Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 164

Youth supervision orders

164. Youth supervision orders



(1) If a person is released on a youth supervision order, the 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 youth supervision order,
        report to the Secretary as required by the Secretary;



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



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





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



   (f)  the person must attend a youth supervision unit or any other place
        specified in the youth supervision order;

   (g)  the person must participate in a community service program or any
        other program, if so directed by the Secretary;



   (h)  the person must obey the reasonable and lawful instructions of the
        Secretary.





(2) Subject to sub-section (3), the Court may order the person to observe any
special condition for the whole or any part of the period of a
youth supervision order.

(3) Sub-sections (3) and (4) of section 159 apply to a special condition
ordered under sub-section (2) of this section in the same manner as they apply
to a special condition ordered under sub-section (2) of that section.

(4) A youth supervision order may at any time during the period of the order
be varied or revoked by the Court in accordance with section 195.

(4A) A requirement by the Secretary under sub-section (1)(b) that a person
report to the Secretary must specify dates and times which, as far as
practicable, avoid interference-

   (a)  with the attendance of the person at his or her place of employment,
        education, training or religious observance; or

   (b)  with the person's religious beliefs.

(5) A direction given by the Secretary under sub-section (1)(g)-



   (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.

(6) If a direction under sub-section (1)(g) 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.