Provided that on and from the commencement of Part IV of this Act the Under-Secretary of the Department of Welfare Services shall be a member of the Council. In Part III or V of this Act, a reference to the court by which a probation order or community service order was made is deemed to be a reference-. a) where the order was made by the Supreme Court - after any sessions of the Supreme Court in its criminal jurisdiction anywhere in Queensland;. 34;Chief Probation and Parole Officer" means the Chief Probation and Parole Officer appointed under this Act: the term includes any person for the time being holding the office or performing the duties of the Chief Probation and Parole Officer;.
34;parole officer" means a parole officer appointed under this Act: the term includes the Chief Probation and Parole Officer, an honorary parole officer and any person appointed for the time being to perform the whole or any part of the duties of a parole officer; 34;probation officer" a probation officer appointed under this Act: the term includes the Chief Probation and Parole Officer, an honorary probation officer and any person appointed for the time being to supervise the whole or any part of the duties of a probation officer;. 34; Under-Secretary" means the person who at the material time is the permanent head of the responsible Qepartment of Government, subject to the Minister for the administration of this Act.
A delegation is revocable at the will of the Chief Probation and Parole Officer and does not prevent the exercise of a power or authority, or the performance of a function or duty by him. Except where the court making a probation order is the supervising court, that court must also cause a copy of the order to be sent to the clerk of the supervising court together with the other documents and information prescribed. A probation officer designated in terms of this section is the probation officer for the purposes of the order and supervises the probation officer during the probation period.
A court at which a probation order has been made, or a supervisory court that makes an order to amend a criminal order, must then send a copy of the amendment order to the senior probation officer and the parolee.
Proceedings in connection with or arising out of a breach of a conditional order may be instituted and the person in respect of whom the sentence is passed be dealt with under this Act for the offence, regardless of whether the probationary period has expired or the conditional order is revoked. In any subsequent case where it is relevant to prove the ruling of a in subsection 1 order on probation, it must be considered that a separate appropriate order has been made for each of the offenses listed in the schedule. The members of the board mentioned in letter e) are referred to in this act as the "designated members".
A judge appointed pursuant to this subsection shall serve as a member of the board for the term for which he was appointed and shall during that time be the chairman of the board and shall have and may exercise the powers and authority and perform the functions and duties of a member of the board. (3) (a) Each of them, the Under-Secretary, Department of Social Welfare, the Under-Secretary, Department of Justice, and the Superintendent-General of Prisons may appoint a person who is an officer of his department as his deputy as a member. of the committee. 5) (a) The Governor in Council may, by notice published in the Official Gazette, at any time appoint a qualified person who is not a member of the Board to act as an alternate to the nominated member.
The Under-Secretary of the Department of Welfare Services shall, if present, preside at the meeting so convened and in his absence a member of the Council duly designated in that name by the members present shall preside. The member who presides at such meeting shall have and exercise the powers and powers and perform the functions and duties of the chairman of the Council in terms of this Act. The Board shall, on request in that behalf at any time by the Minister, provide him with a written report on any matter relating to the operation of this Act in relation to parole or to the exercise of any power or authority or the execution of a function or duty of the Council.
A permit under this subsection must be in writing and signed by a member of the Board or, as the case may be, the Chief Probation and Parole Officer. A Magistrate's Court convicting a prisoner who appears before it in terms of section 57 (1) or is brought before it under section 57 (2) may, without prejudice to the continuation of the parole order, impose on him a fine not exceeding $500 . . At the request of the Board, the Chief Probation and Parole Officer shall provide the Board with such reports and information relating to the offense as it requires.
Where a period of parole has expired and the Board has not made an order during that period in respect of the prisoner who is the subject of the parole order, or the prisoner has not committed an offense during that period in Queensland or elsewhere (other than an offense against Article 56) for which he has been sentenced to imprisonment, the prisoner shall, either during or after the expiry of the period of parole, be deemed to have served the term of imprisonment or detention to which the parole order relates. has been made and will be released from it, or if he is a habitual criminal, he will cease to be a habitual criminal. The Council may again parole a prisoner notwithstanding that his parole has been revoked on a previous occasion or occasions in respect of the same term of imprisonment, detention for a fixed period or detention at Her Majesty's pleasure. When a community order is varied in accordance with this section, the clerk of the court that issued the modification order shall forward a copy of the community order to the clerk of the court supervising and to the Chief Probation and Parole Officer. as so amended, together with other documents and information as may be prescribed.
Circumstances in which a community service order may be made
Where the supervisory court, following a request made by the correctional service or the offender himself, is convinced that the offender has changed or intends to change residence, so that a Magistrates Court other than the supervisory court is or will become the Magistrates Court. nearest to the offender's new place of residence or in the circumstances most convenient, the supervising court may by order vary the community service order relating to the offender by substituting such other Magistrates Court as the supervising court for the existing one. supervisory authority. If a community service order is modified in accordance with this section, the clerk of the court that made the modification order shall send a copy of the community service order to the clerk of the court superseded by the supervising court and the director of probation and parole . as amended together with such other documents and information as may be prescribed. (i) has been notified by a probation officer that arrangements exist whereby persons residing in the area where the person intends to reside may perform community service under such an order. Before making a decision on community service, the court must explain or arrange for an explanation to the person to whom it is intended to make the order in a language that is easily understandable to him. a) the purpose and effect of the order;.
A community service order remains in effect until-. a) the perpetrator has performed community service in accordance with clauses (a) and (b) of section 75, subsection 1, in the number of hours specified in the order. An offender against whom a community service order has been made and who, while the order is in force, contravenes or fails to comply with a requirement contained therein or a prescribed requirement thereof, commits an offense under this Act.
Powers of Supreme Court or District Court before which offender appears. A court before which an offender appears pursuant to an order
The judge who subsequently convicts an offender for the offense for which community service has been imposed on him takes into account -. a) placing the order; A conviction for which community service has been imposed is disregarded for certain purposes. For the purposes of this part, the minister may designate any activity as community service.
34; community service" any activity that has been declared as community service by the Minister in terms of section 88;. The provisions of section 86 apply to a defendant in respect of-. a) community service performed by him in terms of a penalty option order;.
