CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 409F Court to impose certain requirements

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 409F

    (1)     A youth control order in respect of a child is subject to the following requirements—

        (a)     that the child not commit another offence, whether within or outside Victoria, during the period that the order is in force;

        (b)     that the child report to the Secretary within 2 working days after the order is made;

        (c)     that the child report to the Secretary, as required by the Secretary, during the period that the order is in force;

        (d)     that the child comply with any lawful and reasonable directions given by the Secretary;

        (e)     that the child attend the Court as directed by the Court under section 409L;

        (f)     that the child participate in education, training or work (whether paid or unpaid), for some or all of the period that the order is in force;

        (g)     that the child notify the Secretary of any change in the child's residence, school or employment within 2 working days after the change;

        (h)     that the child not leave Victoria without the permission of the Secretary.

    (2)     When making a youth control order, the Court may, having regard to the child's youth control order plan and personal circumstances, impose on the child any of the following requirements—

        (a)     that the child participate in one or more community service activities;

        (b)     that the child undergo treatment for drug or alcohol dependence;

        (c)     that the child attend a counselling or treatment service of any kind;

        (d)     that the child reside at a specified address;

        (e)     that the child not leave his or her place of residence between specified hours on specified days;

        (f)     that the child not contact specified persons;

        (g)     that the child attend and participate in a group conference;

        (h)     that the child participate in cultural programs or attend culturally specific community support services;

              (i)     that the child not use specified social media if this is required for the protection of the community;

        (j)     that the child not visit particular places or areas, or only visit the places or areas at specified times;

        (k)     if a pre-sentence report includes a statement from the Secretary that the child has an intellectual disability within the meaning of the Disability Act 2006 , that the child participate in disability services available under that Act as directed by the Secretary;

        (l)     any other requirement that the Court considers appropriate, having regard to the circumstances of the child.

    (3)     The Court must attach requirements to a youth control order in accordance with—

        (a)     the principle of proportionality; and

        (b)     the objects of a youth control order, as set out in section 409A.

    (4)     If a requirement of a youth control order is that the child attend and participate in a group conference, the group conference is to be held in accordance with section 415(2) to (11).

S. 409G inserted by No. 43/2017 s. 13.