Children (Community Service Orders) Act 1987


Published: 2021-03-24

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An Act with respect to the performance of community service work by children and other young persons who have been found guilty of criminal offences.
Part 1 Preliminary
1   Name of Act
This Act may be cited as the Children (Community Service Orders) Act 1987.
2   Commencement
(1)  Sections 1 and 2 shall commence on the date of assent to this Act.
(2)  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.
3   Definitions
(1)  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)  a Magistrate or Children’s Magistrate, or
(b)  an authorised officer within the meaning of the Criminal Procedure Act 1986.
(c)    (Repealed)
authorised Magistrate has the same meaning as it has in the Children’s Court Act 1987.
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.
Children’s Court means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987.
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, 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.
(2)    (Repealed)
s 3: Am 1987 No 265, Sch 1 (1); 1989 No 196, Sch 3 (1); 1996 No 99, Sch 2.2 [1] [2]; 1999 No 85, Sch 2.4; 1999 No 94, Sch 4.81; 2001 No 117, Sch 1 [1]; 2001 No 121, Sch 2.37 [1]; 2008 No 54, Sch 2.1 [1]; 2012 No 57, Sch 1.1 [1]; 2013 No 1, Sch 1.3 [1]; 2015 No 58, Sch 3.16 [2] [3]; 2018 No 29, Sch 2.1.
4   Application
This Act applies to a person—
(a)  who has pleaded guilty to an offence in, or has been found guilty or convicted of an offence by, a court,
(b)  who was a child when the offence was committed, and
(c)  who was under the age of 21 years when charged before the court with the offence.
Part 2 Making of children’s community service orders by courts
pt 2, hdg: Am 1996 No 99, Sch 2.2 [3].
5   Making of children’s community service orders
(1)  If, in dealing with a person to whom this Act applies, a court would, but for this section—
(a)  make an order imposing a sentence of imprisonment on the person, or
(b)  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.
(1A)  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—
(a)  the removal of graffiti from buildings, vehicles, vessels and places, and
(b)  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.
(1B)  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.
(2)  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.
(3)  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.
s 5: Am 1994 No 90, Sch 3 (1); 1999 No 94, Sch 4.3; 2008 No 54, Sch 2.1 [2]; 2012 No 57, Sch 1.1 [2] [3].
5A   (Repealed)
s 5A: Ins 1987 No 265, Sch 1 (2). Am 1988 No 9, Sch 1 (1). Subst 1989 No 196, Sch 3 (2). Am 1994 No 30, Sch 4 (1); 1994 No 90, Sch 3 (2). Rep 1996 No 99, Sch 2.2 [4].
6   Explanation of nature and effect of proposed children’s community service orders
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—
(a)  the purpose and effect of the proposed order,
(b)  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
(c)  that the proposed order may be amended or revoked.
7, 8   (Repealed)
s 7: Rep 1988 No 9, Sch 1 (2).
s 8: Am 1987 No 265, Sch 1 (3). Rep 1988 No 9, Sch 1 (3).
9   Children’s community service orders not to be made by court unless work is available
A court shall not exercise its powers under section 5 in respect of a person unless—
(a)  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
(b)  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—
(i)  the person is a suitable person and is sufficiently mature to perform community service work under a children’s community service order, and
(ii)  if such an order is made, community service work can be provided for the person under the arrangements referred to in paragraph (a).
s 9: Am 1988 No 9, Sch 1 (4).
9A   COVID-19 pandemic—availability of work
(1)  This section has effect for the prescribed period and prevails to the extent of any inconsistency with any other provision of this Act.
(2)  Despite section 9(b)(ii), a court may make a community service order under section 5 in respect of a person if—
(a)  the court is not satisfied that community service work can be provided for the person under the arrangements referred to in section 9(a) only because those arrangements have been or may be affected by the COVID-19 pandemic, and
(b)  the court is satisfied that community service work is likely to be provided for the person before the end of the relevant maximum period.
(3)  In this section—
prescribed period means the period—
(a)  starting on the commencement of this section, and
(b)  ending on—
(i)  26 September 2021, or
(ii)  a later day, not later than 26 March 2022, prescribed by the regulations.
s 9A: Ins 2020 No 5, Sch 1.4[1]. Am 2021 No 4, Sch 1.3[1].
10   Children’s community service orders may run concurrently
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.
s 10: Am 1987 No 265, Sch 1 (4); 1989 No 196, Sch 3 (3); 1996 No 99, Sch 2.2 [5].
11   Conditions of children’s community service order
(1)  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.
(2)  This section extends to children’s community service orders made under the Fines Act 1996.
(3)  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.
(4)  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.
(5)  The court must make a record of its reasons for deciding not to impose a graffiti clean up condition.
(6)  In this section—
graffiti clean up condition means a condition requiring the offender to perform the following kind of community service work—
(a)  the removal of graffiti from buildings, vehicles, vessels and places,
(b)  the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.
s 11: Am 1987 No 265, Sch 1 (5); 1989 No 196, Sch 3 (4); 1996 No 99, Sch 2.2 [6] [7]; 2012 No 57, Sch 1.1 [4].
12   Preparation and service of copies of children’s community service order
(1)  A court which makes a children’s community service order shall, as soon as practicable after making the order, cause the order to be reduced to writing.
(2)  The court shall cause a copy of a children’s community service order—
(a)  to be served on the person in respect of whom the order is made before that person leaves the precincts of the court,
(b)  to be sent to the Secretary, and
(c)  in the case of a court other than the Children’s Court—to be sent to a Registrar of the Children’s Court together with such documents and information as it considers likely to be of assistance to the Children’s Court.
(3)    (Repealed)
(4)  The failure of a court to cause a copy of a children’s community service order to be served on or sent to a person in accordance with this section does not invalidate the order.
s 12: Am 1987 No 265, Sch 1 (6); 1988 No 9, Sch 2 (1); 1989 No 196, Sch 3 (5); 1996 No 99, Sch 2.2 [8] [9].
13   Number of hours of community service work
(1)  When a children’s community service order is made, the court making the order shall specify in the order the number of hours of community service work to be performed by the person in respect of whom the order is made.
(2)  The number of hours of community service work to be performed by a person in respect of whom a children’s community service order is made by a court is not to exceed—
(a)  in respect of an offence committed by a person under the age of 16 years—100 hours, and
(b)  in respect of an offence committed (whether before, on or after the commencement of this subsection) by a person of or above the age of 16 years—
(i)  100 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law does not exceed 6 months, and
(ii)  200 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law exceeds 6 months but does not exceed one year, and
(iii)  250 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law exceeds one year.
(2AA)  The regulations may vary the number of hours specified in subsection (2) in respect of a class of offences, but not so as to exceed the number so specified.
(2A), (2B)    (Repealed)
(3)  The court may specify that the hours of community service work to be performed by a person in respect of whom a children’s community service order is made shall be concurrent with, or additional to, those specified in any other such order made in respect of that person, but so that the sum of—
(a)  the number of hours of community service work remaining to be performed, at any time, concurrently under the orders, and
(b)  the number of hours of community service work remaining to be performed, at any time, otherwise than concurrently, under the orders,
does not exceed 100 hours.
(3A)  Despite subsection (3), if—
(a)  the person concerned is of or above the age of 16 years, and
(b)  at least one of the orders was made in respect of an offence for which the maximum term of imprisonment provided by law exceeds 6 months,
the sum of the numbers of hours referred to in subsection (3) (a) and (b) may exceed 100 hours, but must not exceed 250 hours. However, the number of hours of community service work remaining to be performed under orders made in respect of offences other than offences of the kind referred to in paragraph (b) must not, at any time, exceed 100 hours.
(4)    (Repealed)
(5)  If a court has not specified in respect of any children’s community service order in force in respect of a person whether the hours of community service work under the order are to be served concurrently with or in addition to the hours under any other such order, the hours are to be served concurrently as long as the orders are both in force. The limits specified in this section apply in such a case as if the court had specified concurrent community service.
s 13: Am 1987 No 265, Sch 1 (7); 1988 No 9, Sch 1 (5); 1989 No 196, Sch 3 (6); 1994 No 30, Sch 4 (2); 1996 No 35, Sch 1 (1) (2); 1996 No 99, Sch 2.2 [10] [11]; 1997 No 5, Sch 2 [1]; 2008 No 54, Sch 2.1 [3].
14   Place etc and time for presentation for work
(1)  When a children’s community service order is made, the court making the order shall specify in the order—
(a)  a place at which or a person to whom the person shall present himself or herself for the purpose of enabling the administration of the order to be commenced, and
(b)  a period within which the person shall so present himself or herself.
(c)    (Repealed)
(2)  This section extends to children’s community service orders made under the Fines Act 1996.
s 14: Am 1987 No 265, Sch 1 (8); 1989 No 196, Sch 3 (7); 1991 No 17, Sch 2; 1996 No 99, Sch 2.2 [12] [13].
14A   COVID-19 pandemic—presentation for work
(1)  This section has effect for the prescribed period and prevails to the extent of any inconsistency with any other provision of this Act.
(2)  For the purposes of section 14(1), a person may present himself or herself by audio link or audio visual link.
(3)  In this section—
audio link has the same meaning as it has in the Evidence (Audio and Audio Visual Links) Act 1998.
audio visual link has the same meaning as it has in the Evidence (Audio and Audio Visual Links) Act 1998.
prescribed period means the period—
(a)  starting on the commencement of this section, and
(b)  ending on—
(i)  26 September 2021, or
(ii)  a later day, not later than 26 March 2022, prescribed by the regulations.
s 14A: Ins 2020 No 5, Sch 1.4[2]. Am 2021 No 4, Sch 1.3[2].
Part 3 Administration of children’s community service orders
15   Children’s Court to supervise the administration of children’s community service orders
The Children’s Court shall be the supervising court in respect of a children’s community service order, whether or not the order was made by the Children’s Court.
16   Assignment of officer by Secretary
(1)  On receiving notice of the making of a children’s community service order, the Secretary shall assign an officer, or, where the regulations so provide, a person other than an officer, in respect of the administration of the order.
(2)    (Repealed)
s 16: Am 1987 No 265, Sch 1 (9); 1996 No 99, Sch 2.2 [14]; 2009 No 94, Sch 2.1 [1].
17   Obligations of persons subject to children’s community service orders
(1)  A person in respect of whom a children’s community service order is in force shall, in addition to complying with any other requirement made by or under this Act in respect of the order—
(a)  perform, for the number of hours specified in the order, such community service work as the assigned officer directs at such times and such places as the assigned officer directs,
(b)  perform that community service work in a satisfactory manner,
(c)  while performing that community service work, comply with any reasonable direction of the assigned officer or a supervisor, and
(d)  inform the assigned officer of any change in the person’s place of residence.
(2)  The community service work to be performed by a person in respect of whom a children’s community service order is in force (being an order containing a recommendation referred to in section 5 (1A)) must, if practicable, include—
(a)  the removal of graffiti from buildings, vehicles, vessels and places, and
(b)  the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.
(3)  The community service work to be performed by a person in respect of whom a children’s community service order is in force (being an order containing a recommendation referred to in section 5 (1B)) must, if practicable, include participation in a personal development, educational or other program.
s 17: Am 1989 No 196, Sch 3 (8); 1994 No 90, Sch 3 (3); 1996 No 99, Sch 2.2 [15]; 2008 No 54, Sch 2.1 [4] [5].
18   Directions
(1)  The assigned officer must not, under section 17, direct a person in respect of whom a children’s community service order is in force to perform community service work if, in performing the community service work, the person would take the place of any other person who would otherwise be employed in that community service work as a regular employee.
(1A)  Subsection (1) does not prevent a direction being given under section 17 to perform community service work, even if the person would take the place of any other person who would otherwise be employed in that community service work as a regular employee, as long as the community service work is to be performed—
(a)  at facilities (within the meaning of the Community Welfare Act 1987) operated by officers, or
(b)  for such authorities of the State, in such circumstances, as are prescribed by the regulations.
(1B)  Subsection (1) does not apply in respect of participation in a personal development, educational or other program.
(2)  In giving directions to a person under section 17, the assigned officer and a supervisor shall, so far as is reasonably practicable—
(a)  take into consideration the person’s capacities and interests, having regard to the person’s physical, psychological, behavioural, intellectual and cultural characteristics, and
(b)  avoid any conflict with the person’s religious beliefs, if any, or the times, if any, at which the person usually works or attends a school or other educational establishment from time to time.
s 18: Am 1988 No 9, Sch 1 (6); 1997 No 5, Sch 2 [2]; 1998 No 158, Sch 2.4; 2008 No 54, Sch 2.1 [6] [7].
19   Duration of children’s community service orders
A children’s community service order shall remain in force until—
(a)  the person in respect of whom the order is made has performed community service work, in accordance with any requirement made by or under this Act in respect of the order, for the number of hours specified in the order,
(b)  the expiration of the relevant maximum period, or
(c)  the order is revoked or considered satisfied under this Act or, in the case of an order made under another Act, under the Act under which it is made,
whichever first occurs.
s 19: Am 1987 No 265, Sch 1 (10); 1996 No 99, Sch 2.2 [16]; 2001 No 117, Sch 1 [2]; 2009 No 94, Sch 2.1 [2].
Part 4 Extension and revocation of children’s community service orders
pt 4, hdg: Subst 1989 No 196, Sch 3 (9).
20   Increase in hours of children’s community service orders
(1)  The Secretary may from time to time direct that a person’s required number of hours under a children’s community service order be increased if the Secretary is of the opinion—
(a)  that the person has failed, without reasonable excuse, to comply with the order or with any requirements made by or under this Act in respect of the order, and
(b)  that the failure to comply was trivial in nature, or there are other good reasons why the failure to comply should be dealt with by increasing the person’s required number of hours.
(2)  A person’s required number of hours, as increased under this section, must not exceed the required number of hours specified in the person’s children’s community service order by more than 10 hours.
(3)  The person may apply for a review of the increase under this section to the court that made the order and, following the review, that court may confirm or revoke the direction.
s 20: Am 1989 No 196, Sch 3 (10). Subst 1997 No 5, Sch 2 [3]; 2001 No 117, Sch 1 [3].
20A   Extension of period of children’s community service orders
(1)  An application for an extension of the relevant maximum period for a children’s community service order may be made to the Secretary by—
(a)  the person in respect of whom the order was made, or
(b)  the assigned officer,
on the grounds that it would (having regard to circumstances that have arisen since the order was made) be in the interests of justice to extend that period.
(2)  Such an application may be made even if the relevant maximum period has expired.
(3)  If satisfied that the applicant has established the grounds on which the application is made, the Secretary—
(a)  may extend the relevant maximum period, and
(b)  in that event, must cause notice of the extension to be sent to the assigned officer.
(4)  For the purposes of determining an application for extension of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.
s 20A: Ins 2001 No 117, Sch 1 [3].
21   Application for revocation of children’s community service order
(1)  An application to revoke a children’s community service order may only be made—
(a)  by the assigned officer on the grounds that the person in respect of whom the children’s community service order is in force has failed, without reasonable excuse, to comply with the order, or
(b)  by the person in respect of whom the children’s community service order is in force or the assigned officer on the grounds that it would (having regard to circumstances that have arisen since the order was made) be in the interests of justice to revoke the order.
(2)  For the purposes of this section—
(a)  failure by a person to perform the required number of hours of community service work under a children’s community service order within the period for which the order is in force is taken to constitute failure by the person to comply with the order, and
(b)  failure by a person to comply with one order (the primary failure) is taken to constitute failure by the person to comply with every other children’s community service order that is in force when the primary failure occurs.
(3)  An application under subsection (1) cannot be made later than one month after the expiry of the relevant maximum period.
s 21: Am 1987 No 265, Sch 1 (11); 1989 No 196, Sch 3 (11); 1996 No 99, Sch 2.2 [17]. Subst 2001 No 117, Sch 1 [4].
21A   Revocation of children’s community service order
(1)  On receiving an application for revocation of a children’s community service order, the Children’s Court may—
(a)  in the case of an order made by the Children’s Court—
(i)  revoke the order, or
(ii)  revoke the order and deal with the person in respect of whom the order was made, for the offence in respect of which the order was made, in any manner in which the person could have been dealt with for that offence by the Children’s Court had the order not been made, or
(b)  in the case of an order made by some other court, subject to the Bail Act 2013, commit the person to custody until the person can appear or be brought before that other court, whether or not that other court is constituted by the same person as that by whom it was constituted when the order was made.
(2)  If, pursuant to subsection (1) (b), a person appears or is brought before a court that made a children’s community service order in respect of the person, the court may—
(a)  revoke the order, or
(b)  revoke the order and deal with the person, for the offence in respect of which the order was made, in any manner in which the person could have been dealt with for that offence by the court had the order not been made.
(3)  A person on whom a penalty is imposed as a consequence of the revocation of a children’s community service order under this section has the same rights of appeal as if the penalty had been imposed when the person was convicted of the offence to which the penalty relates.
(4)  For the purposes only of determining an application for revocation of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.
s 21A: Ins 2001 No 117, Sch 1 [4]. Am 2014 No 5, Sch 2.3.
22   Revocation of children’s community service orders on being dealt with for other offences
(1)  When a person in respect of whom a children’s community service order made by a court is in force appears before a court (being the same court as, or a court of higher jurisdiction than, the court that made the order) to be dealt with in respect of an offence other than the offence in respect of which the order was made, the court may—
(a)  revoke the order, or
(b)  revoke the order and deal with the person, for the offence in respect of which the order was made, in any manner in which the person could have been dealt with for that offence by the court that made the order had the order not been made.
(2)  For the purposes of subsection (1), the Children’s Court and the Local Court shall be the same as each other.
(3), (4)    (Repealed)
s 22: Am 1987 No 265, Sch 1 (12); 1989 No 196, Sch 3 (12); 1996 No 99, Sch 2.2 [18]; 2007 No 94, Sch 2.
22A, 22B   (Repealed)
s 22A: Ins 1987 No 265, Sch 1 (13). Am 1989 No 196, Sch 3 (13). Rep 1996 No 99, Sch 2.2 [19].
s 22B: Ins 1987 No 265, Sch 1 (13). Am 1989 No 196, Sch 3 (14). Rep 1996 No 99, Sch 2.2 [20].
23   Issue of court attendance notice or warrant
(1)  If an application in respect of a person is made to the Children’s Court under section 21 by the assigned officer, the Children’s Court—
(a)  may issue a court attendance notice for the appearance before it of the person, and
(b)  if the person does not appear in answer to the court attendance notice—may issue a warrant directing the arrest of the person.
(2)  An officer or a member of the police force may arrest a person in respect of whom a warrant has been issued under this section, whether or not the warrant is in the possession of the officer or member of the police force at the time of arrest.
s 23: Am 1997 No 5, Sch 2 [4]; 2001 No 121, Sch 2.37 [2].
Part 5
24–26A  (Repealed)
pt 5: Rep 2001 No 117, Sch 1 [5].
s 24: Am 1988 No 9, Sch 1 (7); 1997 No 5, Sch 2 [5]. Rep 2001 No 117, Sch 1 [5].
s 25: Am 1987 No 271, Sch 1; 1988 No 9, Sch 1 (8); 1989 No 196, Sch 3 (15); 1997 No 5, Sch 2 [6]. Rep 2001 No 117, Sch 1 [5].
s 26: Am 1987 No 265, Sch 1 (14); 1988 No 9, Schs 1 (9), 2 (2); 1993 No 47, Sch 1. Rep 2001 No 117, Sch 1 [5].
s 26A: Ins 1988 No 9, Sch 1 (10). Am 1989 No 196, Sch 3 (16); 1994 No 30, Sch 4 (3). Rep 1996 No 99, Sch 2.2 [21].
Part 6 Liability in respect of community service work
pt 6, hdg: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [8].
pt 6: Ins 1997 No 5, Sch 4 [1].
26B   Definition
In relation to community service work performed under a children’s community service order, a reference in this Part to a person for whom community service work is performed includes any person (including a corporation)—
(a)  for whose benefit the community service work is performed, or
(b)  who directs or supervises the community service work, specifies its terms or conditions or controls it, or
(c)  who owns or occupies the premises or land on which the community service work is performed.
ss 26B–26D: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [9].
26C   Act or omission of offender engaged in community service work
(1)  No act or omission of a person that occurs in the course of the person’s performance of community service work under a children’s community service order gives rise to any civil liability on the part of the person for whom the community service work is performed.
(2)  A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.
(3)  Subsections (1) and (2) do not have effect if—
(a)  the community service work concerned was not community service work approved by the Secretary, or
(b)  the act or omission concerned was, or was a necessary part of, an act or omission that was expressly required by the person for whom the community service work was performed but was neither approved nor required by the Secretary.
ss 26B–26D: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [9].
26D   Act or omission of supervisor of community service work
(1)  No act or omission of a person for whom community service work is performed under a children’s community service order gives rise to any civil liability on the part of the person to the person who performs that community service work if the act or omission occurs in the course of that community service work.
(2)  A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.
(3)  Subsections (1) and (2) do not have effect if—
(a)  the community service work concerned was not community service work approved by the Secretary, or
(b)  the act or omission concerned was, or was a necessary part of, an act or omission intended to cause injury, loss or damage.
ss 26B–26D: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [9].
26E   (Repealed)
s 26E: Ins 1997 No 5, Sch 4 [1]. Rep 2004 No 29, Sch 2.1.
26F   Disclosure of material facts about health
(1)  A person in respect of whom a children’s community service order is in force has, while the order is in force, a duty to disclose as soon as possible to the person’s assigned officer—
(a)  any condition of the person that is a condition to which this section applies, or
(b)  any substantial change in that condition.
(2)  A person’s condition to which this section applies is any medical, physical or mental condition of the person of which the person is aware and that the person is aware substantially increases the risk to the person of injury in performing community service work of any kind.
s 26F: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [9].
26G   Settlement of claims
The Secretary may, on behalf of the Crown, settle any action that lies against the Crown because of this Part. The Secretary may do so on such terms as he or she thinks fit.
s 26G: Ins 1997 No 5, Sch 4 [1].
Part 7 Miscellaneous
pt 7 (previously Part 6): Renumbered 1997 No 5, Sch 4 [2].
27   Notice of revocation of children’s community service orders
If a court revokes a children’s community service order, the court must have notice of the revocation sent to the Secretary and to the assigned officer and, if the court is not the Children’s Court, to a Registrar of the Children’s Court.
s 27: Am 1988 No 9, Sch 2 (3); 1989 No 196, Sch 3 (17). Subst 1997 No 5, Sch 2 [7].
28   Subsequent dealing—children’s community service orders to be taken into account
(1)  If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the court, in so dealing with the person, shall take into account—
(a)  the fact that the order was made,
(b)  any thing done under the order, and
(c)  the number of hours of community service work performed by the person under the order.
(2)  If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the person shall be deemed to have a right of appeal against the manner in which the person is dealt with—
(a)  in the case of a decision of the Children’s Court or the Local Court—under Part 3 of the Crimes (Appeal and Review) Act 2001, or
(b)  in the case of a decision of the District Court or the Supreme Court—under section 5 (1) (other than paragraph (a) or (b)) of the Criminal Appeal Act 1912 as if—
(i)  the person were a person convicted on indictment, and
(ii)  the manner in which the person is dealt with were a sentence passed on his or her conviction.
s 28: Am 1998 No 137, Sch 2.2; 2001 No 121, Sch 2.37 [6]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.5.
28A   Disclosure of information
(1)  A person who discloses any information obtained in connection with the administration or execution of this Act is guilty of an offence unless the disclosure is made—
(a)  with the consent of the person from whom the information was obtained, or
(b)  in connection with the administration or execution of this Act, or
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.
Maximum penalty—10 penalty units or imprisonment for 12 months, or both.
(2)  Proceedings for an offence against this section shall be dealt with summarily before the Local Court.
s 28A: Ins 1988 No 9, Sch 1 (11). Am 2001 No 121, Sch 2.37 [7]; 2007 No 94, Sch 2.
28B   Exchange of certain information
(1)  The Secretary may enter into an arrangement (an information sharing arrangement) with the Commissioner of Fines Administration for the purposes of sharing or exchanging any information that is held by the Department or the Commissioner.
(2)  The information to which an information sharing arrangement may relate is limited to information that assists in the exercise of—
(a)  the functions of the Secretary under this Act or the regulations, or
(b)  the functions of the Commissioner of Fines Administration under the Fines Act 1996 or the regulations under that Act.
(3)  Under an information sharing arrangement—
(a)  the Secretary is, despite any other Act or law of the State, authorised to request and receive information from the Commissioner of Fines Administration comprising the name, address and date of birth of a person who is the subject of a children’s community service order and is a fine defaulter (within the meaning of the Fines Act 1996), and
(b)  the Commissioner of Fines Administration is authorised to disclose that information to the Secretary, and
(c)  the Commissioner of Fines Administration is, despite any other Act or law of the State, authorised to request and receive information from the Department comprising the name, address and date of birth of a person who is the subject of a children’s community service order and is a fine defaulter (within the meaning of the Fines Act 1996), and
(d)  the Secretary is authorised to disclose that information to the Commissioner of Fines Administration.
s 28B: Ins 2013 No 1, Sch 1.3 [2]. Am 2013 No 82, Sch 2.3 [1]–[3].
29   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a)  the circumstances in which a person other than an officer may be assigned by the Secretary in respect of the administration of a children’s community service order,
(b)  the requirements to be complied with by persons in respect of whom children’s community service orders are in force,
(b1)  providing for the exercise and performance, in such circumstances (if any) as the regulations may prescribe, of the powers, authorities, duties and functions of assigned officers by other persons,
(b2)  the service of documents under this Act and any circumstances in which service is to be treated as having been effected,
(c)  the appointment and payment of supervisors in respect of children’s community service orders to supervise persons in the performance of community service work,
(d)  the conduct of supervisors in respect of children’s community service orders and persons in respect of whom children’s community service orders are in force,
(e)  the health and safety of supervisors in respect of children’s community service orders and persons in respect of whom children’s community service orders are in force,
(f)  the maximum number of hours of community service work that persons in respect of whom children’s community service orders are in force may be required to perform on any one day,
(g)  the periods to be included or excluded in computing the number of hours of community service work performed by persons in respect of whom children’s community service orders are in force,
(h)  travelling and transport arrangements to be made for persons performing community service work, and
(i)  the payment of travelling and other expenses in connection with the performance of community service work.
(2)  A provision of a regulation may—
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
s 29: Am 1987 No 265, Sch 1 (15).
30   Savings and transitional provisions
Schedule 1 has effect.
s 30: Ins 1997 No 5, Sch 2 [8].
31   Delegation of functions
(1)  The Minister may delegate to the Secretary, or to any other person, the exercise of any of the Minister’s functions under this Act or the regulations, other than this power of delegation.
(2)  The Secretary may delegate to any person the exercise of—
(a)  any of the functions delegated under subsection (1) to the Secretary by the Minister, or
(b)  any of the other functions of the Secretary under this Act or the regulations, other than this power of delegation.
s 31: Ins 2002 No 1, Sch 3.2.
Schedule 1 Savings and transitional provisions
(Section 30)
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
Criminal Legislation Amendment Act 2001, to the extent that it amends this Act
Children (Criminal Proceedings) Amendment Act 2008, to the extent that it amends this Act
Graffiti Legislation Amendment Act 2012, to the extent that it amends this Act
Courts and Other Legislation Further Amendment Act 2013, to the extent that it amends this Act
(2)  Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3)  To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
2   Provisions consequent on enactment of Schedule 2 to Sentencing Legislation Amendment Act 1997
(1)  Section 13 (5) applies in respect of any order only if the order is made after the commencement of that subsection.
(2)  A direction in force under section 17 at the commencement of Schedule 2 [2] to the Sentencing Legislation Amendment Act 1997 continues in force, as if section 18 had not been amended by that item, until it expires or a new direction is given in its place.
(3)  The repeal and re-enactment of section 20 by the Sentencing Legislation Amendment Act 1997 do not affect any extension ordered before the repeal and re-enactment take effect.
(4)  Section 20 extends to apply to any children’s community service order that is in force immediately before the commencement of that subsection.
(5)  Section 24 (4) and (5) as inserted by the Sentencing Legislation Amendment Act 1997 apply to a failure to comply that occurs after the commencement of those subsections, but in respect of any children’s community service order in force at the time of the failure to comply, whenever the order was made.
3   Provisions consequent on enactment of Schedule 4 to Sentencing Legislation Amendment Act 1997
Part 6 (Liability in respect of work incidents) applies only in respect of an act or omission, or an injury caused by an act or omission, that occurs after the commencement of that Part.
4   Provisions consequent on enactment of Children (Criminal Proceedings) Amendment Act 2008
Any approval of the Minister or the Director-General in respect of work under this Act that is in force immediately before the repeal of the definition of work by the Children (Criminal Proceedings) Amendment Act 2008 is taken, on that repeal, to be an approval in respect of community service work.
5   Provision consequent on enactment of Graffiti Legislation Amendment Act 2012
The amendments made by the Graffiti Legislation Amendment Act 2012 apply to community service orders made in relation to offences committed after the commencement of the amendments.
6   Provision consequent on enactment of Courts and Other Legislation Further Amendment Act 2013
Section 28B extends to information obtained before the commencement of that section.
sch 1: Ins 1997 No 5, Sch 2 [8]. Am 1997 No 5, Sch 4 [3]; 2001 No 117, Sch 1 [6]; 2008 No 54, Sch 2.1 [10] [11]; 2012 No 57, Sch 1.1 [5] [6]; 2013 No 1, Sch 1.3 [3] [4].