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(1)

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©State of Queensland

(2)

*OFFENDERS PROBATION AND PAROLE REGULATIONS 1984

Department of Welfare Services, Brisbane, 28th June, 1984.

HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Offenders Probation and Parole Act 1980-1983, has been pleased to make the following Regulations.

GEOFF MUNTZ.

PART I-PRELIMINARY

1.

Short Title. These regulations may be cited as the Offenders Probation and Parole Regulations 1984.

2. Commencement. These regulations shall commence on the 1st July, 1984.

3. Arrangement of Regulations. These regulations are arranged as follows:-,-

PART I-PRELIMINARY (Regulations 1-5);

PART II-ADMINISTRATION (Regulations 6-7);

PART III-PROBATION ORDERS (Regulations 8-15);

PART IV-PAROLE BOARD AND PAROLE ORDERS (Regulations 16-22);

PART V-COMMUNITY SERVICE ORDERS (Regulations 23- 29);.

PART VA-FINE OPTION ORDERS (Regulations 30-32);

FIRST SCHEDULE :(Forms A-S).

4. Repeals. The Offenders Probation and Parole Regulations of 1980 are hereby repealed.

5. Fonris. ( 1) The forms set forth in the First Schedule hereto shall be used for the purposes for which they are respectively applicable:

:Brovided that no such forn:t shall be deemed invalid if it is to the effect

,/.Published in Queensland 'Government Gazette, dated 5th July, 1984, Vol.

CCLXXVI, No. 81, pages 1525·1551.

(3)

of the respectively proper form in the said Schedule with such modifications as the circumstances may require.

(2) Where a form prescribed by these regulations requires completion by the insertion of particulars or other matters referred to in the form, those particulars or other matters are prescribed as the particulars or other matters required under the provisions of this Act for the purpose for which the form is prescribed.

(3) A form prescribed by these regulations shall be completed in accordance with such directions and instructions as are specified in the form as so prescribed.

( 4) In these regulations a reference to a form by letter is a reference to the form in the First Schedule hereto which bears that letter.

PART II-ADMINISTRATION

6. Powers, Authorities, Functions and Duties of Probation Officers.

(1)

For the purposes of section 13 ( 1) of this Act the prescribed powers, authorities, functions and duties of probation officers shall be-

( a) to supervise persons placed on probation as assigned by the Chief Probation and Parole Officer and to effect programs of control and rehabilitation in accordance with policies and procedures determined by the Chief Probation and Parole Officer, or provided for by this Act and these regulations;

(b) to carry out directions of the court in relation to probation orders;

(c) to maintain records and statistics as required by the Chief Probation and Parole Officer;

(d) to prepare reports as directed by the Chief Probation and Parole Officer;

(e) to exercise such powers and authorities and perform such functions and duties as may be delegated by the Chief Probation and Parole Officer;

(f)

to perform such other functions and duties as directed by the Chief Probation and Parole Officer.

(2) A court which requires a report from the .Chief Probation and Parole Officer in respect of a specified person shall in Form A request such a report.

(3) Every such report required by a court in accordance with section 13 (2) of this Act. shall be furnished to the court within twenty-one days of the receipt of a request by the Chief Probation and Parole Officer.

7. Powers, Authorities, Functions and Duties of Parole Officers.

For the purpose of section 15 (1) of this Act the prescribed powers, authorities, functions and duties of parole officers shall be-

(a) to supervise persons released on parole as assigned by the

Parole Board and to effect programs of control and

rehabilitation in accordance with policies and procedures

(4)

determined by the Chief Probation and ParQle Officer, or provided for by this Act and these regulations;

(b) to carry out the directions of the Parole Board in relation to parole orders;

(c) to maintain records and statistics as required by the Chief Probation and Parole Officer;

(d) to prepare reports as directed by the Chief Probation and Parole Officer;

(e) to exercise such powers and authorities and perform such functions and duties as may be delegated by the Chief Probation and Parole Officer;

(f) to perform such other functions and duties as directed by the Chief Probation and Parole Officer.

PART III-PROBATION ORDERS

8. Appointment of Supervising Court. ( 1) An application for a new supervising court shall be in Form

L.

(2) An amending order made pursuant to section 18 (2) of this Act shall be in form L (

1 ).

(3) For the purposes of section 18 of this Act the bench charge sheet relating to the offence in respect of which the probation order was made and a copy of the original probation order shall be prescribed documents.

9. Notifications Following Making of Orders. A court, other than the supervising court, which makes a probation order shall, if that court is a Magistrates Court, cause to be forwarded to the clerk of the supervising court the bench charge sheet relating to the offence in respect of which the probation order was made.

10. Requirements of Probation Order. (1) A probation order shall be in Form

B.

(2) A permit for a probationer to leave and remain out of Queensland shall be in Form D.

11. Discharge of Probation Order. (1) An application by a probation officer or probationer for discharge of a probation order shall be in Form M.

12. Amendment of Probation Order. ( 1) An application by a probation officer or probationer for amendment of a probation order sl1all be in Form N.

(2) An amending order made pursuant to section 24 (1) of this Act

shall be in Form N (1 ).

(5)

4 Offenders Probation and Parole Regulations 1984

13. Procedure upon Breach of Probation Order. An authority given to a probation officer by the Chief Probation and Parole Officer pursuant to section 26 (

1)

of this Act shall-

( a) be in writing;

(b) stipulate the name of the authorised probation officer;

(c) stipulate the name of the probationer; and

(d) stipulate the· section of this Act in respect of which the probationer is alleged to be in breach.

14. Breach of Probation Order by Conviction.

(1)

An authority given to a probation officer by the Chief Probation and Parole Officer pursuant to section 29 of this Act shall-

( a) be in writing;

(b) stipulate the name of the authorised probation officer;

(c) stipulate the name of the probationer; and

(d) stipulate the section of this Act in respect of which the probationer is alleged to be in breach.

(2) A notice to the Chief Probation and Parole Officer made pursuant to section 29 (3) of this Act shall be in Form

0

(1).

15. Form of Probation Order. Two or more offences listed in a schedule pursuant to section 35 of this Act

~hall

be in Form C.

PART IV-PAROLE BOARD AND PAROLE ORDERS 16: Entitlements of members ofthe Board.

(1)

The qualified medical practitioner shall be entitled to $36.78 for each hour or part thereof spent in attendance at meetings of the Board.

(2) Members of the Board, other than the Chairman and the qualified medical practitioner, shall be entitled to an annual fee of $1,400 for attendance at meetings of the Board.

(3) Members of the board, other than the Chairman, shall be entitled to remuneration at the rate prescribed from time to time for officers classified I-15 and higher by Regulation 79 of "The Public Service Regulations of 1958" for each day or part thereof necessarily absent from place of abode for attendance at meetings of the Board.

(4) Each member of the Board shall be entitled to travelling expenses for his transport from his place of abode to the place of the Board meeting at the rate approved from time to time for officers of the Public Service of Queensland or a refund of all fares reasonably incurred.

17. Release on Parole. A parole order shall be in Form F.

18. Requirement of Parole Order. A permit for a prisoner to leave

and remain out of the State shall be in Form D.

(6)

19. Procedure upon breach of Parole Order. An authority given to a parole officer by the Chief Probation and Parole Officer pursuant to section 57

(1)

of this Act shall-

(a) be in writing;

(b) stipulate the name of the authorised parole officer;

(c) stipulate the name of the prisoner; and

(d) stipulate the section of this Act in respect of which the prisoner is alleged to be in breach.

20. Chief Probation and Parole Officer may suspend parole. ( 1) An order under the hand of the Chief Probation and Parole Officer pursuant to section 59

(1)

of this Act shall be in Form G.

(2) A notice given by the Chief Probation and Parole Officer pursuant to section 59 (2) of this Act shall be in Form G

(1).

21. Chief Probation and Parole Officer may issue Warrant. A Warrant issued by the ChiefProbation and Parole Officer for apprehension and conveyance of a prisoner to a prison shall be in Form H.

22. Warrant for the return of prisoner to prison. A Warrant issued by the Board for apprehension and conveyance of a prisoner to a prison shall be in Form I.

PART V-COMMUNITY SERVICE ORDERS

23. Community Service Orders in respect of convicted persons. A court, other than the supervising court, which makes a community service order shall, if that court is a Magistrates Court, cause to be forwarded to the clerk of the supervising court the bench charge sheet relating to the offence in respect of which the community service order was made.

24. Substitution of other supervising court. (

1)

An application for substitution of a new supervising court instead of the court previously so appointed shall be in Form

L.

(2) An amending order made pursuant to section 71 of this Act shall be in Form L

(1).

(3) For the purposes of section 71 of this Act the bench charge sheet relating to the offence in respect of which the community service order was made and a copy of the original community service order shall be prescribed documents.

25. Procedure upon breach of Community Service Order. An authority given to a probation officer by the Chief Probation and Parole Officer pursuant to section 78 (

1)

of this Act shall-

(a) be in writing;

(b) stipulate the name of the authorised probation officer;

(c) stipulate the name of the offender; and

(7)

(d) stipulate the section of this Act in respect of which the offender is alleged to be in breach.

26. Power to extend time for performance of work. An application by an offender or probation officer for extension of the period of twelve months within which community service is required to be performed shall be in Form Q.

27. Discharge and amendment of Community Service Orders, substitution of other Orders or penalties. An application by an offender or a probation officer pursuant to section 82 of this Act shall be in Form Q.

28. Notification of discharge, variations or extension of orders.

Where a court, pursuant to the provisions of sections 79, 81 or 82 of this Act, discharges a community service order, varies the number of hours for which an offender is required by a community service order to perform community service or extends with respect to a community service order the period of twelve months within which community service is required to be performed under that order, that court shall cause notice in writing thereof in Form Q (1) to be given to the offender, the Chief Probation and Parole Officer and, if the court is not the supervising court in respect of the community service order, the supervising court.

29. Supervisors, Conditions of Community Service, Advisory Committees. (1) The Chief Probation and Parole Officer may by notice in writing appoint so many supervisors as he considers necessary for the effectual supervision of offenders in the performance of community service under community service orders.

Such appointment shall be in force for the period specified in the notice of appointment unless sooner-

( a) cancelled or suspended by the Chief Probation and Parole Officer; or

(b) surrendered by the appointee by notice in writing given to the Chief Probation and Parole Officer.

(2) No offender shall-

(a) report in an intoxicated condition to a supervisor;

(b) have any liquor in his possession whilst performing community service;

(c) wilfully damage or deface any implement, tool, utensil or other article or any equipment with which he has been supplied to perform community service or any property on which or with which he is required to perform community service.

(3) The maximum number of hours of community service an

offender may be required to perform under a community service order

on any one day shall be eight (8) hours.

(8)

(4) The number of hours of community service performed by an offender under a community service order shall be computed in the following manner-

(a) the supervisor shall record on the attendance return provided for such purpose the actual time the offender presents himself for community service and the time the offender ceases duty;

(b) the offender shall countersign each entry made by the supervisor on such attendance return;

(c) rest pauses and meal breaks shall be included in the number of hours performed by the offender.

(5) A member of an advisory committee, other than the Chief Probation and Parole Officer, shall hold office for a term of three years but if at the expiration of that term his successor has not been appointed shall, subject to this Act, hold office until his successor is duly appointed.

(6) Each advisory committee shall meet as often as is necessary for the exercise and performance of its functions and duties but not less than once per annum.

(7) The Chief Probation and Parole Officer shall preside at all meetings of an advisory committee.

(8) Business shall not be conducted at a meeting of the advisory committee unless a quorum is present. A quorum shall consist of the Chairman and one other member of the advisory committee.

PART VA-FINE OPTION ORDERS 30. Maximum Number of Hours-

Conversion Scale: Fine/Hours

Amount of Fine

Does not exceed $100.00

⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰

Exceeds $100.00 but does not exceed $200.00 Exceeds $200.00 but does not exceed $500.00

⁰ ⁰ ⁰ ⁰

Exceeds $500.00

⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰ ⁰

Maximum Hours of Community

Service

50 hours 100 hours 200 hours 240 hours 31. Failure to Comply with a Requirement of an Order. A notice given to a defendant pursuant to section 89L (5) of this Act shall be in Form R (1).

32. Certificate of Chief Probation and Parole Officer. A certificate

of the Chief Probation and Parole Officer pursuant to section 89Q of

this Act shall be in Form S.

(9)

8 1984 FIRST SCHEDULE-FORMS

Form A-Request for Report for the Court;

Form B-Probation Order;

Form C-Schedule to Probation Orders;

Form D-Permit for Probationer/Prisoner to Leave and remain out of Queensland;

FormE-Certificate of Magistrates Court (Probation Order/Community Service Order);

Form F-Parole Order;

Form G-Order by Chief Probation and Parole Officer for Suspension of Parole;

Form G (I)-Notice of Order for Suspension of Parole;

Form H-Warrant by Chief Probation and Parole Officer for Apprehension and Conveyance of Prisoner to Prison;

Form !-Warrant by Board for Apprehension and Conveyance of Prisoner to Prison;

Form J-Community Service Order;

Form K-Fine Option Order;

Form L-Application for Substitution of New Supervising Court (Probation Order/Community Service Order);

Form L (I)-Amending Order (New Supervising Court);

Form M-Application for Discharge of Probation Order;

Form M (I)-Notice of Discharge of Probation Order;

Form N-Application for Amendment of Probation Order;

Form N (I)-Amending Order (Probation Order);

Form 0-Certificate by Court of Conviction of Probationer;

Form 0 (I)-Notice by Court of Conviction of Probationer;

Form p.:...._Application by Prisoner for Parole;

Form Q-Application for Extension of Time/Discharge/Reduction of Hours/Substitution of Other Penalty-of Community Service Order;

Form Q (I)-Notice by Court of Discharge/Variation of Hours/Extension of Time-of Community Service Order;

Form R-Notice of Failure to Comply with a Requirement of a Fine Option Order;

Form R (I)-Notice by Court of Revocation of Fine Option Order;

FormS-Certificate by Chief Probation and Parole Officer of Performance

of Community Service (Fine Option Order).

(10)

FormA QUEENSLAND

Offenders Probation and Parole Act I980-I983 (S. 13) Offenders Probation and Parole Regulations 1984 (R. 6)

REQUEST FOR REPORT FOR THE COURT TO: Chief Probation and Parole Officer

WHEREAS at (Name of Court) on (Date) (Name in Full, Surname in Block Letters) who resides at (Address) was charged with (Insert Offence) and remanded *in custody/*on bail at (Insert place where remanded) and is to appear for sentence at (Name and Place of Court) on (Date).

(N.B. The Offenders Probation and Parole Regulations 1984 provide that a report requested in accordance with the provisions of Section 13 (2) of the Offenders Probation and Parole Act I980-I983 should be forwarded to the court within twenty-one days of the date of receipt of the request by the Chief Probation and Parole Officer.)

Please cause to be prepared and submitted to (Name of Judge/Magistrate) the following reports on and information with respect to (Name of Person).

Insert particulars sought:

Dated this day of ' 19

Signature:

t

* Delete whichever is inapplicable.

t

Insert whether judge, magistrate or otherwise.

Form B QUEENSLAND

Offenders Probation and Parole Act I980-I983 (Ss. 17, 18 and 21) Offenders Probation and Parole Regulations 1984 (R. 1 0)

PROBATION ORDER WHEREAS (Name in Full, Surname in Block Letters)

(Insert Offence) at (Name and place of Court) (Insert Name of presiding Judge or Magistrate).

NOW THEREFORE THE COURT:-

has been found guilty of on (Date) before

*(i) instead of sentencing the offender makes a probation order releasing the offender and requiring the offender to be under the supervision of a probation officer for (Insert period of time).

*(ii) sentences the offender to a term of imprisonment of (Insert period of time) and in addition makes a probation order requiring the offender to be under the supervision of a probation officer for (Insert period of_ time).

(11)

The following are requirements of this probation order:- ( 1) that the probationer abstain from violation of the law;

(2) that the probationer report in person within 24 hours after release on probation or after release from prison to the probation officer at (Insert place);

(3) that the probationer carry out the lawful instructions of the probation officer;

(4) that the probationer report and receive visits as directed by the probation

·officer;

(5) that the probationer notify the probation officer within 48 hours of any change of address or change of employment during the probation period;

(6)-

*(i) that the probationer shall not leave or remain out of Queensland during the probation period;

*(ii) that the probationer is permitted to reside in another State or Territory as hereunder:- (Insert particulars).

(7) Insert further requirements as applicable:

The Magistrates Court at (Place) is appointed the supervising court for the purposes of this order.

Dated this day of , 19

Signature:

t

Insert whether judge, magistrate of otherwise.

(12)

Form C QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 35) Offenders Probation and Parole Regulations 1984 (R. 15)

SCHEDULE TO PROBATION ORDERS OFFENCES (Itemise) COURT REFERENCE

NUMBER DETAILS OF OFFENCE

(13)

Form D QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (Ss. 21 and 54) Offenders Probation and Parole Regulations 1984 (R. 10, 18)

PERMIT FOR PROBATIONER/PRISONER TO LEAVE AND REMAIN OUT OF QUEENSLAND

THIS is to certify that (Name of probationer/prisoner) is permitted to leave and remain out of Queensland for (Insert time) upon the following terms and conditions:-

19

Issued at this day of

Signature:*

t

* Signature of member of the Board or Chief Probation and Parole Officer.

t

Insert whether member of the Board or Chief Probation and Parole Officer.

FormE QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (Ss. 27 and 79) Offenders Probation and Parole Regulations 1984

CERTIFICATE OF MAGISTRATES COURT (PROBATION ORDER/COMMUNITY SERVICE ORDER) TO: Crown Solicitor

WHEREAS a *probation orderj*community service order was made in respect of (Insert Name of Person) by the (Insert Name of Court) at (Place) on

(Date) before (Insert Name of Presiding Judge).

The Magistrates Court at (Place) on the day

of , 19 -

*(i) committed the *probationerj*offender to custody to be brought before the court by which the order was made;

*(ii) granted bail to the *probationerj*offender to appear before the court by which the order was made.

I, , hereby certify that the *probationerj*offender has contravened or failed to comply with the following requirements contained in the

*probation orderj*community service order.

(14)

Insert particulars:

Dated this day of

Signature:

Clerk of the Court at

*Delete whichever is inapplicable.

Form F QUEENSLAND

Offenders Probation and Parole Act I980-I983 (Ss. 53, 54) Offenders Probation and Parole Regulations 1984 (R. 17)

PAROLE ORDER

' 19 .

(Place)

WHEREAS (Name in Full, Surname in Block letters) was convicted of (Insert offence) at (Insert name and place of Court) on (Date) and sentenced to (Insert term of imprisonment).

It is directed that the prisoner be released on parole on (Date).

The following are requirements of this Parole Order:-

(1) That the prisoner shall be under the supervision of a parole officer for (Insert parole period);

(2) That the prisoner abstains from violation of the law;

(3) That the prisoner carries out the lawful instructions of the parole officer;

(4) That the prisoner reports and receives visits as directed by the parole officer;

(5) That the prisoner notifies the parole officer within 48 hours of any change of address or change of employment during the parole period;

(6)-

*(i) that the prisoner shall not leave or remain out ofthe State save in compliance in every respect with the terms and conditions of a permit in writing of the Board or of the Chief Probation and Parole Officer;

*(ii) (Insert requirements, if any, relating to residence in Queensland or elsewhere);

(7) (Insert further requirements as applicable).

The parole period of this Order expires on (Date).

Dated this day of ' 19 .

Signature:

Parole Boiird.

(15)

14 1984

Form G

QUEENSLAND

Offenders Probation and Parole Act I980-I983 (S. 59) Offenders Probation and Parole Regulations 1984 (R. 20)

ORDER BY CHIEF PROBATION AND PAROLE OFFICER FOR SUSPENSION

. OF PAROLE

WHEREAS (Name in Full, Surname in Block Letters) was convicted of (Insert offence) at (Insert name and place of Court) on (Date) and sentenced to (Insert term of imprisonment) and was released from prison on parole;

AND WHEREAS breach by the prisoner of a requirement contained in the parole order has come to my notice in that the said (Name of prisoner)-

(Insert particulars of breach)

I, therefore, suspend the prisoner's parole for a period of (Insert period).

Dated this day of , 19 .

Signature:

Chief Probation and Parole Officer (or authorised delegate).

(Reverse Side of Form G) Form G (1) QUEENSLAND

Offenders Probation and Parole Act I980-I983 (S. 59) Offenders Probation and Parole Regulations 1984 (R. 20) NOTICE OF ORDER FOR SUSPENSION OF PAROLE TO: Secretary, Parole Board

NOTICE is hereby given pursuant to section 59 (2) of this Act that the parole of the prisoner mentioned in the attached Form G has been suspended as mentioned therein.

Signature:

(16)

FormH QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 60) Offenders Probation and Parole Regulations 1984 (R. 21) WARRANT BY CHIEF PROBATION AND PAROLE OFFICER FOR APPREHENSION AND CONVEYANCE OF PRISONER TO PRISON TO The Principal Police Officer at (Place). in the State of Queensland and

all other police officers in the said State, and to the Superintendent of the prison at (Place) in the said State:

WHEREAS (Name in Full, Surname in Block Letters) was convicted of (Insert offence) at (Insert name and place of Court) on (Date) and sentenced to (Insert term of imprisonment) and was released from prison on parole;

AND WHEREAS the prisoner's parole has been suspended for a period of (Insert period):

THESE ARE THEREFORE TO COMMAND YOU and all other police officers, in Her Majesty's name, to apprehend the prisoner and convey the prisoner to the prison specified hereil).: AND YOU the Superintendent of the prison to receive the prisoner into custody and to keep the prisoner in custody for so long as the order suspending the prisoner's parole remains in force.

Dated at , this day of

19 .

Signature:

Form I QUEENSLAND

WARRANT BY BOARD FOR APPREHENSION AND CONVEYANCE OF PRISONER TO PRISON

TO The Principal Police Officer at (Place) in the State of Queensland and all other police officers in the said State, and the Superintendent of the prison at

(Place) in the said State:

WHEREAS (Name in Full, Surname in Block Letters) was convicted of (Insert offence) at (Insert name and place of Court) on (Date) and sentenced to (Insert term of imprisonment) and was released from prison on parole:

(17)

AND WHEREAS the prisoner's parole has been *cancelled/*suspended by order of the Board:

THESE ARE THEREFORE TO COMMAND YOU and all other police officers, in Her Majesty's name, to apprehend the prisoner and c<.mvey the p~jsoner to ~he pri~on specified herein: AND YOU the Superintendent of the pnson to receive the pnsoner mto custody and detain the prisoner therein pursuant to the provisions of this Act.

Dated at , this day of

' 19 .

Signatures: t

Members of the Board.

tTo be signed by any two members of the Board.

Form J QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 70)

Offenders Probation and Parole Regulations 1984 COMMUNITY SERVICE ORDER

WHEREAS (Name in Full, Surname in BLOCK LETTERS) has been convicted of (Insert Offence) at (Name and Place of Court) on (Date) before

(Insert Name of presiding Judge or Magistrate).

NOW THE COURT HEREBY instead of passing sentence on him, requires the offender to perform unpaid community service in accordance with this Act for hours.

The following are requirements of this community service order:- (1) that the offender report in person to the probation officer at

and within (Insert time) (2) Insert further requirements as applicable.

(Insert place)

The following are obligations of the offender in respect of whom this Community Service Order applies:

(1) that the offender shall perform in a satisfactory manner for the number of hours specified in this order such community service as the probation officer directs at such times as the probation officer directs;

(2) that the offender shall while performing that service comply with every reasonable direction of a supervisor;

(18)

(3) that the offender shall advise the probation officer of every change in his place of residence within 48 hours of that change.

The Magistrates Court at

this order. (Insert place) is the supervising court in respect of

Dated this day of 19

Signature:

*

* Insert whether judge, magistrate or otherwise.

Form K QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 89F) Offenders Probation and Parole Regulations 1984

FINE OPTION ORDER

WHEREAS (Name in Full, Surname in Block Letters) has been convicted of (Insert Offence) at (Name and Place of Court) on (Date) before (Insert Name of Presiding Judge or Magistrate) and the said (Name in Full, Surname in Block Letters) was ordered to pay the sum of

in default to be imprisoned for a period of

AND WHEREAS the said (Name in Full, Surname in Block Letters) then and there applied to the Court for a Fine Option Order:

NOW THE COURT HEREBY has suspended the operation of the original Order and requires the defendant to perform unpaid community service in accordance with this

Act for hours.

The following are requirements of this Fine Option Order:-

(!) That the defendant report in person to the Probation Officer at (Insert place) and within (Insert time);

(2) That the defendant shall perform in a satisfactory manner for the number of hours specified in this Order such community service as the probation officer directs at such times as the probation officer directs;

(3) That the defendant shall while performing that service comply with every reasonable direction of a supervisor appointed pursuant to Part V of this Act.

Signature:

*

*Insert whether judge, magistrate or otherwise

(19)

Form L QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (Ss. 18, 71) Offenders Probation and Parole Regulations 1984 (Rs. 8, 24) APPLICATION FOR SUBSTITUTION OF NEW SUPERVISING COURT

(PROBATION ORDER/COMMUNITY SERVICE ORDER) TO the Magistrates Court at (Existing supervising court)

The application of (Name of *probationerj*offenderj*probation officer) who says

that on the day of , 19 , at

(name of court) , one (name of *probationer/offender) was convicted of (offence) and instead of sentencing the said (name of *probationer/

offender) the court made a *Probation Orderf*Community Service Order requiring

*him/her to:

*(1) be under the supervision of a probation officer for (time);

*(2) perform unpaid community service for

and the Magistrates Court at (existing supervising court) the supervising court in respect of that order:

hours, was appointed AND WHEREAS the said applicant now advises that the aforesaid *probationer/

*offender *has changedj*proposes to change *his/her place or residence to (new or proposed address) and the Magistrates Court at (place of new supervising cdurt) is or will be the Magistrates Court nearest to the new place of residence ofthe *probationer/

*offender or the most convenient in the circumstances.

APPLICATION IS HEREBY MADE that the Magistrates Court at (place of new supervising court) be substituted instead of the existing supervising court.

Dated this day of ' 19 ⁰

Signature:

(Applicant)

t

The approval of the Chief Probation and Parole Officer has been obtained in accordance with Section 95A of this Act.

Signature:

t

To be completed if application is made by a probation officer.

NOTE.-This application must be accompanied by a copy of the probation order or Community Service Order as the case may be.

(20)

(Reverse Side of Form L) Form L (1) QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (Ss. 18, 71) Offenders Probation and Parole Regulations 1984 (Rs. 8, 24)

AMENDING ORDER (NEW SUPERVISING COURT)

The Magistrates Court at has this day been substituted as supervising court in respect of the order mentioned in the attached Form L.

Signature:

(Magistrate or otherwise).

NOTE.-The Clerk of the Court that made the amending order is required to:

(1) forward to the Clerk of the Court substituted as the supervising court- (a) a copy of this order;

(b) the bench charge sheet relating to the offence in respect of which the probation order/community service order was made; and

(c) a copy of the original probation order/community service order.

(2) advise the Chief Probation and Parole Officer and the probationer/offender in writing of the identity of the new supervising court. (A copy of this form, duly completed, is sufficient for this purpose)

Form M QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 23) Offenders Probation and Parole Regulations 1984 (R. 11) APPLICATION FOR DISCHARGE OF PROBATION ORDER TO: The *Magistrates/District/Supreme Court at (Place)

The application of (Name of probationer or probation officer) who says that on

the day of , 19 , at the

aforesaid court, one (Name of probationer) was convicted of (Offence) and the Court-

*(i) instead of sentencing the offender made a Probation Order releasing the offender and requiring the offender to be under the supervision of a Probation Officer for (Insert period of time);

*(ii) sentenced the offender to a term of imprisonment of (Insert period of time) and in addition made a Probation Order requiring the offender to be under the supervision of a probation officer for (Insert period of time) The Magistrates Court at (Place) is the supervising court in respect of that order.

The said applicant now makes application that the Probation Order so made be discharged.

(21)

1984

Reasons for Application:

(If insufficient space use separate sheet)

Dated this day of ' 19

Signature:

(Applicant)

t

The approval of the Chie( Probation and Parole Officer has been obtained in accordance with Section 95A of this Act.

Signature:

t

NOTE.-This application must be accompanied by a copy of the probation order.

(Reverse Side of Form M) Form M (1) QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 23) Offenders Probation and Parole Regulations 1984 NOTICE OF DISCHARGE OF PROBATION ORDER

TO: *Chief Probation and Parole Officer/*Clerk of the Court at (Supervising Court) NOTICE is hereby given that the order mentioned in the attached Form M has this day been discharged.

Signature:

· (Clerk or Registrar of the Court).

Date:

Form N QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. '24) Offenders Probation and Parole Regulations 1984 (R. 12) APPLICATION FOR AMENDMENT OF PROBATION ORDER TO: The *Magistrates/District/Supreme Court at (Place)

The application of (Name of*probationer or probation officer) who says that on

the day of , 19 , at (Name

and place of court) , one (Name of probationer) was convicted of (Offence) and the Court-

*(i) instead or' sentencing the offender made a Probation Order releasing the offender and requiring the offender to be under the supervision of a Probation Officer for (Insert period of time);

*(ii) sentenced the offender to a term of imprisonment of (Insert period of time) and in addition made a Probation Order requiring the offender to be under the supervision of a Probation Officer for (Insert period of time).

The Magistrates Court at (Place) is the supervising court in respect of that order.

(22)

The said applicant now makes application that the Probation Order so made be amended by-

* cancelling the following requirement(s), not being a requirement referred to in paragraph (a) of Section 21 (1) of this Act.

* inserting therein the following requirement(s):

Dated this

(If insufficient space use separate sheet)

day of Signature:

' 19 (Applicant)

t

Signature:

t

NOTE.-This application must be accompanied by a copy of the probation order.

(Reverse Side of Form N) Form N (1) QUEENSLAND

AMENDING ORDER (PROBATION ORDER) The *Magistrates/District/Supreme Court at

amended the probation order mentioned in the attached Form N by-

Dated this day of

Signature:

t

insert whether judge, magistrate or otherwise.

* delete whichever is inapplicable.

t

NOTE.-the court that made this amending order is required to:

has this day ' 19

(1) forward to the Chief Probation and Parole Officer and the probationer, a copy of this order; and

(2) where required, forward a copy of this order to the supervising court.

(23)

Form 0 QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 29) Offenders Probation and Parole Regulations 1984

CERTIFICATE BY COURT OF CONVICTION OF PROBATIONER TO: *Crown Solicitor/*Clerk of the Court at (Place):

WHEREAS (Name of probationer) , being a person in whose case a Probation Order was made on (Date) at (Court) for a period of (Time), I, , the officer having the custody of the records of the

Court at (Place) hereby certify that on (Date) the aforesaid probationer was convicted at (Court) , not being the Court by which the Probation Order was made, of (Offence) , being an offence committed during the probation period, namely on (Date of offence), and not being an offence against Section 25 of this Act, and has been dealt with in respect of that offence by (Sentence, penalty, other).

Dated this day of

Signature:

t t

Insert whether Registrar, Clerk of the Court or otherwise.

(Reverse Side of Form 0) Form 0 (1) QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 29) Offenders Probation and Parole Regulations 1984 (R. 14) NOTICE BY COURT OF CONVICTION OF PROBATIONER TO: Chief Probation and Parole Officer

, 19 .

NOTICE is hereby given of the conviction mentioned in the attached Form 0.

Date: Signature:

(Officer of the Court).

(24)

Form P QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 52A) Offenders Probation and Parole Regulations 1984 APPLICATION BY PRISONER FOR PAROLE

I, (Full name of prisoner) hereby make application to the Parole Board for release from prison on parole.

Signature:

(Prisoner).

Date PERSONAL PARTICULARS Prison:

Age: Marital status:

Address of spouse/next of kin:

Previous occupation and employer:

Nature of prospective employment:

Nature of prospective accommodation:

N.B. Offer of employment and/or accommodation should be in writing.

ADDITIONAL INFORMATION IN SUPPORT OF THIS APPLICATION

Form Q QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (Ss. 81, 82) Offenders Probation and Parole Regulations 1984 (Rs. 26, 27)

APPLICATION FOR *EXTENSION OF TIME/DISCHARGE/REDUCTION OF HOURS/SUBSTITUTION OF OTHER PENALTY-OF COMMUNITY SERVICE

ORDER

TO: The *Magistrates/District/Supreme Court at (Place)

The application of *Probation Officer/Offender who says that on the

day of , 19 , at (name and place

of court) one (name of offender) was convicted of (offence) and the Court instead of passing sentence required the offender to perform unpaid community service for hours. The said applicant now makes application that-

*(a) the period in which the offender is to perform community service be extended beyond twelve months to (insert time); or

(25)

24 Offenders Probation and Parole Regulations 1984

*(b) the order be discharged; or

*(c) the number of hours which the offender is required to perform community service be reduced to (insert number of hours); or

*(d) the Court deal with the offender in any manner which it could have if it had just convicted the offender of the offence in respect of which the order was made; or

*(e) the Court commit the offender to be brought or to appear before the Court by which the order was made in accordance with Section 82(2)(b) of this Act.

Dated this

(If insufficient space use separate sheet) day of

Signature:

' 19 . (Applicant).

t

Signature:

t

NOTE:-This application must be accompanied by a copy of the Community Service Order.

(Reverse Side of Form Q) Form Q (1) QUEENSLAND

NOTICE BY COURT OF DISCHARGE/VARIATION OF HOURS/EXTENSION OF TIME-OF COMMUNITY SERVICE ORDER

TO: * Chief Probation and Parole Officer

* Magistrates Court at

*

(insert place of supervising court) (insert name of offender):

(26)

NOTICE is hereby given that the Court has in respect of the Community Service Order mentioned in the attached Form Q:

*

(a) discharged the Community Service Order;

*

(b) varied the number of hours which the offender is required by the Community Service Order to perform community service to (insert new number of hours);

*

(c) extended with respect to the Community Service Order the period of twelve months specified in Section 75 (3) of thts Act (insert time).

Signature:

t

Date:

*

Delete whichever is inapplicable.

t

Insert whether judge, magistrate or otherwise.

Form R QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 89L) Offenders Probation and Parole Regulations 1984

NOTICE OF FAILURE TO COMPLY WITH A REQUIREMENT OF A FINE OPTION ORDER

TO: (defendant)

WHEREAS (Name in full, surname in Block Letters) was convicted of (Insert o.ffencejs) at (Name and place of Court) on (Date) before (Insert name of presiding judge or magistrate) and the defendant was ordered to pay

in default and the defendant then and

there applied to the Court for a Fine Option Order and the court suspended the operation of the original order and required the defendant to perform unpaid community service in accordance with this Act for hours.

I, (Name of Probation Officer) , a Probation Officer appointed pursuant to Section 9 (1) of this Act, do say that m my opinion the defendant has failed during the currency of the Fine Option Order to comply with a requirement thereof in that the defendant:-

(Insert particulars)

Signature:

Probation Officer.

Signature

(27)

26 1984

NOTICE IS HEREBY GIVEN that you are required to appear before the

day of Court at , on the

for determination of the matter. , 19 , at o'clock in the *forenoon/afternoon

Dated this day of , 19

Signature:

Clerk or Registrar of the Court.

(Reverse Side of Form R) Form R (1) QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 89L) Offenders Probation and Parole Regulations 1984 (R. 31) NOTICE BY COURT OF REVOCATION OF FINE OPTION ORDER TO: (defendant)

WHEREAS the court mentioned in the attached Form R is satisfied that you have been given notice pursuant to Section 89L ( 1) of this Act to appear before the aforementioned court on (Date) at (Place) at o'clock in the *forenoon/afternoon, and you failed to appear:

NOTICE IS HEREBY GIVEN that the court has proceeded to hear and determine the matter in your absence and has revoked the Fine Option Order mentioned in the attached Form R.

Signature:

(Officer of the Court).

NOTE.-The provisions of Section 89M of this Act now apply as follows:- (1) Where a court revokes a fine option order pursuant to section 89L the original

order made in relation to the defendant shall, without further order, again become operative and any time that was allowed for the payment of the fine or any direction that the fine was to be paid by instalments shall be disregarded;

(2) For the purpose of the proviso to section 174 of the Justices Act 1886-1982 any amount credited against the amount of a fine consequent upon the defendant having performed community service shall be taken to be payment of part of a sum adjudged to be paid by a decision.

(28)

FormS QUEENSLAND

Offenders Probation and Parole Act 1980-1983 (S. 89Q) Offenders Probation and Parole Regulations 1984 (R. 32) CERTIFICATE BY CHIEF PROBATION AND PAROLE OFFICER OF PERFORMANCE OF COMMUNITY SERVICE (FINE OPTION ORDER) TO: The *Magistrates/District/Supreme Court at (Place)

WHEREAS (Name in full, Surname in Block Letters) (defendant) was convicted of (Insert offence) at the. aforesaid court on (Date) before (Insert name of Presiding Judge or Magistrate) and the defendant was ordered to pay the

sum of m default and the

defendant then and there applied to the Court for a Fine Option Order and the Court suspended the operation of the original Order and required the defendant to perform unpaid community service in accordance with this Act for hours.

I hereby certify that the said defendant has-

* performed community service under the Fine Option Order for hours;

* failed to perform

Order. hours community service under the Fine Option

Dated this day of

Signature:

, 19

63615-By Authority: S. R. HAMPSON, Government Printer, Queensland.