Sentencing Council

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​​Review of intensive correction orders​​​


We provided a report, Intensive Correction Orders: Statutory Review to the Attorney General on 20 September 2016.

The report was tabled in the NSW Legislative Council on 15 November 2016.

Preliminary submissions

The Council is no longer seeking preliminary submissions​ on this review.

View preliminary submissions.

​​Terms of reference

Section 73A of the Crimes (Sentencing Procedure) Act 1999 (NSW), which commenced on 1 October 2010, provides:

Review of ICO provisions

​(1) The Sentencing Council is to conduct a review of the provisions of [Part 5 of the Crimes (Sentencing Procedure) Act 1999] and Part 3 of the Crimes (Administration of Sentences) Act 1999 and of any regulations made for the purposes of those provisions in order to ascertain whether any of those provisions (or any other provisions of any other ​Act or regulations) should be amended.

(2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this section and a report on the outcome of the review is to be provided to the Minister and to the Minister administering Part 3 of the Crimes (Administration of Sentences) Act 1999 within 12 months after the end of that 5 years.

(3) The Minister is to cause a copy of the report to be tabled in each House of Parliament as soon as practicable after the report is received by the Minister.​​​

​Background information

​The provisions​

​Crimes (Sentencing Procedure) Act 1999 (NSW) Part 5

Crimes (Sentencing Procedure) Regulation 2010 (NSW) Part 3

Crimes (Administration of Sentences) Act 1999 (NSW) Part 3

Crimes (Administration of Sentences) Regulation 2014 (NSW) Part 10​

​Relevant reviews

Intensive Correction Orders were introduced following recommendations in the Sentencing Council's 2007 review of periodic detention​.

The NSW Law Reform Commission reviewed the operation of intensive correction orders in its 2013 review of sentencing. Report 139​ reviews the orders in Chapter 9 and proposes a new community detention order in Chapter 11.​

​Bureau of Crime Statistics and Research studies​​​

The impact of intensive correction orders on re-offending - Crime and Justice Bulletin No 176

Sentencing outcomes for those assessed for intensive correction order suitability - Bureau Brief No 86

Intensive correction orders vs other penalties: offender profiles - Criminal Justice Bulletin No 163