Northern Territory Repealed Regulations

This legislation has been repealed.

JUVENILE JUSTICE (PUNITIVE WORK ORDERS) REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

JUVENILE JUSTICE (PUNITIVE WORK ORDERS) REGULATIONS

As in force at 29 April 1998

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 29 April 1998. Any amendments that commence after that date are not included.

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JUVENILE JUSTICE (PUNITIVE WORK ORDERS) REGULATIONS

Regulations under the Juvenile Justice Act

1. Citation

These Regulations may be cited as the Juvenile Justice (Punitive Work Orders) Regulations.

1. Commencement

These Regulations come into operation on the date fixed by the Administrator by notice in the Gazette.

1. Definitions

In these Regulations, unless the contrary intention appears:

juvenile means a juvenile who is subject to a punitive work order.

punitive work order officer, in relation to a juvenile, means:

(a) a supervising officer;

(b) a probation officer; or

(c) an officer within the meaning of the Prisons (Correctional Services) Act,

who is directed by the Director to supervise the juvenile while performing work under a punitive work order.

1. Duties of punitive work order officers

A punitive work order officer must:

(a) supervise juveniles as directed by the Director;

(b) report to the Director on the matters the Director requires, including:

(i) the attendance record;

(ii) the work attitude; and

(iii) the conduct,

of a juvenile on a day on which work was performed by the juvenile under a punitive work order;

(c) satisfy himself or herself on the day on which a juvenile is to perform work under a punitive work order that the person who attends is the juvenile named in the order; and

(d) attend at a court when required by the Director or the court for the purpose of giving evidence or providing a report in proceedings against a juvenile for a breach of a punitive work order.

1. Conflict of interests

A punitive work order officer must not personally benefit, directly or indirectly, from work performed by a juvenile under a punitive work order, otherwise than as a member of and in common with other members of the community.

1. Juvenile to attend

(1) A juvenile must not absent himself or herself from a place at which he or she is required to perform work under a punitive work order, except with the approval of his or her punitive work order officer.

(2) The Director may exempt a juvenile from attending at a place to perform work under a punitive work order for all or part of a day, if the Director is satisfied that reasonable grounds exist for excusing the juvenile from performing that work.

(3) A juvenile may apply to the Director for an exemption under subregulation (2) not less than 24 hours before the day on which he or she is to perform work under the punitive work order or a lesser period determined by the Director in a particular case.

(4) The Director may require a juvenile to provide the information or evidence in support of the juvenile's application under subregulation (3) as the Director thinks fit.

1. Juvenile to supply medical certificate

A juvenile who is not serving a term of detention in a detention centre or a term of imprisonment in a prison and who does not present himself or herself to perform work under a punitive work order at the time appointed for the work to be performed on the grounds of sickness must:

(a) within 72 hours after the time at which the juvenile was required to present to perform that work; or

(b) within the further time allowed by the Director,

supply the Director with a certificate, signed by a medical practitioner, stating the facts on which the juvenile relies.

1. Absence from work not to count as work time

A period during which:

(a) a juvenile is exempt under regulation 6(2) from attending a place to perform work under a punitive work order; or

(b) a juvenile is absent because of sickness from a place the juvenile is required to present himself or herself to perform work under a punitive work order,

is not to be included in the calculation of the 224 hours of work required to be performed under the order.

1. Behaviour of juvenile

(1) A juvenile must not:

(a) report to work while under the influence of alcohol or a dangerous drug within the meaning of the Misuse of Drugs Act;

(b) use or consume alcohol or a dangerous drug within the meaning of the Misuse of Drugs Act while at a place of work or during a rest break under regulation 17; or

(c) damage, deface or otherwise injure (normal wear and tear excepted) any equipment, material or other matter supplied to him or her or on which he or she is performing work under a punitive work order.

(2) While at a place of work under a punitive work order, a juvenile must:

(a) take appropriate care for his or her own health and safety and for the health and safety of all persons who may be affected by his or her acts or omissions;

(b) as far as is practicable, follow all reasonable directions given to him or her by a punitive work order officer in relation to his or her own and any other person’s health and safety; and

(c) use relevant safety equipment when provided or made available for his or her use.

10. Punitive work order officer may order juvenile to cease work

(1) A punitive work order officer may order a juvenile who is, in the opinion of the punitive work order officer, under the influence of or who has used or consumed alcohol or a dangerous drug within the meaning of the Misuse of Drugs Act to cease work.

(2) A punitive work order officer may order a juvenile to cease work where, in the opinion of the punitive work order officer the juvenile, is in breach under section 53AM of the Act of his or her punitive work order.

(3) Where a juvenile (other than a juvenile who is serving a term of detention in a detention centre or a term of imprisonment in a prison) is ordered to cease work, the juvenile must:

(a) leave the place of work; and

(b) at the discretion of the punitive work order officer, be responsible for his or her own means of transport from that place.

1. Director may hold inquiry

(1) Where under regulation 10 a juvenile is ordered to cease work, the Director may inquire into the circumstances in relation to which the order to cease work was made.

(2) For the purposes of carrying out an inquiry under subregulation (1), the Director may require the punitive work order officer or the juvenile to provide him or her with the information the Director requires regarding the circumstances in relation to which the juvenile was ordered to cease work.

1. Juvenile may be suspended

(1) Where the Director is satisfied that a juvenile is in breach of a punitive work order, the Director may, by notice served on the juvenile, suspend him or her from attending at a place to perform work under the order.

(2) A suspension under subregulation (1) remains in force until the juvenile is dealt with under section 53AM of the Act in respect of the breach.

(3) A notice under subregulation (1) is to be in accordance with Form 1 in the Schedule.

(4) A notice under subregulation (1) may be served on the juvenile by:

(a) delivering it to him or her personally; or

(b) posting it to him or her at his or her last known place of residence or business.

1. Circumstances in which work taken to be performed

Unless alternative arrangements are earlier made by a punitive work order officer, where a juvenile attends at a place at which he or she is directed to attend to perform work under a punitive work order and his or her punitive work order officer is not present at the place within one hour after the time directed for the commencement of the work to be performed, the juvenile is to be taken to have performed work under the punitive work order for 8 hours.

1. Protective and identifying clothing, &c

(1) A juvenile who is supplied with, and directed by a punitive work order officer to wear or use, protective or identifying clothing or equipment, must wear or use the clothing or equipment while performing work under a punitive work order.

(2) A juvenile must, when performing work under a punitive work order and directed to do so by a punitive work order officer:

(a) wear protective footwear of the type supplied by the Director; or

(b) wear footwear of a type approved by the Director and provided at the expense of the juvenile.

1. Travelling time

If a juvenile is required by or under a punitive work order to report to a punitive work order officer at a particular place and on so reporting is transported, or directed to report, to another place to perform work under the punitive work order, the reasonable time spent in travelling to the other place is to be counted as time worked by him or her under the punitive work order.

1. Injury time

Where a juvenile is, by reason of injury sustained in the course of or as a result of work performed by him or her under a punitive work order, unable to perform or complete work under a punitive work order that he or she would otherwise be required to perform, the time that he or she might reasonably have been expected to spend on that work had he or she not been injured is to be counted as time worked by him or her under the punitive work order.

1. Rest breaks

(1) While performing work under a punitive work order, a juvenile is entitled to the following rest breaks:

(a) a 15 minute rest break after the first period of 2 hours of work;

(b) a 30 minute meal break after the second period of 2 hours of work;

(c) a 15 minute rest break after the third period of 2 hours of work.

(2) Time spent on a rest break under subregulation (1) by a juvenile is not to be counted as time worked by him or her under his or her punitive work order.

Schedule

FORM 1

regulation 12

CASE No ...........................

NORTHERN TERRITORY OF AUSTRALIA

Juvenile Justice Act

JUVENILE JUSTICE (PUNITIVE WORK ORDERS) REGULATIONS

NOTICE OF SUSPENSION OF JUVENILE

TO ................................................................................................................

I am satisfied that you are in breach under section 53AM of the Juvenile Justice Act of the punitive work order made on .............................................

YOU ARE HEREBY NOTIFIED that you are suspended from attending at the place to perform work under the order.

The matter of the breach of the order will now be referred to the court and you are not to attend for further work under the punitive work order until the matter is resolved by the court.

Dated .

Director of Correctional Services

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION