What Is a Good Behaviour Order in the ACT?

If a court in the ACT makes a good behaviour order, it is giving a person a structured chance to stay in the community while meeting strict legal obligations. It can be a very important outcome in sentencing, especially where the court sees real scope for rehabilitation.

That said, a good behaviour order is not a casual warning and it is not something to treat lightly. It is a formal court order, backed by legislation, and a breach can bring a person back before the court for serious consequences.

Good behaviour orders in the ACT explained

In plain terms, a good behaviour order, often called a GBO, is an order requiring a person to give an undertaking to comply with stated conditions for a stated period. In the ACT, the courts describe its purpose as encouraging rehabilitation.

A GBO can require more than simply “stay out of trouble”. The order may include standard legal obligations and extra conditions tailored to the person’s circumstances. Depending on the case, that might involve supervision, treatment, community service, or other requirements designed to reduce the risk of further offending.

This makes a GBO both an opportunity and a responsibility. It can keep a person out of custody, or support a non-conviction outcome in suitable matters, but only if the conditions are followed carefully.

Which ACT laws govern a good behaviour order?

The main legal framework sits across two ACT statutes. The first is the Crimes (Sentencing) Act 2005 (ACT), which gives the court power to make a good behaviour order as a sentencing option, attach one to a suspended sentence, or use one in some non-conviction outcomes. The second is the Crimes (Sentence Administration) Act 2005 (ACT), which sets out how these orders operate in practice, including core conditions, breach procedures, amendment powers, and cancellation.

That split matters. One Act deals with when the court can impose the order. The other deals with what the order means once it is in force.

Issue

ACT position

Main purpose

Encourage rehabilitation

Key legislation

Crimes (Sentencing) Act 2005 (ACT) and Crimes (Sentence Administration) Act 2005 (ACT)

Can be made as

Stand-alone sentence, part of a suspended sentence, or part of a non-conviction order

Core effect

The person must comply with mandatory and any added conditions for the period set by the court

If breached

The court may warn, amend, or cancel the order, and may re-sentence the person

When an ACT court may make a good behaviour order

There is no single list of offences that automatically lead to a GBO. Instead, it is a sentencing option the court may use when it considers that order appropriate in the circumstances of the offence and the offender.

A GBO may be made in a few different ways. It might be the main penalty. It might be attached to a suspended sentence. It might also form part of a non-conviction outcome, where the court decides not to record a conviction provided the person complies with the order.

That is one reason legal advice matters. The same underlying offence can produce very different outcomes depending on the facts, the person’s history, the sentencing material before the court, and the strength of the submissions made on their behalf.

What conditions can be attached to a good behaviour order in the ACT?

Every GBO carries legal obligations, and some of those conditions are built into the legislation. Core conditions can include not committing a further imprisonable offence, reporting new charges, keeping contact details current, and complying with directions made under the relevant sentencing framework.

The court can also add case-specific conditions. These are often aimed at rehabilitation, accountability, or supervision in the community.

Common additional conditions may include:

• supervision by Corrective Services
• community service
• drug or alcohol treatment
• reparation to a victim
• travel restrictions linked to supervision
• testing obligations in relevant cases

A person placed on a GBO should read every term closely and make sure the order has been properly explained. In the ACT, the court is required to take reasonable steps to explain the effect of the order and the consequences of breach in language the person can readily follow.

A good behaviour order is more than “be good”

That phrase can sound vague, but the legal position is far more specific.

A GBO is enforceable. If the order says a person must report a new charge within a short timeframe, complete treatment, attend appointments, or perform community service, those are real obligations with real consequences. Even an administrative failure, like not updating an address or missing a requirement linked to supervision, can become important.

How long a good behaviour order can last in the ACT

The duration of a GBO depends on the order the court makes. Some are relatively short. Others continue for a longer period, especially where rehabilitation or community service conditions are involved.

The order usually ends when its term expires, unless it is discharged earlier or cancelled after a breach. In some statutory contexts, the legislation places a limit on how long the order may run. Community service conditions also have timing rules linked to the number of hours ordered.

What matters most is the exact wording of the order in the individual case. A person should not assume the order ends early just because they have completed one part of it. If supervision, reporting, or other conditions continue, those obligations remain in force until the order legally ends.

What happens if you breach a good behaviour order in the ACT?

An alleged breach does not always produce the same outcome, but it should always be treated seriously. Once a breach is raised, the court can look at the nature of the non-compliance, whether it was deliberate, whether there is an explanation, and what the original order was trying to achieve.

Flow diagram showing an alleged ACT good behaviour order breach leading to court review and possible outcomes such as warning, amendment, cancellation, re-sentencing, or conviction after a non-conviction order.

The court has a range of powers, and not all of them are minor. In some matters the response may be a warning or an amendment. In others, the order may be cancelled and the person re-sentenced for the original offence.

If the GBO was part of a non-conviction order, cancellation can be especially significant because the court may then proceed to conviction and sentence for the original charge. If the GBO was attached to a suspended sentence, breach may place that suspended imprisonment squarely back in play.

Possible court responses to breach include:

• No further action: the court may decide a formal penalty is not required
• Warning: the person is warned but the order continues
• Amendment: conditions are changed to tighten or clarify the order
• Cancellation: the order is revoked and the person returns to court for sentencing consequences
• Re-sentencing: the court sentences again for the original offence
• Conviction after non-conviction order: if the original GBO avoided a conviction, that protection may be lost

This is why early legal advice after an alleged breach can make a real difference. The court will often want clear material about compliance history, personal circumstances, treatment progress, work commitments, health issues, and any reason for the breach.

Why a good behaviour order can be a valuable sentencing outcome

For many people, a GBO can be one of the most important sentencing outcomes available in the ACT. It may allow a person to remain in the community, continue working, support family responsibilities, and address the causes of the offending in a structured way.

In some matters, it can also sit alongside a non-conviction outcome. That can be highly significant for employment, licensing, travel, professional reputation, and future court consequences. Even where a conviction is recorded, a GBO may still be a much better result than immediate custody or other harsher penalties.

Courts do not make these orders simply to be lenient. They make them where they consider rehabilitation is realistic and where the person can be held accountable in the community under enforceable conditions.

The practical obligations people often overlook

Many breaches do not begin with a dramatic new offence. They start with missed detail, poor communication, or a failure to appreciate how strict the order really is.

People commonly overlook:

• reporting a new charge within the required time
• updating address or contact details
• attending supervision appointments
• following travel restrictions
• completing treatment or program requirements

Small failures can quickly become larger legal problems when they pile up. A person on a GBO should keep records, diarise dates, and get advice early if they are unsure about any condition.

Good behaviour orders and sentencing strategy in Canberra

A GBO does not appear out of nowhere. In many cases, it is the product of thoughtful sentencing preparation. That can include character references, evidence of employment, counselling records, treatment engagement, restitution, psychological material, and submissions showing why community-based rehabilitation is appropriate.

The structure of the proposed order matters too. A court may be more persuaded by a realistic plan than by broad statements of regret. If a person has a drug or alcohol issue, steps taken before sentence can be highly relevant. If there is a mental health component, proper material may help the court see how risk can be managed in the community.

Strong advocacy at sentence is often about showing the court not only that a GBO is available, but why it is the right order in that specific case.

Legal advice for good behaviour order matters in the ACT

Anyone facing sentence, or accused of breaching a GBO, should get legal advice specific to the ACT framework. The detail matters: whether the order is linked to a suspended sentence, whether it formed part of a non-conviction outcome, what conditions were imposed, and what procedural steps the court must follow.

For people in Canberra and nearby regions, Andrew Byrnes Law Group acts in criminal defence, litigation, appeals, bail applications and breach proceedings. Those areas are directly relevant to GBO matters, whether the issue is seeking a favourable sentencing outcome, responding to proposed conditions, or dealing with an alleged breach.

The right advice at the right time can help a person see the true legal position clearly, prepare properly, and put the strongest case forward before the court.

‍