Breaches of Intensive Correction Orders

The State Parole Authority (SPA) does not issue Intensive Corrections Orders (ICOs) but has legilsative powers to revoke an order and return an offender to custody.

It also holds review hearings into revocations of ICO and, where appropriate, can reinstate an order.

Offenders on an ICO are supervised and managed by Community Corrections Officers and a breach can have serious consequences for an offender.

If you are on an ICO and commit a serious breach of your order, then Community Corrections will notify the State Parole Authority.

This may result in immediate action to revoke your order and issue a warrant for your arrest, and you will be taken into custody.

The SPA can only act if it is notified by Community Corrections which must file a report outlining the details of the breach.

Minor breaches

If an offender commits a minor breach of their ICO - such as missing an appointment - the legislation allows Community Corrections officers to deal with minor breaches by taking one of the following actions:

• Record the breach and take no further action against the offender
• Provide an informal warning to the offender
• Provide a formal warning to the offender and advise them that any further breaches will be reported to the State Parole Authority
• Give a reasonable direction to the offender[
• Impose a curfew of up to 12 hours in any 24-hour period.

Serious breaches

For more serious breaches of an ICO, such as failing to engage with supervision or interventions, the SPA is notified by Community Corrections officers who file an official breach report.

The report outlines the details of the breach of the order, the offender's response to supervision and a recommendation by Community Corrections for appropriate action.

Depending on the nature of the breach, the actions the SPA can take are:

• To note the report
• Stand the matter over – usually to follow court results or obtain updated information from Community Corrections
• Impose a more stringent condition of the ICO – such as curfews or home detention for a short period
• Revoke the Intensive Correction Order by issuing a warrant for the offender’s arrest and return to custody.

Generally, if an offender commits a serious offence while on an ICO, the SPA  immediately revokes the order and issues a warrant for NSW Police to arrest the offender and bring them into custody.

The SPA can only take action if it is notified via a Community Corrections breach report.