Youth Justice Regulation 2016

This section applies in relation to an activity that a child must perform under a community based order.

The chief executive must not direct the child to perform an activity that is dangerous, unsafe or likely to harm the child’s health, having regard to—

the child’s age, maturity, physical capacity and intellectual capacity; and

any trauma experienced by the child that the chief executive knows about.

Also, in giving directions to the child in relation to the child’s performance of an activity (other than community service), the chief executive must avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent.

If the child is 15 years or older, the chief executive must not direct the child to perform an activity for more than—

for a child attending school or another educational institution on a full-time basis—the following hours in a week—

during vacations of the school or educational institution—30 hours;

at other times—8 hours; or

for a child in full-time employment—8 hours a week; or

otherwise—30 hours a week.

If the child is under 15 years, the chief executive must not direct the child to perform an activity for more than the following hours in a week—

during vacations of the school or educational institution the child attends—20 hours;

at other times—6 hours.

Also, the chief executive must not direct the child to perform an activity for more than—

if the child is 15 years or older—8 hours a day; or

if the child is under 15 years—4 hours a day.

The chief executive must ensure the child is allowed reasonable rest and meal breaks while performing an activity.

For calculating the maximum number of hours a child can be directed to perform an activity under subsections (4), (5) and (6), the time required to be spent in rest and meal breaks under subsection (7) must be taken to be time spent performing the activity.