Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 301

    (1)     If the Children's Court is determining whether to attach a special condition to an order specified in subsection (4), the Court must—

        (a)     have regard to—

              (i)     the sentencing principles; and

              (ii)     the objects of the order to which the special condition would be attached; and

              (iii)     the need to address the underlying causes of the child's offending; and

              (iv)     any pre-sentence report or supplementary pre-sentence report; and

              (v)     any youth justice planning meeting report or youth justice plan prepared in respect of the child for the offence for which the order is to be made or varied; and

              (vi)     the safety of any victim of the child's offending; and

        (b)     be satisfied that the special condition is relevant to one or more offences in respect of which the order is to be made or varied; and

        (c)     be satisfied that the child is capable of complying with the special condition, taking into account—

              (i)     the core conditions of the order to which the special condition would be attached; and

              (ii)     any other special conditions attached or proposed to be attached to the order; and

              (iii)     the availability of support services or other services relevant to the child's compliance with the special condition; and

              (iv)     the child's personal circumstances.

Note

The following sections limit the special conditions which may be attached to particular orders—

              •     section 247—good behaviour order;

              •     section 271—probation order;

              •     section 276—youth supervision and support order.

    (2)     Before the Children's Court attaches a special condition to the order, the Court must seek the child's view on the child's ability to comply with the special condition taking into consideration the core conditions of the order and any special conditions already attached to the order.

    (3)     A special condition may be attached to the order for the whole or any part of the period of the order.

    (4)     The specified orders are—

        (a)     a good behaviour order; or

        (b)     a probation order; or

        (c)     a youth supervision and support order; or

        (d)     a youth control order.