New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 1

SCHEDULE 1 – Amendment of Children (Community Service Orders) Act 1987

(Section 3)

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"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.

[2] Section 19 Duration of children's community service orders

Omit section 19 (b). Insert instead:

(b) the expiration of the relevant maximum period, or

[3] Sections 20 and 20A

Omit section 20. Insert instead:

20 Increase in hours of children's community service orders

(1) The Director-General 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 Director-General 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.

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 Director-General 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 Director-General:

(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.

[4] Sections 21 and 21A

Omit section 21. Insert instead:

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.

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 1978 , 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.

[5] Part 5 Enforcement of children's community service orders

Omit the Part.

[6] Schedule 1 Savings and transitional provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act