Children (Community Service Orders) Act 1987 No 56

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.

This Act may be cited as the Children (Community Service Orders) Act 1987 .

(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.

(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.

(b) an authorised officer within the meaning of the Criminal Procedure Act 1986 .

(c) (Repealed)

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.

perform community service work includes participate in any personal development, educational or other program that is community service work.

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.

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(2) (Repealed)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.

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.

(1) If, in dealing with a person to whom this Act applies, a court would, but for this section—

(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—

(b) the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.

(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].

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].

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—

(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.

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).

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.

(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.

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—

(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].

(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].

(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—

(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,

(3A) Despite subsection (3), if—

(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].

(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].