Probation and Community Service in Queensland — What the Court Can Order
Sentencing — 2026-07-10 — by Sacha Sarah Smith, Civic Law
Probation and community service are the most common community-based sentences in Queensland courts. When the court orders them, what they involve, and whether you can avoid a criminal record.
If you are facing <a href="/sentencing-explained">sentencing</a> in a Queensland court — whether for assault, drug possession, stealing, a DVO breach, or any other criminal charge — probation and community service are two of the most common outcomes. They sit between a fine and imprisonment. Both keep you in the community, both come with conditions, and both can be imposed with or without a <a href="/criminal-records-explained-queensland">criminal record</a>.
The <em>Penalties and Sentences Act 1992</em> (Qld) calls them "community-based orders." The court uses them when the offence is too serious for a fine alone but imprisonment is not warranted — or, in the case of a first offence, when rehabilitation is a realistic prospect and the court wants to see you do something about the behaviour that brought you here.
Below is what each order involves, when the court is likely to impose one, and what you can do before sentencing to influence the outcome.
What Is a Probation Order?
A probation order places you under the supervision of Queensland Corrective Services for a set period. The court decides the length — anywhere from six months to three years in the <a href="/cairns-magistrates-court">Magistrates Court</a>, and potentially longer for more serious matters in the <a href="/cairns-district-court">District Court</a>.
Every probation order includes standard conditions under section 93 of the <em>Penalties and Sentences Act</em>:
<strong>Do not commit another offence</strong> during the order — any offence, not just the type you were convicted of.
<strong>Report to a corrective services officer</strong> at the place and time stated in the order, and as directed after that — usually weekly at first, reducing to monthly if you are compliant.
<strong>Notify your officer</strong> of any change of address or employment within two business days.
<strong>Do not leave Queensland</strong> without your officer's written permission.
<strong>Take part in counselling and programs</strong> as directed — anger management, drug and alcohol counselling, domestic violence programs, or anything else the court or your officer considers appropriate.
The court can also add specific conditions under section 94 — medical or psychiatric treatment, curfews, restrictions on who you can contact, or a requirement to live at a particular address. In practice, the conditions are tailored to the offence. A drug possession charge might come with mandatory drug testing and counselling. An assault charge might include an anger management program.
You have to agree to a probation order before the court can make it — under section 96. If you do not agree, the court must choose a different sentence. In practice, refusing probation when it is offered is unusual and generally leads to a harsher outcome.
What Is a Community Service Order?
A community service order requires you to perform unpaid work in the community for a set number of hours. The court decides how many hours — between 40 and 240, under section 103 of the Act. The hours must be completed within 12 months, though the court can extend that timeframe.