27 Notice of revocation of children’s community service orders
If a court revokes a children’s community service order, the court must have notice of the revocation sent to the Director-General and to the assigned officer and, if the court is not the Children’s Court, to a Registrar of the Children’s Court.
28 Subsequent dealing—children’s community service orders to be taken into account
(1) If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the court, in so dealing with the person, shall take into account:(a) the fact that the order was made,(b) any thing done under the order, and(c) the number of hours of community service work performed by the person under the order.(2) If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the person shall be deemed to have a right of appeal against the manner in which the person is dealt with:(a) in the case of a decision of the Children’s Court or the Local Court—under Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001, or(b) in the case of a decision of the District Court or the Supreme Court—under section 5 (1) (other than paragraph (a) or (b)) of the Criminal Appeal Act 1912 as if:(i) the person were a person convicted on indictment, and(ii) the manner in which the person is dealt with were a sentence passed on his or her conviction.
(1) A person who discloses any information obtained in connection with the administration or execution of this Act is guilty of an offence unless the disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or(e) with other lawful excuse.Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.
(2) Proceedings for an offence against this section shall be dealt with summarily before the Local Court.
28B Exchange of certain information
(1) The Director-General may enter into an arrangement (an information sharing arrangement) with the Director of the State Debt Recovery Office for the purposes of sharing or exchanging any information that is held by the Department or the State Debt Recovery Office.(2) The information to which an information sharing arrangement may relate is limited to information that assists in the exercise of:(a) the functions of the Director-General under this Act or the regulations, or(b) the functions of the State Debt Recovery Office under the Fines Act 1996 or the regulations under that Act.(3) Under an information sharing arrangement:(a) the Director-General is, despite any other Act or law of the State, authorised to request and receive information from the State Debt Recovery Office comprising the name, address and date of birth of a person who is the subject of a children’s community service order and is a fine defaulter (within the meaning of the Fines Act 1996), and(b) the Director of the State Debt Recovery Office is authorised to disclose that information to the Director-General, and(c) the Director of the State Debt Recovery Office is, despite any other Act or law of the State, authorised to request and receive information from the Department comprising the name, address and date of birth of a person who is the subject of a children’s community service order and is a fine defaulter (within the meaning of the Fines Act 1996), and(d) the Director-General is authorised to disclose that information to the Director of the State Debt Recovery Office.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:(a) the circumstances in which a person other than an officer may be assigned by the Director-General in respect of the administration of a children’s community service order,(b) the requirements to be complied with by persons in respect of whom children’s community service orders are in force,(b1) providing for the exercise and performance, in such circumstances (if any) as the regulations may prescribe, of the powers, authorities, duties and functions of assigned officers by other persons,(b2) the service of documents under this Act and any circumstances in which service is to be treated as having been effected,(c) the appointment and payment of supervisors in respect of children’s community service orders to supervise persons in the performance of community service work,(d) the conduct of supervisors in respect of children’s community service orders and persons in respect of whom children’s community service orders are in force,(e) the health and safety of supervisors in respect of children’s community service orders and persons in respect of whom children’s community service orders are in force,(f) the maximum number of hours of community service work that persons in respect of whom children’s community service orders are in force may be required to perform on any one day,(g) the periods to be included or excluded in computing the number of hours of community service work performed by persons in respect of whom children’s community service orders are in force,(h) travelling and transport arrangements to be made for persons performing community service work, and(i) the payment of travelling and other expenses in connection with the performance of community service work.(2) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
30 Savings and transitional provisions
Schedule 1 has effect.
(1) The Minister may delegate to the Director-General, or to any other person, the exercise of any of the Minister’s functions under this Act or the regulations, other than this power of delegation.(2) The Director-General may delegate to any person the exercise of:(a) any of the functions delegated under subsection (1) to the Director-General by the Minister, or(b) any of the other functions of the Director-General under this Act or the regulations, other than this power of delegation.