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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZH: Application of section 80F during epidemic

You could also call this:

"What happens to home detention rules during an epidemic"

Illustration for Sentencing Act 2002

If there is an epidemic management notice in place, a probation officer can change the special conditions of a home detention sentence. You might be wondering what a home detention sentence is - it's when someone has to stay at home as a punishment. If you or a probation officer has asked for these conditions to be changed under section 80F(4), the probation officer can make the changes themselves. A probation officer can also change or stop any standard conditions of a home detention sentence.

When a probation officer makes changes under certain conditions, these changes are in place until the application to change the conditions has been heard and decided. If a probation officer changes or stops a standard condition, this change is in place until the epidemic management notice is cancelled or the probation officer decides to change it back.

A probation officer has some extra powers when there is an epidemic management notice in place, which allows them to make changes to home detention sentences without having to go to court first.

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80ZI: Application of section 80R during epidemic, or

"What happens to home detention rules during an epidemic"

Part 2Sentences, orders, and related matters
Home detention

80ZHApplication of section 80F during epidemic

  1. While an epidemic management notice is in force,—

  2. a probation officer who has applied for an order under section 80F(4) varying the special conditions subject to which a sentence of home detention was imposed by the court on an offender may himself or herself vary those conditions; and
    1. any probation officer may himself or herself vary the special conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80F(4) varying those conditions; and
      1. a probation officer may vary or suspend any standard conditions of a sentence of home detention.

        1. A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard and disposed of.

        2. Any variation or suspension of a standard condition under subsection (1)(c) has effect until the earlier of—

        3. the revocation of the epidemic management notice; or
          1. the date a probation officer rescinds the variation or suspension.

            Notes
            • Section 80ZH: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).