Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Children (Community Service Orders) Act 1987.
ANTHONY KELLY, M.L.C.,Minister for Juvenile Justice
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Children (Community Service Orders) Regulation 2005.
2 Commencement
This Regulation commences on 1 September 2005.Note—This Regulation replaces the Children (Community Service Orders) Regulation 2000 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(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) Notes included in this Regulation do not form part of this Regulation.
Part 2 Conditions of community service work
4 Maximum hours of work per day
The maximum number of hours of community service work that an offender may be required to perform in any one day is 8. However, an offender may agree to perform more community service work in any one day.
5 Tea breaks and meal breaks
(1) An offender is to 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.
6 Computation of hours of community service work performed
(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.(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.
7 Offenders to comply with certain requirements
(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 specify, 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.
8 Inability of offender to comply with certain directions
(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, relieve the offender from the obligation to comply with the direction even though the direction may have been given by some other assigned officer or supervisor.(3) Before relieving an offender from the obligation to comply with a direction, or as a condition of so relieving the offender, 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.
9 Travelling and transport arrangements
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.
10 Work sites
(1) An assigned officer may, in accordance with section 18 of the Act, direct an offender to perform work for:(a) any department within the meaning of the Public Sector Employment and Management Act 2002, or(b) any declared authority to which Part 6.4 of the Public Sector Employment and Management Act 2002 applies, or(c) a council or county council within the meaning of the Local Government Act 1993.(2) Such a direction may be given only if arrangements satisfactory to the Director-General have been made in relation to the availability, location and type of work to be performed by offenders.
Part 3 Miscellaneous
11 Service of documents
(1) 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.(2) In addition, a children’s community service order made by an authorised justice is taken to have been effectively served if a copy of the children’s community service order is served personally on the person to whom the order relates.
12 Appointment of assigned officers: section 16
(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.
13 Appointment of supervisors
(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.(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.
14 Supervisor to report to assigned officer
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.
15 Applications for extension of order: section 20A
An application under section 20A 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.
16 Application for revocation of order: section 21
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.
17 Savings
Any act, matter or thing that, immediately before the repeal of the Children (Community Service Orders) Regulation 2000, had effect under that Regulation continues to have effect under this Regulation.