Children (Community Service Orders) Act 1987 Children (Community Service Orders) Regulation 1995 (1995-456) [GG No 105 of 1.9.1995] (NSW)

1995-No. 456

CHILDREN (COMMUNITY SERVICE ORDERS) ACT 1987—

REGULATION

(Children (Community Service Orders) Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of I September 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Children (Community Service Orders) Act 1987, has been pleased to make the Regulation set forth hereunder.

RONALD DAVID DYER, M.L.C.,

Minister for Community Services.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Children (Community Service Orders) Regulation 1995.

Commencement

2. This Regulation commences on 1 September 1995.

Definitions

3. (1) In this Regulation:

“offender” means a person in respect of whom a children’s

community service order is in force;

‘‘the Act” means the Children (Community Service Orders) Act 1987; “work site” means a place at which an offender performs, or is

required to perform, community service work.

(2) In this Regulation, a reference to a form is a reference to a form set out in Schedule 1.

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PART 2—CONDITIONS OF COMMUNITY SERVICE WORK

Maximum hours of work per day

4. An offender must not be directed to perform more than 8 hours of community service work in any one day except by agreement between the offender and the assigned officer.

Meal breaks and tea breaks

5. (1) An offender may be given such tea breaks (at a rate of no more than 5 minutes for each hour for which the offender is actually engaged in performing community service work) as the offender’s assigned officer or supervisor thinks fit.

(2) An offender who has performed community service work continuously (or interrupted only by a tea break to which the offender is entitled under subclause (1)) for 4 hours is entitled to a meal break of 1 hour.

Computation of hours of community service work performed

6. (1) The following periods of time are to be taken to form part of the time spent by an offender in performing community service work:

(a)	time spent by the offender while actually engaged in performing community service work;
(b)	time spent by the offender in travelling between the offender’s place of residence and the offender’s work site;

(c) time spent by the offender in having any meal break or tea break; (d) time spent by the offender at the offender’s work site (otherwise

than as referred to in paragraph (a) or (c)) in accordance with a
direction given by the assigned officer or a supervisor;

(e) time that elapses between the offender’s early release from community service work on any day and the time when the offender would (but for the early release) otherwise have been released.

(2) The assigned officer for an offender may determine that the whole or any part of the time spent by the offender at a work site (whether or not the time is spent in performing community service work) is to be deducted from any computation of the time spent by the offender in performing community service work if the offender, while at the work site:

(a) is under the influence of drugs or alcohol; or
(b) conducts himself or herself in an offensive manner.

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(3) The periods of time referred to in subclause (1) (b) and (2) are to be determined by the offender’s assigned officer in accordance with any relevant directions given by the Director-General.

Offenders to comply with certain requirements

7. (1) An offender must, while performing community service work:

(a)	comply with such standards of dress, cleanliness and conduct as the assigned officer may from time to time determine; and
(b)	keep in good order and condition such clothing and equipment as may be issued to the offender in connection with the performance of that work.

(2) An offender must not damage or deface any property that is on or forms part of a work site otherwise than in the course of performing community service work in accordance with the directions of the assigned officer or supervisor.

Inability of offender to comply with certain directions

8. (1) If an offender is directed to do anything that the offender is incapable of doing, the offender must, as soon as practicable, advise the assigned officer or supervisor of that fact.

(2) An assigned officer or supervisor may, if satisfied that an offender is incapable of doing something that the offender has been directed to do, excuse the offender from having to comply with the direction even though the direction may have been given by some other assigned officer or supervisor.

(3) Before excusing an offender from having to comply with a direction, or as a condition of giving such an excusal, the assigned officer or supervisor may require the offender to furnish a certificate issued by a registered medical practitioner to the effect that the offender is incapable of doing the thing concerned.

Travelling and transport arrangements

9. The Director-General may, in such circumstances as the Director- General thinks fit:

(a)	provide transport for an offender between the offender’s work site and the offender’s place of residence; or
(b)	reimburse the offender for the offender’s expenses in travelling between the offender’s work site and the offender’s place of residence or in performing community service work.

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Work sites: sec 18

10. (1) An assigned officer may direct a person in respect of whom a children’s community service order is in force to perform work for:

(a)	any department, administrative office or declared authority within the meaning of the Public Sector Management Act 1988; or
(b)	a council or county council within the meaning of the Local Government Act 1993.

(2) Such a direction may only be given if arrangements satisfactory to the Director-General have been made in relation to the availability, location and type of work to be performed by persons under children community service orders.

PART 3—MISCELLANEOUS

Form of order for fine defaulters: sec 5A

11. Form 1 is the prescribed form for the purposes of section 5A (1) of the Act.

Service of copies of fine default orders: sec 12

12. A copy of a children’s community service order made by an authorised justice may be served on the person to whom the order relates personally or by post.

Appointment of assigned officers: sec 16

13. (1) For the purposes of section 16 ( 1) of the Act, the Director- General may appoint any person who is, in the opinion of the Director- General, suitably qualified and of suitable character as an assigned officer in respect of the administration of a children’s community service order.

(2) A person so appointed is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Director-General may determine in respect of the person, unless the person is an officer or temporary employee of the Public Service.

Appointment of supervisors

14. (1) The Director-General may appoint any person who is, in the opinion of the Director-General, suitably qualified and of suitable character to supervise persons in the performance of community service work.

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(2) A person so appointed is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Director-General may determine in respect of the person, unless the person is an officer or temporary employee of the Public Service.

Supervisor to report to assigned officer

15. A supervisor must, when required by an assigned officer to do so, report to the assigned officer on any matter relating to an offender under the supervisor’s supervision.

Applications for extension of order: sec 20

16. An application under section 20 of the Act for the extension of the period for which a children’s community service order is in force must be in writing and in such form as the Director-General may from time to time determine.

Application for revocation of order: sec 21

17. An application under section 21 of the Act for the revocation of a
children’s community service order must be in writing and in such form

as the Senior Children’s Magistrate may from time to time determine.

Satisfaction of fine default orders by payment: sec 22A

18. (1) For the purposes of section 22A of the Act, the prescribed manner of making a payment referred to in that section is by taking a certificate of hours worked to a Children’s Court or a Local Court and paying the amount specified in the certificate to the Registrar of the Children’s Court or the Clerk of the Local Court.

(2) For the purposes of this clause, an assigned officer may issue a certificate of hours worked, in such form as the Director-General may from time to time determine, indicating:

(a)	the number of hours of community service work performed by the offender under the children’s community service order to which the certificate relates; and
(b)	the total amount that must be paid by the offender to satisfy that order.

Service of documents

19. Service of a document under the Act or this Regulation is to be
treated as having been effected if it is served by post at the last known
address of the person on whom the document is required to be served.

1995—No. 456

Repeal

20. (1) The Children (Community Service Orders) Regulation 1988 is repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Children (Community Service Orders) Regulation 1988, had effect under that Regulation continues to have effect under this Regulation.

SCHEDULE 1—FORMS

Form 1

(Cl. 11)

CHILDREN'S COMMUNITY SERVICE ORDER—FINE DEFAULT

Children (Community Service Orders) Act 1987

(Section 5A (1))

Name of child:	Date of birth .../.../....
Address:
Offence:
Court reference:	Date of order .../.../....
Where order made:
In the above matter, you were ordered to pay the sum of $

The time allowed to pay the amount having expired, the total amount still outstanding is
$

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YOU ARE THEREFORE ORDERED to perform community service work in accordance with the following terms:

Period of work:

You must present yourself to:

(Insert assigned officer and place)

within 28 days from the date of this order for the purpose of performing community

service work in the area directed.

The term of the order is 12 months unless the order is completed sooner by:

- payment of the amount outstanding (see below)
- completion of the work

- breach proceedings and subsequent detention.

..............................................

Authorised Justice

(ADDRESS)

(DATE OF ISSUE)

Fine

court costs

Professional costs

Other costs

TOTAL (amount outstanding)

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NOTICE TO CHILD

1.  You may satisfy this order by paying the amount outstanding (shown above) in full or by making arrangements with the Court to pay by instalments.

2.  Failure to report for work as directed may result in breach proceedings being commenced against you.

3.  You should telephone the Office before reporting. Telephone number

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.       Citation

2.        Commencement

3.        Definitions

PART 2—CONDITIONS OF COMMUNITY SERVICE WORK

4.        Maximum hours of work per day

5.        Meal breaks and tea breaks

6.        Computation of hours of community service work performed

7.        Offenders to comply with certain requirements

8.        Inability to comply with certain directions

9.        Travelling and transport arrangements

10.      Work sites: sec 18

PART 3—MISCELLANEOUS

11       Form of order for fine defaulters: sec 5A

12.       Service of copies of fine default orders: sec 12

13.      Appointment of assigned officers: sec 16

14.      Appointment of supervisors

15.       Supervisor to report to assigned officer

16.      Applications for extension of order: sec 20

17.      Application for revocation of order: sec 21

18.      Satisfaction of fine default orders by payment: sec 22A

19.       Service of documents

20.      Repeal

SCHEDULE l—FORMS

1995—No. 456

EXPLANATORY NOTE

The object of this Regulation is to repeal and replace the Children (Community Service Orders) Regulation 1988 with generally no change in matters of substance. The Regulation deals with the following matters:

(a)	conditions relating to the performance of community service work, including maximum hours of work to be performed each day, the taking of meal breaks and tea breaks and requirements to be observed by offenders performing such work (Part 2);
(b)	miscellaneous matters, including forms to be used under the Children (Community Service Orders) Act 1987, service of documents, appointment of assigned officers and supervisors for the administration of children community service orders (Part 3);

(c) formal matters (Part 1).

This Regulation is made under the Children (Community Service Orders) Act 1987, including section 29 (the general regulation making power) and various other sections referred to in the Regulation.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.