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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 389 Youth supervision orders

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 389

Youth supervision orders

    (1)     If a person is released on a youth supervision order, the order is subject to the following conditions—

        (a)     the person must report to the Secretary within 2 working days after the order is made;

        (b)     the person must, during the period of the youth supervision order, report to the Secretary as required by the Secretary;

        (c)     the person must not re-offend during the period of the youth supervision order;

        (d)     the person must not leave the State without the written permission of the Secretary;

        (e)     the person must notify the Secretary of any change of residence, school or employment within 48 hours after the change;

        (f)     the person must attend a youth justice unit or any other place specified in the youth supervision order;

        (g)     the person must participate in a community service program or any other program, if so directed by the Secretary;

        (h)     the person must obey the reasonable and lawful instructions of the Secretary.

    (2)     Subject to subsection (3), the Court may order the person to observe any special condition for the whole or any part of the period of a youth supervision order.

    (3)     Subsections (3) and (4) of section 381 apply to a special condition ordered under subsection (2) of this section in the same manner as they apply to a special condition ordered under subsection (2) of that section.

    (4)     A youth supervision order may at any time during the period of the order be varied or revoked by the Court in accordance with section 421.

(5)     A requirement by the Secretary under subsection (1)(b) that a person report to the Secretary must specify dates and times which, as far as practicable, avoid interference—

        (a)     with the attendance of the person at his or her place of employment, education, training or religious observance; or

        (b)     with the person's religious beliefs.

    (6)     A direction given by the Secretary under subsection (1)(g)—

        (a)     may require a person to engage in community service activities—

              (i)     at or in relation to a community service organisation; or

              (ii)     at the home of any old, infirm or disabled person; or

              (iii)     on any Crown land or land occupied by the Crown or owned, leased or occupied by any person or body under any Act for a public purpose; and

        (b)     must not require a person to engage in any community service activities so as to take the place of some other person who would usually be engaged in those activities for hire or reward if that other person is absent from those activities because of an industrial dispute involving that other person's employer or is otherwise available and willing to perform the work required in those activities.

    (7)     If a direction under subsection (1)(g) requires a person to engage in community service activities—

S. 389(7)(a) amended by No. 67/2013 s. 649(Sch.  9 item 2(1)(a)).

        (a)     the person is, for the purposes of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 or any other Act or law, to be taken to be a worker employed by the Crown; and

S. 389(7)(b) amended by No. 67/2013 s. 649(Sch.  9 item 2(1)(b)).

        (b)     for the purposes of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 the weekly earnings of the person are to be taken to be an amount equivalent to the weekly earnings of the person in any full-time employment in which the person is engaged at that time or, if the person is not then engaged in full-time employment, an amount which the Minister administering the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 considers reasonable in the circumstances of the case; and

        (c)     the person is not entitled to receive any remuneration in respect of any work performed in those community service activities.