Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 381

    (1)     If a person is released on probation, the probation 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 probation order, report to the assigned youth justice officer as required by the youth justice officer;

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

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

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

        (f)     the person must obey the reasonable and lawful instructions of the assigned youth justice officer.

    (2)     Subject to subsections (3) and (4), the Court may order the person to observe any special condition for the whole or any part of the period of probation.

    (3)     A special condition ordered under subsection (2) must relate to the offence and the Court must, in its statement of reasons for the sentence, give its reason for ordering the special condition.

    (4)     A special condition which may be ordered under subsection (2) may be—

        (a)     that the person attend school, if the child is under school-leaving age; or

        (b)     that the person abstain from alcohol; or

        (c)     that the person abstain from the use of illegal drugs; or

        (d)     that the person reside at a specified address; or

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

        (f)     that the person undergo medical, psychiatric, psychological or drug counselling or treatment; or

S. 381(4)(g) substituted by Nos 23/2006 s. 234(6), 68/2009 s. 68(1)(d).

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

        (h)     any other condition that the Court considers necessary or desirable.

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