Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In deciding whether to include an education and training condition in the good behaviour order, the court must consider the following:
(a) any pre-sentence report or relevant sentencing information for the young offender given to the court;
(b) any medical report about the young offender given to the court;
(c) any evidence given by the person who prepared a pre-sentence report for the young offender or who gave relevant sentencing information to the court;
(d) any evidence given by the CYP director-general about the young offender.
(2) Subsection (1) does not limit the matters that the court may consider.
(3) The court may include, or decline to include, an education and training condition in the good behaviour order for the young offender despite—
(a) any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the suitability of the young offender to serve a sentence (or a part of a sentence) by taking part in education or training; or
(b) any evidence given by the person who prepared any pre-sentence report for the young offender or who gave relevant sentencing information to the court; or
(c) any evidence given by the CYP director-general about the young offender.
(4) The court must record reasons for its decision to include, or not include, an education and training condition in the good behaviour order if—
(a) a pre-sentence report recommends, or relevant sentencing information indicates, that the young offender is suitable but the court decides not to include an education and training condition; or
(b) a pre-sentence report recommends, or relevant sentencing information indicates, that the young offender is not suitable but the court decides to include an education and training condition.
(5) Failure to comply with subsection (4) does not invalidate the good behaviour order.