Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 407

Community service

    (1)     A person in respect of whom a youth attendance order is in force must engage in community service or other activities as directed by the Secretary.

    (2)     A direction given by the Secretary

        (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.

    (3)     If a direction under sub-section (1) requires a person to engage in community service activities—

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

        (b)     for the purposes of the Accident Compensation Act 1985 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 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.



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