A youth control order is served in the community under strict conditions. It is the most intensive sentencing order that a child can serve in the community in Victoria.
The Children’s Court may impose a youth control order if:
- the child commits an offence that is punishable by imprisonment
- the court is satisfied that the child is a suitable person to be placed on the order
- the child consents to the order
- a youth control order plan has been developed.
The Children’s Court can impose a youth control order for up to 12 months, but the order cannot extend longer than the child’s 21st birthday.
Conditions of Youth Control Orders
Youth control orders include the following mandatory conditions:
- not committing another offence while the order is in force
- reporting to the Secretary of the Department of Justice and Community Safety within two working days after the order is made
- reporting to the Secretary as required while the order is in force
- complying with any lawful and reasonable directions given by the Secretary
- attending the Children’s Court as directed by the court
- participating in education, training or work
- notifying the Secretary of any change in residence, school or employment
- only leaving Victoria with the permission of the Secretary.
Under the Children, Youth and Families Act 2005 (Vic), the Children’s Court may attach one or more optional conditions, including:
- participating in community service
- undergoing alcohol or drug treatment
- attending counselling or disability services
- residing at a specific address
- abiding by a curfew
- not having contact with specified persons
- participating in a group conference
- participating in cultural programs
- not going to particular places or areas
- not using specified social media if this will protect the community.
Monitoring a Child on a Youth Control Order
Children on youth control orders must attend court at least once a month for the first half of the youth control order. This is so the Children’s Court can monitor the child’s compliance with the order and ensure the conditions of the order are still suitable for the child. At the hearing, the Children’s Court may vary the order if appropriate.
If a child breaches the conditions of a youth control order, an application can be made to the court for the order to be cancelled. The Children’s Court may then revoke the order if:
- the child has failed to comply with the order to such an extent that they are no longer suitable to be on the order or
- the child commits an offence punishable by at least 5 years’ imprisonment.
If the Children’s Court revokes the youth control order, it must sentence the child to detention. This is unless the court considers that detention is not appropriate due to exceptional circumstances.
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