Last updated 23 September 2024

An offender who contravenes any requirement of a community-based order without reasonable excuse commits an offence punishable by a maximum penalty of 10 penalty units. As at the date of writing, one penalty unit is equivalent to $161.30. The value of a penalty unit can be found at reg 3 of the Penalties and Sentences Regulation 2015 (Qld).

In addition to, or instead of, issuing a penalty, the court may also:

  • make an order that any amount required to be paid pursuant to the community-based order concerned is to be paid immediately and enforce that payment
  • with the offender’s consent, make an order to increase the number of hours for which the offender is required to perform community service
  • with the offender’s consent, make an order to increase the number of hours for which the offender is required to perform graffiti removal service
  • make an order extending the period of one year allowed for the offender to perform community service or graffiti removal service
  • resentence the offender for the offence for which the community-based order was made.

In resentencing, the court must take into account the making of the community-based order and the extent of the offender’s compliance with the community-based order. Upon resentencing, the original community-based order will be automatically discharged.

A community-based order may also be revoked or amended, and the offender may be resentenced if they are unable to, or no longer willing to, comply with the order, or if the offender’s circumstances were not accurately presented to the court when the order was originally imposed (s 120 Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act)).

An offender who breaches an intensive correction order may be sent to prison for the term of imprisonment that remained unexpired at the time of the breach (s 127 Penalties and Sentences Act).