Where a person is sentenced to a term of imprisonment of not more than 18 months, the court may make an order directing that the sentence be served by way of home detention. Unless otherwise indicated, a home detention order expires at the end of the term of the sentence or at the expiry of the non-parole period. In some circumstances, where a person serves a sentence of home detention, they will be allowed to continue their employment.
Conditions that are normally attached to a Home Detention Order include:
- Residing at a certain specified address.
- Wearing an electronic monitoring device.
- Abstaining from prohibited drugs or alcohol.
- Refraining from committing any illegal offence.
- Reporting regularly to a nominated supervisor.
- Leaving the residence only to take part in approved activities such as community service or employment.
- Consenting to employers having contact with a nominated supervisor and sharing information.
- Agreeing to searches of property and possessions.
- Avoiding associating with certain people.
- Agreeing to undertake any rehabilitation or counselling programs.
- Consenting to therapists or medical professionals sharing information with the supervisor.
- Submitting to drug or alcohol testing on request.
Before making a home detention order, the court will order an assessment to determine suitability. The assessment will consider:
- Any criminal record and the likelihood of re-offending.
- Any dependency on illegal drugs.
- The likelihood you will commit a domestic violence offence.
- Whether any circumstances of your residence, employment, study or other activities would inhibit effective monitoring of a home detention order.
A home detention order is not available for the offences of murder, attempted murder or manslaughter, sexual assault or sexual offences involving children, armed robbery, firearms offences, any offence involving the use of a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, assault occasioning actual bodily harm (or any more serious assault, such as malicious wounding or assault with intent to do grievous bodily harm), drug supply involving commercial quantities, stalk/intimidate, or a domestic violence offence against any person with whom it is likely the offender would reside or continue or resume a relationship. Further, people are excluded from eligibility for home detention where their criminal record has an offence of murder, attempted murder or manslaughter, sexual assault or sexual offences involving children, stalk/intimidate, or in the last 5 years has been convicted of a domestic violence offence or subject to an AVO against any person with whom it is likely the offender would reside or continue a relationship.
The courts do not have the power to revoke home detention orders. Rather, this power resides with the Parole Authority. The Parole Authority may conduct an inquiry into breaches of an offender’s obligations under a home detention order whether or not the order has expired.