without approval; use drugs which are not medically prescribed, drink alcohol or enter licensed premises or gamble; associate with ex-offenders without the approval of the Community Corrections Officer (CCO); possess or have in his/her custody or control any firearm; or drive a motor vehicle or motor cycle without the approval of the CCO, even if they hold a valid licence. For court-ordered HD, the HD report identifies two standard conditions (specified residence requirement including circumstances under which the detainee may be absent from the specified residence and obeying lawful directions of the supervising CCO) with opportunity to recommend to the court imposition of other order conditions, such as electronic monitoring, restrictions on drug and alcohol use and testing, etc).
3 NT: the condition allows for the Director to approve this activity/use.
4 Qld: HD prisoners must apply to Area Manager for approval to drive a vehicle; criteria when considering the approval: community risk, applicant's traffic history, whether alternate public transport is available, applicant's institutional behaviour, applicant's current response to community supervision; authorised officer may revoke permit to drive if deviation from authorised permit, unauthorised deviations in the journey not permitted.