Guider Conditions (Final Hearing) - 20 Aug 2019

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SCHEDULE OF CONDITIONS OF SUPERVISION

MICHAEL ANTHONY GUIDER

Departmental Supervising Officer (DSO)


Corrective Services NSW (CSNSW)

Part A: Reporting and Monitoring Obligations


Monitoring and Reporting
1. Corrective Services NSW (CSNSW) will administer this supervision order (“Order”) until the
end of the Order.

2. The defendant must report to the Department Supervising Officer (DSO) or any other person
supervising him as directed by the DSO.

3. The defendant must follow all reasonable directions by his DSO or any other person
supervising him.

Electronic Monitoring
4. The defendant must wear electronic monitoring equipment as directed by the DSO or any
other person supervising him.

Schedule of Movements
5. If directed by his DSO, the defendant must provide a weekly plan (called a schedule of
movements) and this is to be provided 3 days before it is due to start.

6. If the defendant wants to change anything in his schedule of movements once it is provided
to his DSO, he must tell his DSO about the change 24 hours in advance, unless the DSO
approves a shorter period.

7. The defendant must not deviate from his schedule of movements except in an emergency,
or if there is a reasonable explanation for the deviation which is provided to his DSO or any
other person supervising him as soon as possible and in any case no later than 24 hours after
the deviation.

8. The defendant must truthfully answer questions from his DSO, or any other person
supervising him, about where he is, where he is going and what he is doing.

Part B: Accommodation
9. The defendant must live at an address approved by his DSO.

10. The defendant must be at his approved address between 10pm and 6am unless other
arrangements are approved by his DSO.

11. The defendant must allow his DSO or any other person supervising him to visit him at his
approved address at any time and, for that purpose, to enter the premises at that address.

12. The defendant must not spend the night anywhere other than his approved address without
the approval of his DSO.

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13. The defendant must not permit any person to enter and remain, or to stay overnight, at his
approved address, without the prior approval of his DSO.

Part C: Place and travel restrictions

14. The defendant must not leave New South Wales without the approval of the Commissioner
of Corrective Services (“the Commissioner”).

15. The defendant must surrender any passports held by the defendant to the Commissioner.

16. The defendant must comply with any reasonable direction from his DSO not to go to a
particular place.

17. Without limiting condition 16 above, the defendant must not go to any of the following
without the prior approval of his DSO:

a. Day-care centres, pre-schools and schools;


b. Amusement parlours, amusement parks and theme parks
c. Cinemas;
d. Libraries and museums;
e. Camping grounds and caravan parks;
f. Children’s playgrounds, parks, and areas with play equipment provided for the use of
children;
g. Pools, playing fields and sporting facilities;
h. Concerts, theatre shows, movies, events and activities intended for the
entertainment of children; or
i. Residences where the defendant knows that persons under 18 ordinarily reside
j. Internet cafes or other businesses which provide public access to the internet either
for payment or for no charge (other than employment agencies).

18. The defendant must not without prior approval of his DSO attend any place used solely or
mainly for the sale or display of sexually explicit material, or for providing sexual services or
sexually explicit entertainment.

Part D: Employment, finance and education


19. If the defendant is unemployed, the defendant must make himself available for employment,
education, training or participation in a personal development program as directed by the
DSO, subject to any obligations which may operate to qualify his entitlement to receive
Centrelink payments preventing him from making himself available.

20. The defendant must not start any job, volunteer work or educational course without the
prior approval of his DSO.

21. The defendant must provide any information relating to his financial affairs, including income
and expenditure, if directed by his DSO.

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Part E: Drugs and alcohol


22. The defendant must not possess or use alcohol or illegal drugs, and he must not possess or
use prescription medication other than as prescribed.

23. The defendant must submit to testing for drugs and alcohol as directed by his DSO.

24. The defendant must not enter any licensed premises including hotels, bars and licenced
clubs, but excluding cafes and restaurants, without the prior approval of his DSO.

25. The defendant must attend and participate in programmes and courses for drug and alcohol
rehabilitation as directed on reasonable notice by his DSO, and must not discharge himself
from such programs and courses without prior approval of his DSO, provided that if the cost
associated with such programs, courses or treatment is not met by Medicare or by other
Commonwealth or State funding, including by CSNSW, then any cost which the defendant is
required to bear is reasonably within his means.

Part F: Non-association
Association with Children
26. The defendant must not approach or have contact with anyone who he knows or reasonably
should know is under 18, other than incidental contact in a public place , unless his DSO tells
him he can, and he is with someone who has been approved in writing by his DSO.

27. If the defendant keeps company with a person who he knows is the parent or guardian or
has care and control of a child under the age of 18 years, other than a person who is
providing professional services to him, he must notify the DSO as soon as possible of that
association. The DSO may tell the person about the defendant’s criminal history and the
defendant must permit that disclosure.

Associations with Others (not children)


28. The defendant must not associate with people that his DSO tells him not to.

29. The defendant must not knowingly associate with any people who are consuming or under
the influence of illegal drugs.

30. The defendant must not without the prior approval of his DSO knowingly associate with any
people who are consuming or under the influence of alcohol.

31. The defendant must not without the prior approval of his DSO engage the services of sex
workers.

32. If the defendant starts a sexual or romantic relationship with someone he has to tell his DSO
as soon as practicable the name of that person and truthfully answer any questions that the
DSO asks regarding that relationship. . Having assessed the nature and progress of the
relationship, the DSO may tell the person about the defendant’s criminal history. The DSO
will notify the defendant of the intended disclosure.

33. The defendant must obtain written permission from his DSO prior to joining or affiliating
with any club or organisation, including any internet or mobile based social networking
service, and must also obtain permission from his DSO to create any alias, log-in name or a

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name other than “Michael Anthony Guider” on any such internet or mobile based social
networking service.

Part G: Access to the internet and other electronic communication


34. Subject to condition 33 the defendant must give his DSO a list of all devices, services and
applications he uses to communicate with or to access the internet as soon as practicable
and in any event no later than 24 hours of obtaining the device or joining the service or
application. This includes phones, tablet devices, data storage devices or computers. This
includes the details of telephone numbers, service provider account numbers, email
addresses login names or other user names and relevant passwords and codes, used by the
defendant and the nature and details of the internet connection, as directed.

35. The DSO (or any other person requested by the DSO) may remotely inspect any internet
account used by the defendant, including the defendant's email addresses and social media
accounts, in monitoring compliance with this order.

36. The defendant must obey any reasonable directions by his DSO about the use of phones,
tablet devices, data storage devices, computers and other devices (“Devices”), including any
reasonable directions relating to his access to the internet.

37. The defendant must allow his telephone and/or internet service provider to share
information about his accounts with his DSO.

38. The defendant must provide a list of communication devices and data storage devices in the
defendant’s possession and advise the DSO of any change to the inventory immediately.

Part H: Search and seizure

39. If the DSO reasonably suspects that a search of the defendant’s approved address, or any
vehicle in which he is travelling or which is under his effective control, is necessary to confirm
his continuing compliance with this Order, the DSO must inform the defendant of the basis of
that suspicion. The defendant must then, if directed by the DSO, consent to a search of his
approved address or any such vehicle.

40. If DSO reasonably suspects that a search of the defendant’s person is necessary to confirm
the defendant’s compliance with this Order, the DSO must inform the defendant of the basis
of that suspicion. The defendant must then, if directed by the DSO, consent to a “pat down
search” (that is a search confined to those areas of defendant’s body which are clothed), and
consent to a search of any article of the defendant’s clothing carried by him but not worn,
and a search of any bag or other receptacle in his possession.

41. Where the DSO believes on reasonable grounds, that anything found in the course of
executing the search of the kind comprehended by conditions 39 and 40 is related to the
behaviour or conduct associated with an increased risk of the defendant committing a
serious offence (as defined in the Crimes (High Risk Offenders) Act 2006) the defendant must
submit to that item being seized.

42. The defendant must allow CSNSW to search any Devices that he may use.

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43. The defendant must not attempt to destroy or interfere with any object that is the subject of
a search or seizure, carried out pursuant to conditions 39 to 42 above.

Part I: Access to pornographic, violent and classified material


44. The defendant must not purchase, possess, access, obtain, view, participate in or listen to
material classified or material that he knows or ought reasonably to know would be classified
as Refused Classification, X18+, R18+, Restricted Category 2 or Restricted Category 1, or any
other material as directed by the DSO.

45. [Not used.]

Part J: Personal details and appearance


46. The defendant must not change his name from “ Michael Anthony Guider” or use any other
name without the approval of his DSO.

47.
The defendant must notify his DSO of any alias, log -in name or a name other than “Michael
Anthony Guider” or email address he uses on any internet site (excluding social networking
sites), any online communication application or any third party sites or applications that
requires the user to have a user identification name or login email, within 24 hours of
creating such alias, log-in name or email address.

48. The defendant must not significantly change his appearance without the approval of his DSO.

49. The defendant must permit CSNSW photograph him at or about the commencement of this
order and subsequently, if requested by his DSO on reasonable notice, must permit
photography of any part of his body the appearance of which is subsequently changed
significantly.

50. If the defendant changes the details of any current form of identification or obtains further
forms of identification, he must provide the DSO with such details within 7 days.

Part K: Medical intervention and treatment


51. The defendant must notify his DSO of the identity and address of any healthcare practitioner
that he consults.

52. The defendant must attend all psychological and psychiatric assessments, therapy, support
and treatment that his DSO tells him to attend, unless the defendant provides a reasonable
excuse to his DSO for non-attendance, provided that if the whole cost thereof is not met by
Medicare or by other Commonwealth or State funding then any cost which the defendant
himself will be required to bear is reasonably within his means.

53. The defendant must take all medications that are prescribed to him by his healthcare
practitioners in accordance with their directions.

54. If the defendant knowingly ceases to take prescribed anti-libidinal medication or medication
that has been prescribed for the treatment of his mental health, either on a temporary or
permanent basis, the defendant is to notify the DSO within 24 hours of ceasing to take the
medication.

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55. The defendant must agree to his healthcare practitioners sharing information with the DSO
as to the fact of his attendance at appointments and his overall progress in therapy or
counselling including the practitioner’s general opinion as to the development of his insight
into offending risk factors and attitudes to reduce his risk of offending. .

56. The defendant must agree to any information being shared between those agencies that are
involved in his supervision including, but not limited to, his DSO and CSNSW.

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