107KBoard may impose special conditions

1. At any time before an extended supervision order expires or is cancelled, and whether or not it has come into force, the Board may, on an application by the chief executive or a probation officer, impose on the offender any special condition that the Board is entitled to impose under section 15.

2. Despite section 35(c), the Board may impose residential restrictions without being satisfied that the offender agrees to comply with them.

3. Repealed

4. When the Board imposes special conditions under this section,—

5. the Board must specify the duration of those conditions which may (subject to paragraphs (b) and (ba)) be for the full term of the order, or any lesser period; and
6. any residential restrictions that include the requirement in section 33(2)(c)(ii) may apply only within the first 12 months of the term of the order; and
7. any intensive monitoring condition may apply only within the first 12 months of the term of the order; and
8. any condition requiring the offender to participate in a programme (as referred to in section 15(3)(b)) must not—
   1. require that the offender be, or result in the offender being, supervised, monitored, or subject to other restrictions, for longer each day than is necessary to ensure the offender's attendance at classes or participation in other activities associated with the programme; or
9. if the Board considers that any special conditions imposed on the offender are incompatible with all or any of the standard extended supervision conditions, the Board may (despite section 107J(1)(a)) suspend those incompatible standard extended supervision conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.

10. Subsection (3B) applies if the Board has imposed or imposes on an offender any of the following special conditions:

11. a condition requiring the offender to submit to being accompanied and monitored for up to 24 hours a day under section 33(2)(c) and subsection (2) (imposed before the commencement of the Parole (Extended Supervision Orders) Amendment Act 2014):
12. a condition of long-term full-time placement in the care of an appropriate agency, person, or persons for the purposes of a programme under sections 15(3)(b) and 16(c) and subsection (1) (imposed before the commencement of the Parole (Extended Supervision Orders) Amendment Act 2014):
13. an intensive monitoring condition imposed under subsection (1) in accordance with an order made by the court under section 107IAC(1).

14. When this subsection applies, the standard condition in section 107JA(1)(i)—

15. is suspended during the period in which the special condition is in force; and
16. is for that period replaced by the condition specified in subsection (3C).

17. For the purposes of subsection (3B)(b), the condition is that the offender must not associate with, or contact, a person under the age of 16 years, except—

18. with the prior written approval of an employee of the chief executive authorised by the chief executive to grant such approval; and
19. in the presence and under the supervision of an adult who—
    1. has been informed about the relevant offending; and
    2. has been approved in writing by a probation officer as suitable to undertake the role of supervision.

20. Subsections (2) and (4) of section 15 apply in respect of special conditions imposed under this section.

21. If an offender is subject to a special condition under this section that requires the offender to take prescription medication, the offender does not breach his or her conditions, for the purposes of section 107T, if he or she withdraws consent to taking prescription medication.

22. The Board must notify the offender concerned, and every victim of the offender, if it is considering imposing special conditions under this section.

23. The offender and any victim of the offender may make written submissions to the Board and, with the leave of the Board, may appear and make oral submissions on whether special conditions should be imposed, what the conditions should be, and their duration.

24. Notice of any special conditions attached to an extended supervision order must be provided, in writing, to the following:

25. the offender:
26. the chief executive:
27. the Police:
28. every victim of the offender; but the Board may withhold notice of a particular condition if disclosure of the condition would unduly interfere with the privacy of any other person (other than the offender).