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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Justice Legislation Amendment (Children)
Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendment of Child Protection (Working with Children)
Amendment Act 2022 No 34 3
Schedule 2 Amendment of Children (Community Service Orders) Act 1987 No
56 4
Schedule 3 Amendment of Children (Criminal Proceedings) Act 1987 No 55 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Justice Legislation Amendment (Children)
Bill 2024
Act No , 2024
An Act to amend various Acts in the Communities and Justice portfolio relating to children.
Justice Legislation Amendment (Children) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Justice Legislation Amendment (Children) Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
3 Explanatory notes
An explanatory note in a schedule of this Act does not form part of this Act.
Page 2
Justice Legislation Amendment (Children) Bill 2024 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Amendment Act 2022 No 34
Schedule 1 Amendment of Child Protection (Working with
Children) Amendment Act 2022 No 34
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
Insert "prescribed" before "criminal offence" in Schedule 1[10], proposed section 36C(1).
Explanatory note
The proposed amendment corrects an error in an uncommenced amendment to the Child Protection
(Working with Children) Act 2012.
Page 3
Justice Legislation Amendment (Children) Bill 2024 [NSW]
Schedule 2 Amendment of Children (Community Service Orders) Act 1987 No 56
Schedule 2 Amendment of Children (Community Service
Orders) Act 1987 No 56
[1] Section 3 Definitions
Insert "or by another court order" after "section 20A" in section 3(1), definition of relevant
maximum period.
[2] Section 21A Revocation of children's community service order
Omit section 21A(1)(a). Insert instead--
(a) for an order made by the Children's Court, do the following--
(i) decide to take no action,
(ii) vary or revoke the conditions of, or impose further conditions on,
the order,
(iii) extend the relevant maximum period for the order,
(iv) revoke the order, or
[3] Section 21A(1)(b)
Omit "in the case of". Insert instead "for".
[4] Section 21A(2)
Omit "court may". Insert instead "court may do the following".
[5] Section 21A(2)(a)-(d)
Omit section 21A(2)(a) and (b). Insert instead--
(a) decide to take no action,
(b) vary or revoke the conditions of, or impose further conditions on, the
order,
(c) extend the relevant maximum period for the order,
(d) revoke the order.
[6] Section 21A(2A)
Insert after section 21A(2)--
(2A) If a court revokes a children's community service order under subsection
(1)(a)(iv) or (2)(d), the court may deal with the person for the offence that
resulted in the making of the order in the way the court could have dealt with
the person if the order had not been made.
[7] Section 21A(3)
Omit "as a consequence of the revocation of a children's community service order under
this section".
Insert instead "under subsection (2A)".
[8] Section 22 Revocation of children's community service orders on being dealt with
for other offences
Omit "court may" from section 22(1). Insert instead "court may do the following".
[9] Section 22(1)(a)-(d)
Omit section 22(1)(a) and (b). Insert instead--
Page 4
Justice Legislation Amendment (Children) Bill 2024 [NSW]
Schedule 2 Amendment of Children (Community Service Orders) Act 1987 No 56
(a) decide to take no action in relation to the order,
(b) vary or revoke the conditions of, or impose further conditions on, the
order,
(c) extend the relevant maximum period for the order,
(d) revoke the order.
[10] Section 22(1A)
Insert after section 22(1)--
(1A) If a court revokes a children's community service order under subsection
(1)(d), the court may deal with the person for the offence that resulted in the
making of the order in the way the court could have dealt with the person if the
order had not been made.
[11] Section 22(2)
Omit "subsection (1)". Insert instead "subsections (1) and (1A)".
[12] Section 27
Omit the section. Insert instead--
27 Notice of variation or revocation of children's community service orders
(1) A court must notify all relevant persons if the court does the following in
relation to a children's community service order--
(a) varies or revokes the conditions of, or imposes further conditions on, the
order,
(b) extends the relevant maximum period for the order,
(c) revokes the order.
(2) In this section--
relevant person means the following--
(a) the Secretary,
(b) the assigned officer in relation to the order,
(c) if the court is not the Children's Court--a Registrar of the Children's
Court.
Explanatory note
Items [2], [5] and [9] of the proposed amendments enable a court to do the following when an
application to revoke a children's community service order is made or when a person subject to a
children's community service order appears before the court for another offence--
(a) take no action,
(b) amend the order,
(c) extend the maximum period the order can be in force (the relevant maximum period),
(d) revoke the order.
Items [6] and [10] provide that if a court revokes a person's children's community service order, the
court may deal with the person for the offence in the way the court could have dealt with the person
if the order had not been made.
Item [12] requires a court to notify certain people if the court amends or revokes a children's
community service order or extends the relevant maximum period for the order.
Items [1], [3], [4], [7], [8] and [11] make consequential amendments.
Page 5
Justice Legislation Amendment (Children) Bill 2024 [NSW]
Schedule 3 Amendment of Children (Criminal Proceedings) Act 1987 No 55
Schedule 3 Amendment of Children (Criminal Proceedings)
Act 1987 No 55
[1] Section 40 Variation of good behaviour bond or probation
Omit "terminate" from section 40(1)(a). Insert instead "revoke".
[2] Section 41 Enforcement of conditions of good behaviour bond or probation or
compliance with outcome plan
Omit "in accordance with subsection (4) or (5), as the case may require" from section 41(3).
Insert instead "under subsections (4)-(6)".
[3] Section 41(4)-(8)
Omit section 41(4)-(7). Insert instead--
(4) If a court other than the Children's Court or Local Court made the order under
section 33(1) providing for the person to enter into a good behaviour bond or
be released on probation, or the order under section 33(1)(c1) providing that
the person be released under section 33(1)(c1) on condition that the person
complies with an outcome plan, the Children's Court or Local Court may--
(a) order the person to be brought before the other court to be dealt with by
the other court under subsection (5) or (6), or
(b) deal with the person under subsection (5) or (6).
(5) For an order under section 33(1) providing for the person to enter into a good
behaviour bond or be released on probation, if a person is brought before a
court and the court finds the person failed to comply with a condition of the
good behaviour bond or probation, the court may do the following--
(a) decide to take no action,
(b) vary or revoke a condition of the good behaviour bond or probation,
other than the condition under section 33(1A)(a) or (b), or impose a
further condition,
(c) vary the period of the order, provided the new period is not more than 2
years from when the order under section 33(1) was made,
(d) revoke the order.
(6) For an order under section 33(1)(c1), if a person is brought before a court and
the court finds the person failed to comply with the outcome plan, the court
may do the following--
(a) decide to take no action,
(b) revoke the order.
(7) If a court revokes an order under subsection (5)(d) or (6)(b)--
(a) the court may deal with the person for the offence that resulted in the
making of the order in the way the court could have dealt with the
person if the order had not been made, or
(b) if the court is the Local Court--the court may deal with the person under
paragraph (a) as if the person was at least 21 years of age when
originally dealt with.
(8) A person on whom a penalty is imposed under subsection (7) has the same
rights of appeal as if the penalty had been imposed when the order that was
revoked under this section was made.
Page 6
Justice Legislation Amendment (Children) Bill 2024 [NSW]
Schedule 3 Amendment of Children (Criminal Proceedings) Act 1987 No 55
[4] Section 41A Provisions applicable where control order suspended subject to good
behaviour bond
Omit "Action with respect to a failure to comply with any such good behaviour bond may
be taken under section 41. The good behaviour bond is to be terminated" from section
41A(2).
Insert instead "Without limiting section 41, if a person is brought before a court and the
court finds the person failed to comply with a condition of the good behaviour bond, the
court must revoke the order made under section 33(1B)(b)".
[5] Section 41A(3)
Omit "If any such good behaviour bond is terminated".
Insert instead "If the court revokes an order under subsection (2)".
Explanatory note
Item [3] of the proposed amendments sets out the actions a court may take if the court finds a person
failed to comply with a condition of the person's good behaviour bond, probation or outcome plan as
required by an order under the Children (Criminal Proceedings) Act 1987.
A court that finds a person failed to comply with a good behaviour bond or probation may--
(a) take no action, or
(b) amend the order, or
(c) vary the period of the order, or
(d) revoke the order,
A court that finds a person failed to comply with an outcome plan may--
(a) take no action, or
(b) revoke the order.
Items [1], [2], [4] and [5] make consequential amendments.
Page 7
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