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CHILDREN, YOUTH AND FAMILIES REGULATIONS 2017 (SR NO 19 OF 2017) - SCHEDULE 6

Schedule 6—CAYPINS forms

FORM 1

Regulation 45(1)

Children, Youth and Families Act 2005

(Schedule 3 clause 3(1)(a))

INFRINGEMENT PENALTY FOR REGISTRATION

[ Name of Enforcement Agency ] seeks to have the infringement penalty, as detailed below, registered.

DETAILS OF CHILD

Surname—     Other Names—

Date of birth—

Address—

Suburb—     Postcode—

DETAILS OF INFRINGEMENT NOTICE

Description of offence—

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/*Commonwealth Act or any Act of another State or a Territory or any subordinate instrument under such an Act that applies as a law of Victoria/*Code—

Infringement Notice No.—

Time of offence—     Date of offence–—

Place of offence—     Date of Issue of Infringement
    Notice—

VEHICLE DETAILS (if relevant)

Registration number—     State of issue (Registration)—

*Licence/*Permit number—     Vehicle class—

State of issue (*Licence/*Permit)—

ENFORCEMENT AGENCY DETAILS

Title or name of issuing officer—

Enforcement Agency—

Address—

PENALTY/INSTALMENT DETAILS

The original infringement penalty was—[ insert amount ].

The amount that has been paid is—[ insert amount ].

The amount to be registered (including $ [insert amount] costs) is— [ insert amount ].

(The amount to be registered consists of the original infringement amount minus any amount previously paid to the Enforcement Agency (whether or not pursuant to a payment plan), plus any prescribed costs.)

*EXTENSION OF TIME DETAILS

This infringement penalty is to be registered more than 6 months from the date of the offence for the following reason—

*The registrar has cancelled the registration and remitted the infringement notice to the enforcement agency under clause 6(5)(b) or 8(3)(a) of Schedule 3 to the Children, Youth and Families Act 2005 .

Date of cancellation:

*The Court has cancelled the infringement notice under Part 3 of Schedule 3 to the Children, Youth and Families Act 2005 and a new infringement notice has been served on the child.

Date of cancellation:

*A person has nominated the child for an offence committed under the Road Safety Act 1986 , the Melbourne City Link Act 1995 or the EastLink Project Act 2004 .

Date on which the infringement notice was served on the child:

*A nomination for an offence committed under the Road Safety Act 1986 , the Melbourne City Link Act 1995 or the EastLink Project Act 2004 was made and has subsequently been cancelled under section 84BF(1) of the Road Safety Act 1986 so that the liability has reverted to the child.

Date of cancellation:

*The offence is against section 204 of the EastLink Project Act 2004 or section 73 of the Melbourne City Link Act 1995 .

Date of service of infringement notice:

*A payment plan applies to the child in respect of the offence and the child has defaulted on a payment in respect of the offence.

Date of default:

*A payment plan applies to the child in respect of the offence and the child has removed the infringement penalty and any prescribed costs in respect of the infringement offence from the plan.

Date of removal:

*A payment plan applies to the child in respect of the offence and the child has cancelled that plan.

Date of cancellation:

*An infringement notice has been reviewed under Division 3 of Part 2 of the Infringements Act 2006 and advice of the outcome of the review has been served on the child under section 24(3) of that Act.

            Date of service:

* Delete if not applicable.

NOTES—

This form can be replicated for each additional penalty/instalment.

FORM 2

Regulation 45(2)

Children, Youth and Families Act 2005

(Schedule 3 clause 3(1)(b))

CERTIFICATE FOR REGISTRATION OF INFRINGEMENT PENALTY

I, [Name] , an appropriate officer of [Name of Enforcement Agency ] certify that in respect of the child or each child referred to in each document provided under clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005 with this certificate, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied—

        (a)     an infringement notice has been served on the child;

        (b)     a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid;

        (c)     a period of at least 28 days has passed since the penalty reminder notice was served;

        (d)     the infringement penalty and any prescribed costs had not been paid, whether in full or in part, before this certificate was issued;

        (e)     if a payment plan under the Infringements Act 2006 applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan and a specified amount still remains to be paid under that payment plan;

        (f)     if a part payment of the infringement penalty and prescribed costs has been made (otherwise than under a payment plan under the Infringements Act 2006 ) but no further payment has been made and a specified amount still remains to be paid;

        (g)     the child has not, under Part 2 of the Infringements Act 2006 elected to have the matter of the infringement offence heard and determined in the Court;

        (h)     a charge-sheet in relation to the offence has not been filed;

              (i)     a charge-sheet may still be filed in relation to the offence;

        (j)     if the infringement notice was served under section 87 of the Road Safety Act 1986 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence;

        (k)     if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence;

        (l)     if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995 the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence;

        (m)     if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004 the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence.

Signed on behalf of the Enforcement Agency by—

Appropriate Officer—

Print Name—

Date—

* Delete if not applicable.

FORM 3

Regulation 45(3)

Children, Youth and Families Act 2005

(Schedule 3 clause 5(1))

CANCELLATION OF REGISTRATION OF AN INFRINGEMENT PENALTY

Infringement No.—

Date—

Enforcement agency—

Child's name—

Address—

To the registrar of the Children's Court at [ venue ]

The enforcement agency in this matter requests that you cancel the registration of the infringement penalty identified by this form.

Signed on behalf of the
enforcement agency by—

Name—

Date—

FORM 4

Regulation 45(4)

Children, Youth and Families Act 2005

(Schedule 3 clause 6(4))

APPLICATION FOR ORDER THAT PAYMENT OF REGISTERED AMOUNT NOT BE ENFORCED

Registration No.—

Date of registration—

Child's name—

Date of birth—

Address—

Description of offence—

Place of offence—

Date of offence—

Enforcement agency—

Registered amount— $

I, [ name of child ], apply to the registrar of the Children's Court of Victoria for an order that payment of the above registered amount not be enforced.

* Details of my employment, school attendance and personal and financial circumstances are as follows—

OR

* I have already provided details in writing to the registrar of my employment, school attendance and personal and financial circumstances.

I am aware that a copy of this application together with any information provided under clause 6(3) of Schedule 3 to the Children, Youth and Families Act 2005 will be provided to the enforcement agency that issued the infringement notice if an order is made that payment of the above registered amount not be enforced.

Signed—

Name—

Date—

* Delete if not applicable.

FORM 5

Regulation 45(5)

Children, Youth and Families Act 2005

(Schedule 3 clause 9(1))

NOTICE OF ENFORCEMENT ORDER

COURT REFERENCE NUMBER—

DATE OF REGISTRATION—

DETAILS OF CHILD

Surname—     Other Names—

Date of Birth—

Address—

Suburb—     Postcode—

DETAILS OF INFRINGEMENT NOTICE

Description of offence—

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/ *Commonwealth Act or subordinate instrument that applies as a law of Victoria/*Code—

Infringement Notice No.—

Time of offence—     Date of offence—

Place of offence—     Date of Issue of Infringement Notice—

ENFORCEMENT AGENCY DETAILS

Title or name of issuing officer—

Enforcement Agency—

Address—

DETAILS OF ORDER

On [date] , at [venue] the following orders were made—

Dated—

for registrar

Failure to make the payment required in this order or to make an application to the registrar (see Notes) may result in further proceedings in the Children's Court.

Methods of payment [ insert details ].

WARNING:

DO NOT IGNORE THIS NOTICE OR MORE SERIOUS PENALTIES MAY BE IMPOSED.

Notes:

    (1)     Under clause 7 of Schedule 3 to the Children, Youth and Families Act 2005 you may apply to the registrar of the Children's Court at [ venue ] for one or more of the following—

        (a)     an order that the time within which the registered amount is to be paid be extended;

        (b)     an order that the registered amount be paid by instalments;

        (c)     an order for the variation of an instalment order.

    (2)     If this order requires you to make any payment, you have 28 days after the date of this notice to apply in writing to the Court for a review of the registrar's order.

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