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Recommendation 94
This recommendation is assigned to CSNSW.
Recommendation
a. Sentencing and correctional authorities should accept that community service may be performed in many ways by an offender placed on a community service order; and
b. Consistent with the object of ensuring that offenders do not re-offend, approval should be given, where appropriate, for offenders to perform Community Service work by pursuing personal development courses which might provide the offender with skills, knowledge, interests, treatment or counselling likely to reduce the risk of re-offending.
Context
The Royal Commission considered that Aboriginal recidivism is a matter of serious concern and that a person who comes before the court with prior convictions reflects the failures of the system to provide rehabilitation and deterrence. Recommendation 94 is directed at extending the definition of community service to other activities that may assist rehabilitation.
Status: Implemented as far as relates to CSNSW
The New South Wales Government has legislated Recommendation 94 and implemented personal development programs through CSNSW.
Detail of implementation
The New South Wales Government has incorporated Recommendation 94 into legislation and has implemented personal development programs through Corrective Services NSW (CSNSW).
In New South Wales, personal development programs may be counted as community service work under section 3 of the Crimes (Administration of Sentences) Act 1999.
CSNSW offers a range of methods for completing community-service obligations depending on the offender’s personal circumstances, work commitments and obligations, and other factors. The NSW Government is currently undertaking reforms to Intensive Corrections Orders which will enable more Aboriginal offenders to participate in work and other activities and avoid custodial sentences. This reform addresses the lack of available paid employment in regional and rural locations.
Evidence
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