Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 381

Conditions of probation orders

    (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 sub-sections (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 sub-section (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 sub-section (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

        (g)     if a pre-sentence report includes a declaration of eligibility in respect of the person issued under section 8 of the Intellectually Disabled Persons' Services Act 1986 , that the person participate in 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.



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