Inconsistent conditions
323 Inconsistent conditions
If—
2 or more orders specified in subsection (5) are in force in respect of a child; and
there are core conditions or special conditions of 2 or more of the orders that are inconsistent; and
one of the orders is higher in the sentencing hierarchy set out in section 240(1) than the other order or orders—
the child must comply with the core condition or special condition of the order that is higher in the sentencing hierarchy, to the extent of the inconsistency.
If—
2 or more orders of the same kind specified in subsection (5) are in force in respect of a child; and
there are core conditions or special conditions of those orders that are inconsistent; and
those orders are of the same kind or at the same level of the sentencing hierarchy set out in section 240(1)—
the child must comply with the core conditions or special conditions of at least one of the orders, to the extent of the inconsistency.
Example
A child is subject to a probation order (order A) with a special condition which requires the child to attend counselling services in a particular area and is subject to another probation order (order B) with a special condition which prohibits the child from being in that certain area where the counselling services are located. The child may—
comply with order B instead of order A by not attending the counselling and remaining outside the prohibited area; or
comply with order A instead of order B by attending the counselling in that area.
The Secretary must provide the child with a written statement setting out the conditions with which the child must comply under subsection (1) or (2), as the case requires.
A contravention of a core condition or special condition of an order in the circumstances referred to in subsection (1) or (2) is not a contravention of that condition for the purposes of this Act.
The specified orders are—
a good behaviour order; or
a community service order; or
a probation order; or
a youth supervision and support order; or
a youth control order.
This Act’s bill:Explanatory memorandumSecond reading speech
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