Last updated 23 September 2024

Probation orders

A probation order is a community-based order where the offender is allowed to remain in the community under the supervision of a corrective services officer and must comply with certain conditions.

When imposing a probation order, the court has discretion whether or not to record a conviction (s 90 Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act).

Probation orders may be combined with community service orders and are often given to young offenders who the court considers would benefit from the supervision and direction of such an order.

Under a probation order, an offender may be released on probation:

  • immediately, for a period not less than six months or more than three years (in which case the court has a discretion whether or not to record a conviction) (s 92(1)(a) Penalties and Sentences Act)
  • after a period of imprisonment not exceeding 12 months, for a period not less than nine months or not more than three years (in which case the court must record a conviction) (s 92(1)(b) Penalties and Sentences Act).

Every probation order must contain the requirements that the offender must (s 93 Penalties and Sentences Act):

  • not commit another offence during the period of the order
  • report to an authorised corrective services officer at the place and within the time specified in the order
  • report to and receive visits from the officer as directed by an authorised corrective services officer
  • take part in counselling and satisfactorily attend any other programs as directed by the court or an authorised corrective services officer during the probation period
  • notify an authorised corrective services officer of any change of the offender’s home address or employment within two business days after the change happens
  • not leave or stay outside of Queensland without the prior permission of an authorised corrective services officer
  • comply with every reasonable direction of an authorised corrective services officer.

A probation order may also contain additional conditions such as a requirement that the offender to submit to medical, psychiatric or psychological treatment or comply with other conditions that the court thinks necessary to cause the offender to behave in a way acceptable to the community or to stop the offender from committing further offences (s 94 Penalties and Sentences Act).

Before making a probation order, the court must explain, in a language or way likely to be readily understood by the offender (s 95 Penalties and Sentences Act):

  • the purpose and effect of the probation order
  • the consequences of contravening the requirements of the probation order
  • that the probation order may be amended or revoked on application by the offender, an authorised corrective services officer or the director of public prosecutions.

Finally, the offender must agree to the probation order being made and agree that they will comply with the requirements of the probation order (s 96 Penalties and Sentences Act).

A probation order is terminated (s 99 Penalties and Sentences Act):

  • at the end of its period
  • if the offender is sentenced or further sentenced for the offence for which the probation order was made
  • if the probation order is revoked because:
    • the offender is no longer able to comply with the probation order because of a material change in the offender’s circumstances
    • the offender’s circumstances were wrongly stated to the court when the probation order was made
    • the offender is no longer willing to comply with the probation order.

Community service orders

A community service order requires an offender to perform unpaid community service under the supervision of a corrective services officer for a certain number of hours stated in the order.

When imposing a community service order, the court has discretion whether or not to record a conviction (s 100 Penalties and Sentences Act).

The type of community service to be performed under the order be decided by the corrective services officer, having regard to the skills and abilities of the offender and the community service work that is available.

Community service orders may be combined with a probation order and are a particularly useful sentencing option for an offender who the court considers would benefit from giving something back to the community.

Every community service order must contain the requirements that the offender must (s 103 Penalties and Sentences Act):

  • not commit another offence during the period of the order
  • report to an authorised corrective services officer at the place and within the time specified in the order
  • report to and receive visits from the officer as directed by an authorised corrective services officer
  • perform, in a satisfactory way, community service directed by an authorised corrective services officer for the number of hours stated in the order and at the times directed by the officer
  • notify an authorised corrective services officer of any change of the offender’s home address or employment within two business days after the change happens
  • not leave or stay outside of Queensland without the prior permission of an authorised corrective services officer
  • comply with every reasonable direction of an authorised corrective services officer.

The total number of hours of community service stated in the order must not be less than 40 hours or more than 240 hours and must be completed within one year of making the order or another time allowed by the court (s 103(2A) Penalties and Sentences Act).

Before making a community service order, the court must explain, in a language or way likely to be readily understood by the offender (s 105 Penalties and Sentences Act):

  • the purpose and effect of the community service order
  • the consequences of contravening the requirements of the community service order
  • that the community service order may be amended or revoked on application by the offender, an authorised corrective services officer or the director of public prosecutions.

Finally, the offender must agree to the community service order being made and agree that they will comply with the requirements of the community service order (s 106 Penalties and Sentences Act).

A community service order is terminated (s 108 Penalties and Sentences Act):

  • when the offender performs community service for the number of hours stated in the order and in accordance with the other requirements of the order
  • if the offender is sentenced or further sentenced for the offence for which the community service order was made
  • if the community service order is revoked because:
    • the offender is no longer able to comply with the community service order because of a material change in the offender’s circumstances
    • the offender’s circumstances were wrongly stated to the court when the community service order was made
    • the offender is no longer willing to comply with the community service order.

If an offender is convicted of:

  • affray
  • grievous bodily harm
  • wounding
  • common assault
  • assault occasioning bodily harm
  • assaulting, resisting or obstructing a police officer (or any other person aiding a police officer) while acting in the execution of their duties
  • assaulting, resisting or obstructing a public officer while acting in the execution of their duties or because they have performed a function of their public office
  • assaulting or obstructing a police officer in the performance of their duties

and the offence is committed in a public place and while the offender was adversely affected by an intoxicating substance then, unless the court is satisfied that the offender is not capable of complying with the order because of any physical, intellectual or psychiatric disability, the court must make a community service order for the offender regardless of whether it also makes another order (s 108B Penalties and Sentences Act). If a community order is made in those circumstances but the offender is detained in custody or on remand or is serving a period of imprisonment in a corrective services facility, then the community service order is suspended for the period the offender is detained or imprisoned and the period for performance of the community service order is extended by that period (s 108D Penalties and Sentences Act).

Graffiti removal order

If an offender is convicted of:

  • wilful damage to property in a public place (or visible from a public place) in circumstances where the damage is caused by spraying, writing, drawing, marking, painting, scratching or etching
  • possessing a graffiti instrument (e.g. a can of spray paint) that is reasonably suspected of having been used for graffiti, is being used for graffiti or is reasonably suspected of being about to be used for graffiti

then, unless the court is satisfied that the offender is not capable of complying with the order because of any physical, intellectual or psychiatric disability, the court must make a special type of community service order called a graffiti removal order.

As the name suggests, a graffiti removal order requires an offender to perform unpaid graffiti removal service under the supervision of a corrective services officer for a certain number of hours stated in the order.

The court may impose a graffiti removal order regardless of whether or not it records a conviction or also makes another order (s 110A(2) Penalties and Sentences Act).

Every graffiti removal order must contain the requirements that the offender must (s 103 Penalties and Sentences Act).:

  • not commit another offence during the period of the order
  • report to an authorised corrective services officer at the place and within the time specified in the order
  • report to and receive visits from the officer as directed by an authorised corrective services officer
  • perform, in a satisfactory way, graffiti removal service directed by an authorised corrective services officer for the number of hours stated in the order and at the times directed by the officer;
  • notify an authorised corrective services officer of any change of the offender’s home address or employment within two business days after the change happens
  • not leave or stay outside of Queensland without the prior permission of an authorised corrective services officer
  • comply with every reasonable direction of an authorised corrective services officer.

The total number of hours of graffiti removal service stated in the order must not be more than 40 hour and must be completed within one year of making the order or another time allowed by the court (s 110C(2) Penalties and Sentences Act).

As with a community service order and probation order, before making a graffiti removal order, the court must explain, in a language or way likely to be readily understood by the offender (s 110D Penalties and Sentences Act):

  • the purpose and effect of the graffiti removal order
  • the consequences of contravening the requirements of the graffiti removal order
  • that the graffiti removal order may be amended or revoked on application by the offender, an authorised corrective services officer or the director of public prosecutions.

The court may make a combination of orders that includes a graffiti removal order, a community service order and/or a probation order, however (ss 110E and 110F Penalties and Sentences Act).:

  • the court must make separate orders and must not impose one order as a requirement of another order
  • if the court makes both a graffiti removal order and a community service order, the total number of hours for both orders must not exceed 240 hours
  • if the court makes more than one graffiti removal order, the total number of hours for the orders must not exceed 40 hours
  • if the offender contravenes the requirements or any one order and is consequently dealt with for the original offence, the other orders are discharged.

A graffiti removal order is terminated (s 110I Penalties and Sentences Act):

  • when the offender performed graffiti removal service for the number of hours stated in the graffiti removal order and in accordance with the other requirements of the graffiti removal order
  • if the offender is sentenced or further sentenced for the offence for which the graffiti removal order was made
  • if the graffiti removal order is revoked because the court is satisfied that the offender is not capable of complying with the graffiti removal order because of any physical, intellectual or psychiatric disability.

Intensive correction orders

An intensive correction order can only be made if the court has:

The effect of an intensive correction order is that the offender serves their sentence of imprisonment by way of intensive correction in the community, rather than in a prison (s 113(1) Penalties and Sentences Act).

An offender subject to an intensive correction order will not be taken to have been sentenced to a term of imprisonment for the purposes of any legislation providing for the disqualification for, or loss of, office or the forfeiture of benefits (s 113(2) Penalties and Sentences Act). An intensive correction order is usually imposed as a last resort (on people who have a history of offending) before an offender is given a sentence of actual imprisonment (to be served in a prison).

Every intensive correction order must contain the requirements that the offender must (s 114 of the Penalties and Sentences Act).:

  • not commit another offence during the period of the order
  • report to an authorised corrective services officer at the place and within the time specified in the order
  • report to and receive visits from an authorised corrective services officer at least twice each week that the order is in force
  • perform, in a satisfactory way, any community service that an authorised corrective services officer may direct during the period of the order
  • if an authorised corrective services officer directs, reside at community residential facilities for periods (not longer than seven days at a time)
  • notify an authorised corrective services officer of any change of the offender’s home address or employment within two business days after the change happens
  • the offender must not leave or stay outside of Queensland without the prior permission of an authorised corrective services officer
  • comply with every reasonable direction of an authorised corrective services officer.

An authorised corrective services officer must not direct an offender to attend programs or perform community service for more than 12 hours in a week, however, unless the court or an authorised corrective services officer otherwise directs, the offender must attend programs for one-third of the time directed and perform community service for two-thirds of the time directed (ss 114(2) and (2A) Penalties and Sentences Act).

An offender may also be required to submit to medical, psychiatric or psychological treatment or comply with any other conditions that the court considers necessary to cause the offender to behave in a way that is acceptable to the community or to stop the offender from committing further offences (s 115 Penalties and Sentences Act). Before making an intensive correction order, the court must explain, in a language or way likely to be readily understood by the offender (s 116 Penalties and Sentences Act):

  • the purpose and effect of the intensive correction order
  • the consequences of contravening the requirements of the intensive correction order
  • that the intensive correction order may be amended or revoked on application by the offender, an authorised corrective services officer or the director of public prosecutions.

The offender must agree to the intensive correction order being made and agree that they will comply with the requirements of the intensive correction order (s 117 Penalties and Sentences Act).

An intensive correction order is terminated (s 119 Penalties and Sentences Act):

  • at the end of its period
  • if the offender is sentenced or further sentenced for the offence for which the intensive correction order was made
  • if the community service order is revoked because:
    • the offender is no longer able to comply with the intensive correction order because of a material change in the offender’s circumstances
    • the offender’s circumstances were wrongly stated to the court when the intensive correction order was made
    • the offender is no longer willing to comply with the intensive correction order.
  • if the offender is committed to prison because of a contravention of the intensive correction order.