Children (Community Service Orders) Act 1987

This Act may be cited as the Children (Community Service Orders) Act 1987.

Sections 1 and 2 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

assigned officer, in relation to a children’s community service order, means the officer or other person for the time being assigned by the Secretary under section 16 in respect of the administration of the order, or the person exercising or performing, in accordance with the regulations, the powers, authorities, duties and functions of the officer or person so assigned.

authorised justice means—

a Judge of the Local Court or a Children’s Judge within the meaning of the Children’s Court Act 1987, or

an authorised officer within the meaning of the Criminal Procedure Act 1986.

(Repealed)

child means a person who is under the age of 18 years.

children’s community service order means a community service order made under section 5 or a community service order made under section 79 of the Fines Act 1996 in respect of a person to which this Act applies.

community service work means any unpaid work, service or activity approved by the Minister, or of a class or description approved by the Minister, and includes any personal development, educational or other program of a class or description approved by the Minister.

Department means the Department of Justice.

graffiti offence means an offence under the Graffiti Control Act 2008.

officer means a person employed in Juvenile Justice NSW, Department of Justice.

perform community service work includes participate in any personal development, educational or other program that is community service work.

regulation means a regulation made under this Act.

relevant maximum period, in relation to a children’s community service order, means the period of 12 months commencing on the date on which the order was made or, if that period is extended pursuant to section 20A or by another court order, that period as so extended.

required number of hours, in relation to a children’s community service order, means the number of hours of community service work that the person to whom the order relates is required by the order to perform.

Secretary means the Secretary of the Department.

supervisor means a person appointed pursuant to the regulations to supervise the performance of community service work by persons in respect of whom children’s community service orders are in force.

(Repealed)

This Act applies to a person—

who has pleaded guilty to an offence in, or has been found guilty or convicted of an offence by, a court,

who was a child when the offence was committed, and

who was under the age of 21 years when charged before the court with the offence.

If, in dealing with a person to whom this Act applies, a court would, but for this section—

make an order imposing a sentence of imprisonment on the person, or

make an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 in respect of the person,

the court may, instead of making that order, make an order requiring the person to perform community service work.

An order under this section in respect of a person who has pleaded guilty to, or been found guilty or convicted of, an offence other than a graffiti offence may recommend that the community service work to be performed by the person in respect of whom the order is made should include—

the removal of graffiti from buildings, vehicles, vessels and places, and

the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.

Note.

See section 11 (3) in relation to community service orders in relation to graffiti offences.

An order under this section may recommend that the community service work to be performed by the person in respect of whom the order is made should include participation in a personal development, educational or other program.

A court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 shall not exercise its powers under this section otherwise than in accordance with the provisions of that Division.

A court, other than a court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987, shall not exercise its powers under this section in relation to an offence if it has given or made, or proposes to give or make, a direction or order under Division 3 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 in relation to the same offence.

If a court proposes to make a children’s community service order in respect of a person, it shall, before making the order, explain or cause to be explained to the person, in language likely to be readily understood by the person—

the purpose and effect of the proposed order,

the consequences that may follow if the person fails to comply with the proposed order or any requirement made by or under this Act in respect of the proposed order, and

that the proposed order may be amended or revoked.

A court shall not exercise its powers under section 5 in respect of a person unless—

the court has been notified by an officer, in person or by writing, that arrangements exist for persons who reside in the area in which the person resides or intends to reside to perform community service work under a children’s community service order, and

the court is satisfied (after considering a report from an officer about the person and the person’s circumstances and, if it thinks necessary, after hearing evidence from an officer) that—

the person is a suitable person and is sufficiently mature to perform community service work under a children’s community service order, and

if such an order is made, community service work can be provided for the person under the arrangements referred to in paragraph (a).

More than one children’s community service order may be made by one or more courts in respect of the same person so as to be in force at the same time.

When a children’s community service order is made, the court making the order may specify in the order conditions, not inconsistent with this Act or the regulations, to be complied with by the person in respect of whom the order is made while the order remains in force.

This section extends to children’s community service orders made under the Fines Act 1996.

Except as provided by subsection (4), a community service order in respect of a person who has pleaded guilty to, or been found guilty or convicted of, a graffiti offence must impose a graffiti clean up condition.

Note.

See also section 79 of the Fines Act 1996 for imposition of graffiti clean up conditions on fine defaulters in respect of graffiti offences.

Without limiting section 9, the court is not required to impose a graffiti clean up condition if the court considers that it is not in the circumstances of the case reasonably practicable for work of that kind to be performed by the person.

The court must make a record of its reasons for deciding not to impose a graffiti clean up condition.

In this section—

graffiti clean up condition means a condition requiring the offender to perform the following kind of community service work—

the removal of graffiti from buildings, vehicles, vessels and places,

the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.