Victorian Numbered Acts Victorian Numbered ActsAfter Division 8 of Part 5.3 of Chapter 5 of the Principal Act insert —
The objects of a youth control order in respect of a child are—
(a) to provide a judicially supervised, intensive supervision regime for the child; and
(b) to penalise the child by imposing restrictions on his or her liberty; and
(c) to provide intensive, targeted supervision to the child, to help him or her to develop an ability to abide by the law; and
(d) to engage the child in education, training or work (whether paid or unpaid); and
(e) to give the child an opportunity to demonstrate a desire to cease offending.
(1) The Court may make a youth control order in respect of a child if—
(a) the Court convicts the child of one or more offences whether indictable or summary; and
(b) the Court considers that the child would otherwise be sentenced to detention in a youth justice centre or a youth residential centre as a result of the gravity or habitual nature of the child's unlawful behaviour.
(2) The term of a youth control order must not exceed 12 months and must not extend beyond the child's twenty-first birthday.
(3) The power to make a youth control order is subject to the restrictions set out in section 409C.
The Court does not have power to make a youth control order in respect of a child under section 409B(1) unless—
(a) the offence or one of the offences committed by the child is punishable by imprisonment; and
(b) the Court has made enquiries of the Secretary and is satisfied that the child is a suitable person to be placed on a youth control order; and
(c) the child has consented to the youth control order being made; and
(d) a youth control order plan has been developed for the child.
(1) The Court must order that a youth control order planning meeting be held for a child if the Court is considering making a youth control order in respect of the child.
(2) The Court may order that a youth control order planning meeting be held for a child if—
(a) a youth control order is in force in respect of the child; and
(b) the Court considers that such a meeting is necessary.
Note
The requirements for youth control order planning meetings are set out in Subdivision 2 of this Division.
(3) Before ordering that a youth control order planning meeting be held for a child, the Court must make inquiries of the child, the Secretary and any other person the Court considers appropriate about the people who should attend the meeting, having regard to—
(a) the objects of a youth control order (see section 409A); and
(b) the purpose of the meeting
(see
section 409S).
(4) Nothing in this section affects the obligation of the Court to direct that a pre-sentence report be prepared in respect of the child under section 571.
In determining whether to make a youth control order in respect of a child, the Court must have regard to the following—
(a) the child's behaviour on any bail supervision program in which he or she has participated;
(b) the child's behaviour on remand, if applicable;
(c) the extent to which the child has acknowledged responsibility for his or her offending;
(d) the availability of education, training or work opportunities (whether paid or unpaid) for the child;
(e) the child's willingness to engage in education, training or work (whether paid or unpaid);
(f) the report of the youth control order planning meeting held for the child (see Subdivision 2);
(g) any other matter the Court considers relevant.
(1) A youth control order in respect of a child is subject to the following requirements—
(a) that the child not commit another offence, whether within or outside Victoria, during the period that the order is in force;
(b) that the child report to the Secretary within 2 working days after the order is made;
(c) that the child report to the Secretary, as required by the Secretary, during the period that the order is in force;
(d) that the child comply with any lawful and reasonable directions given by the Secretary;
(e) that the child attend the Court as directed by the Court under section 409L;
(f) that the child participate in education, training or work (whether paid or unpaid), for some or all of the period that the order is in force;
(g) that the child notify the Secretary of any change in the child's residence, school or employment within 2 working days after the change;
(h) that the child not leave Victoria without the permission of the Secretary.
(2) When making a youth control order, the Court may, having regard to the child's youth control order plan and personal circumstances, impose on the child any of the following requirements—
(a) that the child participate in one or more community service activities;
(b) that the child undergo treatment for drug or alcohol dependence;
(c) that the child attend a counselling or treatment service of any kind;
(d) that the child reside at a specified address;
(e) that the child not leave his or her place of residence between specified hours on specified days;
(f) that the child not contact specified persons;
(g) that the child attend and participate in a group conference;
(h) that the child participate in cultural programs or attend culturally specific community support services;
(i) that the child not use specified social media if this is required for the protection of the community;
(j) that the child not visit particular places or areas, or only visit the places or areas at specified times;
(k) if a pre-sentence report includes a statement from the Secretary that the child has an intellectual disability within the meaning of the Disability Act 2006 , that the child participate in disability services available under that Act as directed by the Secretary;
(l) any other requirement that the Court considers appropriate, having regard to the circumstances of the child.
(3) The Court must attach requirements to a youth control order in accordance with—
(a) the principle of proportionality; and
(b) the objects of a youth control order, as set out in section 409A.
(4) If a requirement of a youth control order is that the child attend and participate in a group conference, the group conference is to be held in accordance with section 415(2) to (11).
If the Court makes a youth control order in respect of a child, the Court may make an order that the child's parent give an undertaking, with or without conditions, to support the child to comply with the youth control order for a period not exceeding the period of the youth control order.
If an undertaking under section 409G is breached, the Court must not take any action.
(1) If a child is convicted on the same day, or in the same proceeding, of more than one offence—
(a) the aggregate period of any youth control orders made in respect of the offences must not exceed 12 months or extend beyond the child's twenty-first birthday; and
(b) if the Court—
(i) makes a youth control order in relation to an offence; and
(ii) directs that the child be detained in a youth justice centre in respect of another offence—
the aggregate term of detention and youth control orders in respect of all of the offences must not exceed 4 years.
(2) Subject to subsection (3), a youth control order in respect of a child must be served, from the date the order commences, concurrently with any uncompleted youth control order in respect of that child.
(3) If the Court makes a youth control order in respect of a child who has not completed another youth control order, it may, at the time of making the order, direct that the order be served—
(a) in part concurrently with the other order; or
(b) wholly cumulatively on the other order.
(4) If the Court—
(a) makes a youth control order in respect of a child in relation to one or more offences; and
(b) directs that the child be detained in a youth residential centre in respect of one or more other offences—
the aggregate term of detention and youth control orders must not exceed 2 years.
(1) A youth control order must be in the prescribed form.
(2) The Court, when it makes a youth control order in respect of a child, must cause a copy of the order to be given or sent by post to—
(a) the child and, if the child is aged under 15 years, the child's parent; and
(b) the Secretary.
If a court other than the Court makes a youth control order, the court that made the order must remit to the Court the matters in respect of the order in—
(a) section 409L (reporting and monitoring); and
(b) section 409N (variation); and
(c) subject to section 423, section 409Q (revocation).
(1) A child in respect of whom a youth control order is in force must attend the Court from time to time as directed by the Court, for the Court to consider—
(a) the child's compliance with the order; and
(b) the ongoing suitability of the requirements of the order.
(2) The Court must direct that the child attend the Court at least monthly for the first half of the order.
(3) The Secretary must provide a report to the Court about the child's compliance before each attendance by the child before the Court.
(4) A report under subsection (3) must be filed with the appropriate registrar at least 3 working days before the attendance, or otherwise as directed by the Court.
(5) The author of a report under subsection (3) must provide a copy of the report, at least 3 working days before the attendance to—
(a) the child who is the subject of the report and, if the child is aged under 15 years, the child's parent; and
(b) the legal practitioner representing the child; and
(c) any other person the Court has ordered is to receive a copy of the report.
(6) When the child attends the Court, the Court must consider whether the order should be varied under section 409N.
(7) The Court is to be constituted by the magistrate who sentenced the child, unless—
(a) that magistrate does not still hold office as a magistrate; or
(b) the matters in this section were remitted to the Court under section 409K; or
(c) it is otherwise impracticable for that magistrate to constitute the Court.
(1) This section applies if—
(a) at the time the Court makes a youth control order in respect of a child, the child is in custody in a remand centre, youth residential centre, youth justice centre or prison; or
(b) after the making of a youth control order in respect of a child, the child is taken into custody in a remand centre, youth residential centre, youth justice centre or prison.
(2) The Secretary may, by notice served on the child and, if the child is aged under 15 years, the child's parent, suspend the child's service of the order throughout the period of custody.
(3) The Secretary must, after consultation with the appropriate parole board, superintendent of a youth residential centre or youth justice centre—
(a) determine a time at which, and a date on which, a person must commence or recommence service of the order; and
(b) serve a notice on the child specifying the time at and date on which the child is first required to report to the Secretary.
Note
Sections 593 to 596 deal with service of documents.
(4) The Secretary may, with the consent of the appropriate parole board, direct that the term of operation of a youth control order be served concurrently with a period of parole, but that service must not be a condition of the parole.
(2) The Court may vary an order under subsection (1) on its own initiative, or on the application of—
(a) the child or, if the child is aged under 15 years, the child's parent; or
(b) the Secretary.
(3) An application under subsection (2) may be made—
(a) orally, when the child attends Court under section 409L; or
(b) by filing an application with the Court and serving a copy of the application—
(i) if the application is made by the child or the child's parent—on the Secretary; or
(ii) if the application is made by the Secretary—on the child and, if the child is aged under 15 years, the child's parent.
Note
Sections 593 to 596 deal with service of documents.
(4) Variations of a youth control order may—
(a) make the order more restrictive, if the Court considers that the child's compliance is unsatisfactory and the Court considers that making the order more restrictive would assist the child's compliance with the order; or
(b) make the order less restrictive if—
(i) the Court considers that the child's compliance is satisfactory; or
(ii) the Court considers that the child's compliance is unsatisfactory but that making the order less restrictive would assist the child's compliance with the order.
(5) When varying a youth control order, the Court must have regard to the matters set out in section 409F(2) and (3).
The Court may give a warning to a child when the child attends the Court under section 409L, stating that the Court may at a later time vary a youth control order in respect of the child, if—
(a) the Court considers that the child is failing to comply with the requirements of the order; and
(b) the Court considers it appropriate to give such a warning.
To avoid doubt, a youth control order in respect of a child may be varied or revoked—
(a) without the consent of the child; and
(b) without a warning being given to the child under section 409O.
(1) The Court must revoke a youth control order in respect of a child if an application for revocation has been made and—
(a) the Court is satisfied that the child has breached the order, by failing to comply with the order to such an extent that he or she is no longer suitable for the order; or
(b) the child commits an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more during the period that the youth control order is in force.
(2) The youth control order may be revoked on the application of—
(a) the child or, if the child is aged under 15 years, the child's parent; or
(b) if it appears to the Secretary that the child has breached the order for any reason—the Secretary; or
(c) if the child has been convicted of an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more during the period that the youth control order is in force—a police officer.
(3) If the breach is constituted by—
(a) an act that is the subject of a charge before a court, the application for revocation must be made not later than 3 months after a finding of guilt in respect of the charge; or
(b) any other act, the application for revocation must be made not later than 14 working days after the alleged breach.
(4) An application under subsection (2) may be made by filing an application with the Court and serving a copy of the application—
(a) if the application is made by the child or the child's parent—on the Secretary; or
(b) if the application is made by the Secretary—on the child and, if the child is aged under 15 years, the child's parent; or
(c) if the application is made by a police officer—on the Secretary and the child and, if the child is aged under 15 years, the child's parent.
Note
Sections 593 to 596 deal with service of documents.
(5) The Court is to be constituted by the magistrate who made the youth control order, unless—
(a) that magistrate does not still hold office as a magistrate; or
(b) the matters in this section were remitted to the Court under section 409K; or
(c) it is otherwise impracticable for that magistrate to constitute the Court.
(6) Before the Court considers an application to revoke an order under this section, notice of the hearing concerning the revocation must be served by the Court on—
(a) the child and, if the child is aged under 15 years, the child's parent; a nd
(b) the applicant for revocation—
and the Court may order that a warrant to arrest be issued against the child if he or she does not attend for the hearing.
Notes
1 For requirements relating to breach of sentence see section 423.
2 Sections 593 to 596 deal with service of documents.
(1) If the Court revokes a youth control order in respect of a child, the Court must impose a sentence of detention on the child, unless the Court considers that detention is not appropriate because exceptional circumstances exist.
(2) The sentence of detention must not be for a period longer than the remaining period of the youth control order.
(3) In sentencing the child, the Court must have regard to—
(a) the period for which the youth control order has been in force; and
(b) the extent of the child's compliance with the order.
The purpose of a youth control order planning meeting for a child is—
(a) to develop, through discussion, a youth control order plan for the child; or
(b) to review or vary a youth control order plan that is in force for a child.
(1) A youth control order planning meeting for a child must be chaired by a convenor appointed by a service approved under section 480A.
(2) The convenor of the meeting is to fix the date on which, and the time and place at which, the meeting is to be held.
(3) The meeting must be attended by the following—
(a) the child;
(b) the child's legal practitioner;
(c) a youth justice officer, other than an honorary youth justice officer;
(d) the convenor;
(e) any other person directed by the Court to attend.
(4) The meeting may be attended by one or more of the following, as directed by the Court—
(a) members of the child's family;
(b) persons of significance to the child;
(c) persons of significance within the child's community;
(d) police officers;
(e) representatives of the Department of Education and Training;
(f) social workers;
(g) representatives of drug and alcohol services, mental health services, counselling services or other services;
(h) child protection workers;
(i) any other person permitted to attend by the convenor;
(j) any other person.
(1) A youth control order plan for a child is a plan designed to—
(a) assist the child to take responsibility for his or her actions; and
(b) reduce the likelihood of the child re-offending; and
(c) provide the child with opportunities to receive instruction, guidance, assistance and experiences that will assist the child to develop the ability to abide by the law and complete the requirements of the youth control order; and
(d) provide the Court with information about which requirements of the youth control order would best meet the objects of the order (as set out in section 409A).
(2) A youth control order plan must be agreed to by the child.
The convenor of a youth control order planning meeting must—
(a) prepare a report of the meeting for the Court; and
(b) include in the report the youth control order plan agreed to by the child.
A youth control order planning meeting report must be filed with the appropriate registrar at least 3 working days before the return date for proceedings in relation to the youth control order.
The author of a youth control order planning meeting report must, at least 3 working days before the return date referred to in section 409W, send a copy of the report to—
(a) the child who is the subject of the report and, if the child is aged under 15 years, the child's parent; and
(b) the legal practitioner representing the child; and
(c) any other person the Court has ordered is to receive a copy of the report.
(1) Subject to section 409V and Division 1 of Part 7.8, the proceedings of a youth control order planning meeting are confidential except with the leave of the Court or consent of all the people who attended the meeting.
(2) Nothing in subsection (1) prevents any of the following—
(a) the convenor making a record of the proceedings at the youth control order planning meeting;
(b) discussions taking place between any person who attended the meeting;
(c) discussions taking place between the legal representatives of persons who attended the meeting.
(1) If an appellate court finds a person guilty of an offence and adjourns the proceedings for the purpose of a youth control order planning meeting, it must order a youth control order planning meeting report.
(2) The report must be prepared by the convenor of the youth control order planning meeting.
(3) Sections 430N and 430O apply to youth control order planning meeting reports under this section in the same way as they apply to group conference reports.
In this Division—
"Secretary" means the Secretary to the Department of Justice and Regulation.".