Children and Young Persons (Children's Court) (Amendment) Regulations 2005
i
Children and Young Persons (Children's Court)
(Amendment) Regulations 2005
S.R. No. 139/2005
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 2
3. Principal Regulations 2
4. Advice in other languages 2
5. New regulations 12 to 21 inserted 2
12. Specified agencies under section 260B 2
13. Enforcement agencies 3
14. Continuing offence provision 3
15. Infringement notice 3
16. Penalty notice—prescribed offence 7
17. Courtesy letter costs 7
18. Courtesy letter—section 87 of the Road Safety
Act 1986 7
19. Courtesy letter—section 88 of the Road Safety
Act 1986 8
20. Minimum registrable amount 8
21. CAYPINS forms 9
6. Minor amendments 9
7. Schedule 2 substituted 10
SCHEDULE 2—Prescribed Regions of the State 10
8. Schedule 3 substituted 11
SCHEDULE 3—Prescribed Regions of the State 11
9. Amendments to Schedule 5 12
Form 11—Notice to Appear Before the Court—Criminal
Division 12
Form 13—Probation Order 13
Form 15—Youth Supervision Order 15
Form 16—Youth Attendance Order 17
10. New Schedules 6 to 8 inserted 18
SCHEDULE 6—Specified Agencies for the Purposes of
Section 260B of the Act 19
SCHEDULE 7—Enforcement Agencies 20
SCHEDULE 8—CAYPINS Forms 22
Form 1—Infringement Penalty for Registration 22
Form 2—Certificate for Registration of Infringement Penalty 23
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Regulation Page
ii
Form 3—Non-Registration of an Infringement Penalty 26
Form 4—Application for Order that Payment of Fine 26
Form 5—Notice of Enforcement Order 28
11. Amendment of Road Safety (Drivers) Regulations 1999 30
═══════════════
ENDNOTES 31
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1
STATUTORY RULES 2005
S.R. No. 139/2005
Children and Young Persons Act 1989
Children and Young Persons (Children's Court)
(Amendment) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 15 November 2005
Responsible Minister:
ROB HULLS
Attorney-General
JUSTINE FRANKLIN
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to amend the Children and Young Persons
(Children's Court) Regulations 2001—
(i) to prescribe matters relating to the
procedure for enforcement of
infringement penalties against a child;
and
(ii) to prescribe the fees and costs payable
in respect of enforcement of
infringement penalties against a child;
and
(iii) to make other amendments
consequential on the Children and
Young Persons (Miscellaneous
Amendments) Act 2005; and
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(b) to amend the Road Safety (Drivers)
Regulations 1999 to make amendments
consequential on the Children and Young
Persons (Miscellaneous Amendments) Act
2005.
2. Authorising provision
These Regulations are made under section 280 of
the Children and Young Persons Act 1989.
3. Principal Regulations
In these Regulations, the Children and Young
Persons (Children's Court) Regulations 20011 are
called the Principal Regulations.
4. Advice in other languages
After regulation 11(1) of the Principal Regulations
insert—
"(1A) A notice of advice in the form of Form 19
must be included with and served with any
document that is caused to be given or sent
to a child by the registrar or the Court in
accordance with—
(a) clause 6(1) of Schedule 2A to the Act;
or
(b) clause 8(6) of Schedule 2A to the Act;
or
(c) clause 9(3) of Schedule 2A to the Act.".
5. New regulations 12 to 21 inserted
After regulation 11 of the Principal Regulations
insert—
'12. Specified agencies under section 260B
For the purposes of section 260B of the Act,
a person or body listed in Schedule 6 is a
specified agency.
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13. Enforcement agencies
For the purposes of paragraphs (c), (d)
and (e) of the definition of "enforcement
agency" in clause 2 of Schedule 2A to the
Act, a person, body, class of person or body,
administrative unit or group of people
described or specified in Schedule 7 is
prescribed as an enforcement agency in
relation to an infringement notice or penalty
notice under a relevant provision prescribed
by regulation 15 or 16 or an infringement
penalty in such a notice.
14. Continuing offence provision
For the purposes of the definition of
"continuing offence provision" in clause 2 of
Schedule 2A to the Act, the following
provisions are prescribed—
(a) section 50A of the Associations
Incorporation Act 1981;
(b) section 28 of the Business Names Act
1962;
(c) section 1314 of the Corporations Act.
15. Infringement notice
For the purposes of the definition of
"infringement notice" in clause 2 of
Schedule 2A to the Act, the following
provisions are prescribed—
(a) section 91 of the Conservation,
Forests and Lands Act 1987;
(b) section 41E of the Country Fire
Authority Act 1958;
(c) sections 23, 25, 26(1) and 36(2) of the
Domestic Building Contracts Act
1995;
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(d) sections 10(1), 10(2), 20, 21, 24(1),
24(2), 25(1) and 27(1) of the Domestic
(Feral and Nuisance) Animals Act
1994;
(e) section 166(1) of the Electoral Act
2002;
(f) sections 30, 32, 35(1), 35(3), 36(1), 37,
38, 43(2)(a), 43(2)(b), 43(4), 44(2),
44(3), 45(1), 45(2), 45(3), 45(4),
45A(1), 45A(3), 45B(4), 45B(9)(a),
45B(9)(b), 54, 57(2), 60(2), 68, 76(1),
77(1), 77(2), 77(3), 78, 83A(1), 83A(3),
83B(1), 104(3), 105(4), 114A(4),
115(1), 117(1) and 142(2) of the
Electricity Safety Act 1998;
(g) regulation 9(3) and 9(6) of the
Electricity Safety (Electric Line
Clearance) Regulations 2005 2 ;
(h) regulation 19(2) of the Electricity
Safety (Equipment) Regulations 19993 ;
(i) regulations 17(2), 20 and 21(3) of the
Electricity Safety (Equipment
Efficiency) Regulations 1999 4 ;
(j) regulations 208(2)(a), 208(2)(b),
208(3), 312, 313(2), 313(3), 314,
404(1), 409(2), 412(1), 413(1), 414(1),
414(2), 414(3), 438(1), 439, 440(1),
440(3), 441(1), 442(1), 443(1) and 444
of the Electricity Safety (Installations)
Regulations 1999 5 ;
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(k) regulations 6(4), 8(1), 8(2)(a), 8(2)(b),
9(1), 9(2), 9(3), 9(4), 36(a), 36(b),
36(c)(i), 36(c)(ii), 36(d)(i), 36(d)(ii),
36(e), 38, 40(1), 41, 42(1), 42(2)(a),
42(2)(b), 43(1), 44, 46(1), 46(2)(a),
46(2)(b) and 46(2)(c) of the Electricity
Safety (Network Assets) Regulations
19996 ;
(l) regulations 18(1), 18(2), 21 and 30(b)
of the Electricity Safety (Stray Current
Corrosion) Regulations 1999 7 ;
(m) section 63B of the Environment
Protection Act 1970;
(n) sections 40(2), 75(3), 87(5), 88, 97,
124(1), 124(2), 124(3) and 139 of the
Firearms Act 1996;
(o) sections 71(1), 71(3), 71B, 72(1), 72(2),
79B and 79C(1) of the Gas Safety Act
1997;
(p) clause 5 of Schedule 5 to the Housing
Act 1983;
(q) sections 29(1), 35, 36(2), 36(4), 38(1)
and 38(2) of the Introduction Agents
Act 1997;
(r) section 40 of the Local Government
Act 1989;
(s) section 18 of the Major Events (Crowd
Management) Act 2003;
(t) section 60 of the Marine Act 1988;
(u) section 92 of the Metropolitan Fire
Brigades Act 1958;
(v) section 106 of the Mineral Resources
Development Act 1990;
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(w) sections 20(1), 25(2), 27(3), 31B(1), 34,
35(2), 41(2)(b), 42(2)(a), 42(2)(b),
42A(1), 44, 52(1) and 52(6) of the
Motor Car Traders Act 1986 and
regulations 23(1), 24(1) and 24(2) of
the Motor Car Trader Regulations
1998 8 ;
(x) section 15A(2) of the Prevention of
Cruelty to Animals Act 1986 and
regulation 24(1) and (5) of the
Prevention of Cruelty to Animals
Regulations 1997 9 ;
(y) sections 87 and 88 of the Road Safety
Act 1986;
(z) section 18(1) of the Summary
Offences Act 1966;
(za) section 38 of the Tobacco Act 1987;
(zb) sections 7(1), 8(1), 28(1) (for
contravention of regulation 61(1)
or 63(1) of the Trade Measurement
Regulations 1995 10 for an offence
prescribed in Schedule 9 to those
regulations), 28(2) (for a contravention
of regulation 61(1) or 63(1) of the
Trade Measurement Regulations 1995
for an offence prescribed in Schedule 9
to those regulations) of the Trade
Measurement Act 1995 and
regulations 22, 48(2) (for non-
compliance with a direction under
regulation 48(1)(d)), 51(1)(e), 51(1)(f),
51(3)(a), 51(3)(b), 51(3)(c) and
51(3)(d) of the Trade Measurement
Regulations 1995;
(zc) section 212 of the Transport Act 1983.
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16. Penalty notice—prescribed offence
For the purposes of the definitions of
"penalty notice" and "prescribed offence" in
clause 2 of Schedule 2A to the Act, the
following provisions are prescribed—
(a) section 50B of the Associations
Incorporation Act 1981;
(b) section 28A of the Business Names
Act 1962; and
(c) section 1313 of the Corporations Act.
17. Courtesy letter costs
For the purposes of clause 3(2)(a) of
Schedule 2A to the Act, the prescribed costs
are 1⋅8 fee units.
18. Courtesy letter—section 87 of the Road
Safety Act 1986
(1) This regulation applies to a courtesy letter in
relation to an infringement notice that was
served in accordance with section 87 of the
Road Safety Act 1986 where the person
served was, at the time of the alleged
offence, the owner of the vehicle within the
meaning of Part 7 of that Act.
(2) For the purposes of clause 3(4) of
Schedule 2A to the Act, the following
information is prescribed in respect of a
courtesy letter to which this regulation
applies—
''If you were not in charge of the motor
vehicle at the time of the offence, you will
not be guilty if, within 28 days after service
of this letter, you give to the informant a
sworn statement in writing or a statutory
declaration setting out the name and address
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of the person who was in charge of the motor
vehicle at the relevant time.''.
19. Courtesy letter—section 88 of the Road
Safety Act 1986
(1) This regulation applies to a courtesy letter in
relation to an infringement notice that was
served in accordance with section 88 of the
Road Safety Act 1986 in respect of an
infringement detected by a detection device
prescribed for the purposes of section 66 of
that Act where the person served was, at the
time of the alleged offence, the owner of the
motor vehicle within the meaning of
section 66 of that Act.
(2) For the purposes of clause 3(4) of
Schedule 2A to the Act, the following
information is prescribed in respect of a
courtesy letter to which this regulation
applies—
''If you were not driving the motor vehicle at
the time of the offence, you will not be guilty
if, within 28 days after service of this letter,
you give to the informant a sworn statement
in writing or in a statutory declaration setting
out the name and address of the person who
was driving the motor vehicle at the relevant
time.''.
20. Minimum registrable amount
The amount specified for the purposes of
clause 5(4) of Schedule 2A to the Act is
$10.00.
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21. CAYPINS forms
(1) For the purposes of clause 5(1)(a) of
Schedule 2A to the Act, a document must be
in the form of and contain the details
required by Form 1 of Schedule 8.
(2) For the purposes of clause 5(1)(b) of
Schedule 2A to the Act, a certificate must be
in Form 2 of Schedule 8.
(3) For the purposes of clause 5(5) of
Schedule 2A to the Act, a notice must be in
Form 3 of Schedule 8.
(4) For the purposes of clause 7(2) of
Schedule 2A to the Act, the prescribed form
is Form 4 of Schedule 8.
(5) For the purposes of clause 8(6) of
Schedule 2A to the Act, a notice of
enforcement order must be in Form 5 of
Schedule 8.'.
6. Minor amendments
(1) In regulation 9 of the Principal Regulations, for
"Schedule 4" substitute "Schedule 5".
(2) In Schedule 4 to the Principal Regulations, for
"Regulations 8, 9" substitute "Regulation 8".
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7. Schedule 2 substituted
For Schedule 2 to the Principal Regulations
substitute—
"SCHEDULE 2
Regulation 6
PRESCRIBED REGIONS OF THE STATE
Alpine Shire Council Loddon Shire Council
Ararat Rural City Council Macedon Ranges Shire Council
Ballarat City Council Mansfield Shire Council
Bass Coast Shire Council Mildura Rural City Council
Baw Baw Shire Council Mitchell Shire Council
Benalla Rural City Council Moira Shire Council
Borough of Queenscliffe Moorabool Shire Council
Buloke Shire Council Mount Alexander Shire Council
Campaspe Shire Council Moyne Shire Council
Central Goldfields Shire Council Murrindindi Shire Council
Colac-Otway Shire Council Northern Grampians Shire Council
Corangamite Shire Council Pyrenees Shire Council
East Gippsland Shire Council South Gippsland Shire Council
Gannawarra Shire Council Southern Grampians Shire Council
Glenelg Shire Council Strathbogie Shire Council
Golden Plains Shire Council Surf Coast Shire Council
Greater Bendigo City Council Swan Hill Rural City Council
Greater Geelong City Council Towong Shire Council
Greater Shepparton City Council Wangaratta Rural City Council
Hepburn Shire Council Warrnambool City Council
Hindmarsh Shire Council Wellington Shire Council
Horsham Rural City Council West Wimmera Shire Council
Indigo Shire Council Wodonga City Council
Latrobe City Council Yarriambiack Shire Council
__________________ ".
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8. Schedule 3 substituted
For Schedule 3 to the Principal Regulations,
substitute—
"SCHEDULE 3
Regulation 7
PRESCRIBED REGIONS OF THE STATE
Alpine Shire Council Loddon Shire Council
Ararat Rural City Council Macedon Ranges Shire Council
Ballarat City Council Mansfield Shire Council
Bass Coast Shire Council Mildura Rural City Council
Baw Baw Shire Council Mitchell Shire Council
Benalla Rural City Council Moira Shire Council
Borough of Queenscliffe Moorabool Shire Council
Buloke Shire Council Mount Alexander Shire Council
Campaspe Shire Council Moyne Shire Council
Central Goldfields Shire Council Murrindindi Shire Council
Colac-Otway Shire Council Northern Grampians Shire Council
Corangamite Shire Council Pyrenees Shire Council
East Gippsland Shire Council South Gippsland Shire Council
Gannawarra Shire Council Southern Grampians Shire Council
Glenelg Shire Council Strathbogie Shire Council
Golden Plains Shire Council Surf Coast Shire Council
Greater Bendigo City Council Swan Hill Rural City Council
Greater Geelong City Council Towong Shire Council
Greater Shepparton City Council Wangaratta Rural City Council
Hepburn Shire Council Warrnambool City Council
Hindmarsh Shire Council Wellington Shire Council
Horsham Rural City Council West Wimmera Shire Council
Indigo Shire Council Wodonga City Council
Latrobe City Council Yarriambiack Shire Council
__________________ ".
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9. Amendments to Schedule 5
(1) In Schedule 5 to the Principal Regulations, for
Form 11 substitute—
"FORM 11
Children and Young Persons Act 1989
(sections 143, 146, 148, 155, l60, l65, l84)
NOTICE TO APPEAR BEFORE THE COURT—
CRIMINAL DIVISION
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
Details of the Sentencing Order
The order was made by the Children's Court at (location)
on (date)
The charges were filed by— (Full name of informant)
Agency and address—
Phone—
The sentencing order was:
*an Accountable Undertaking *a Good Behaviour Bond
*a Fine *Probation
*a Youth Supervision Order *a Youth Attendance Order
The *probation/*youth supervision order was made
pursuant to section 155(1)(d) of the Act.
Details of this notice
Reasons for service of this notice
Applicant's name—
Agency and address—
Phone—
Date—
(Signature)
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Details of the hearing
A hearing of this case will be held at a.m./p.m.
on at the Children's Court at
YOU MUST APPEAR BEFORE THE COURT AT THE
HEARING
IF THE ORDER WAS MADE AGAINST YOU, AND
YOU FAIL TO APPEAR BEFORE THE COURT, THE
COURT MAY ORDER THAT A WARRANT TO
ARREST YOU BE ISSUED
Issued at—
Date—
by Order of the Court
Registrar
*delete if not applicable
__________________".
(2) In Schedule 5 to the Principal Regulations, for
Form 13 substitute—
"FORM 13
Children and Young Persons Act 1989
(sections 155, 158, 159)
PROBATION ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date)
has found you guilty of:
You *were/*were not convicted.
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Details of the Order
The Court orders that you be placed on probation
for (period) until (end date).
*The order was made pursuant to section 155(1)(d) of the
Act.
*This probation order is *concurrent/*cumulative/*partly
cumulative upon other probation order(s) as follows:
The following conditions apply to your probation order
1. You must report to the Secretary to the Department of
Human Services within 2 working days after this order
is made.
2. You must report, during the period of the probation
order, to your assigned probation officer as required by
the probation officer.
3. You must not re-offend during the period of the
probation order.
4. You must not leave the State without the written
permission of the Secretary to the Department of
Human Services.
5. You must notify your assigned probation officer of any
change of residence, school or employment within
48 hours after the change.
6. You must obey the reasonable and lawful instructions of
your assigned probation officer.
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________".
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(3) In Schedule 5 to the Principal Regulations, for
Form 15 substitute—
"FORM 15
Children and Young Persons Act 1989
(sections 155, 163, 164)
YOUTH SUPERVISION ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date)
has found you guilty of:
You *were/*were not convicted.
Details of the Order
The Court orders that you be placed on a youth supervision
order for (period) until (end date).
*The order was made pursuant to section 155(1)(d) of the
Act.
*This youth supervision order is *concurrent/*cumulative/
*partly cumulative upon other youth supervision order(s) as
follows:
The following conditions apply to your youth supervision
order
1. You must report to the Secretary to the Department of
Human Services within 2 working days after this order
is made.
2. You must report, during the period of the youth
supervision order, to the Secretary to the Department of
Human Services as required by the Secretary.
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3. You must not re-offend during the period of the youth
supervision order.
4. You must not leave the State without the written
permission of the Secretary to the Department of
Human Services.
5. You must notify the Secretary to the Department of
Human Services of any change of residence, school or
employment within 48 hours after the change.
6. You must attend a youth supervision unit or any other
place specified in the youth supervision order.
7. You must participate in a community service program
or any other program, if so directed by the Secretary to
the Department of Human Services.
8. You must obey the reasonable and lawful instructions of
the Secretary to the Department of Human Services.
NOTE: Any reference to the Secretary to the Department
of Human Services is to be taken as a reference to
one of his or her delegated officers
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________ ".
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(4) In Schedule 5 to the Principal Regulations, for
Form 16 substitute—
"FORM 16
Children and Young Persons Act 1989
(sections 170, 172)
YOUTH ATTENDANCE ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date)
has convicted you of:
and makes a youth attendance order in respect of you
for (period) until (end date).
*This youth attendance order is *concurrent/*cumulative/
*partly cumulative upon other youth attendance order(s) as
follows:
Details of the Order
1. You must report to the Secretary to the Department of
Human Services within 2 working days after this order
is made.
2. You must not commit another offence during the period
that the order is in force.
3. You must attend at a youth supervision unit
for (period) until (end date).
4. You must not leave the State without the written
permission of the Secretary.
5. You must notify the Secretary of any change of
residence, school or employment within 48 hours after
the change.
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6. You must comply with the provisions of a notice from
the Secretary under section 177 of the Act requiring you
to attend a youth supervision unit or a notice varying the
details of your attendance.
7. You must comply with the requirements for attendance
of section 177(1)(a) and (b) of the Act.
8. You must attend at any alternative day and time fixed
by the Secretary under section 177(5) of the Act or
attend for any extension of the term of the order as fixed
by the Secretary under section 177(6) of the Act.
9. You must carry out the reasonable and lawful directions
of the Secretary or any person acting under the authority
of the Secretary under sections 182 and 183(1) of the
Act.
NOTE: Any reference to the Secretary to the Department
of Human Services is to be taken as a reference to
one of his or her delegated officers.
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________".
(5) In Schedule 5 to the Principal Regulations,
Form 20 is revoked.
10. New Schedules 6 to 8 inserted
After Schedule 5 to the Principal Regulations
insert—
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"__________________
SCHEDULE 6
Regulation 12
SPECIFIED AGENCIES FOR THE PURPOSES OF
SECTION 260B OF THE ACT
1. Members of the police force of Victoria.
2. The Licensing Services Division within the police force of
Victoria.
3. A Council within the meaning of the Local Government
Act 1989.
4. A Department or Administrative Office within the meaning
of the Public Administration Act 2004.
5. Each of the following administrative units or groups within
the Department of Infrastructure—
(a) Marine Safety Victoria;
(b) Victorian Tow Truck Directorate;
(c) Victorian Taxi Directorate.
6. The administrative unit or group within the Department of
Justice known as Consumer Affairs Victoria.
7. An institution specified in Schedule 1 to the Tertiary
Education Act 1993.
8. The college affiliated to the University of Melbourne known
as Queen's College.
9. A body that is a TAFE college within the meaning of the
Vocational Education and Training Act 1990 or an
administrative unit that is the TAFE division of a university
with a TAFE division within the meaning of that Act.
10. A Board within the meaning of the Alpine Resorts
(Management) Act 1997.
11. The Alpine Resorts Co-ordinating Council established under
Part 3 of the Alpine Resorts (Management) Act 1997.
12. A port corporation within the meaning of the Port Services
Act 1995.
13. The local authority within the meaning of the Marine Act
1988 known as Gippsland Ports.
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14. VicUrban—Victorian Urban Development Authority.
15. Melbourne Market Authority.
16. Office of the Chief Electrical Inspector.
17. Office of Gas Safety.
18. Parks Victoria.
19. Roads Corporation.
20. The House Committee within the meaning of the
Parliamentary Committees Act 2003.
21. Victorian Arts Centre Trust.
22. Victorian College of the Arts.
23. Victorian WorkCover Authority.
24. A hospital listed in Schedule 1, 2 or 3 to the Health
Services Act 1988.
__________________
SCHEDULE 7
Regulation 13
ENFORCEMENT AGENCIES
1. Members of the police force of Victoria.
2. The Licensing Services Division within the police force of
Victoria.
3. A Council within the meaning of the Local Government
Act 1989.
4. A Department or Administrative Office within the meaning
of the Public Administration Act 2004.
5. Each of the following administrative units or groups within
the Department of Infrastructure—
(a) Marine Safety Victoria;
(b) Victorian Tow Truck Directorate;
(c) Victorian Taxi Directorate.
6. The administrative unit or group within the Department of
Justice known as Consumer Affairs Victoria.
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7. An institution specified in Schedule 1 to the Tertiary
Education Act 1993.
8. The college affiliated to the University of Melbourne known
as Queen's College.
9. A body that is a TAFE college within the meaning of the
Vocational Education and Training Act 1990 or an
administrative unit that is the TAFE division of a university
with a TAFE division within the meaning of that Act.
10. A Board within the meaning of the Alpine Resorts
(Management) Act 1997.
11. The Alpine Resorts Co-ordinating Council established under
Part 3 of the Alpine Resorts (Management) Act 1997.
12. A port corporation within the meaning of the Port Services
Act 1995.
13. The local authority within the meaning of the Marine Act
1988 known as Gippsland Ports.
14. VicUrban—Victorian Urban Development Authority.
15. Melbourne Market Authority.
16. Office of the Chief Electrical Inspector.
17. Office of Gas Safety.
18. Parks Victoria.
19. Roads Corporation.
20. The House Committee within the meaning of the
Parliamentary Committees Act 2003.
21. Victorian Arts Centre Trust.
22. Victorian College of the Arts.
23. Victorian WorkCover Authority.
24. A hospital listed in Schedule 1, 2 or 3 to the Health
Services Act 1988.
__________________
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SCHEDULE 8
CAYPINS FORMS
FORMS
FORM 1
Regulation 21(1)
Children and Young Persons Act 1989
(Schedule 2A clause 5(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 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:
VEHICLE DETAILS (if relevant)
Registration Number: State of Issue (Registration):
*Licence/*Permit Number:
State of Issue (*Licence/*Permit):
Vehicle Class:
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ENFORCEMENT AGENCY DETAILS
Informant's Name:
Agency:
Address:
PENALTY/INSTALMENT DETAILS
The original infringement amount 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 Agency (whether or not pursuant to an instalment
arrangement), plus any prescribed costs.)
*delete if not applicable.
NOTES:
• this form can be replicated for each additional
penalty/instalment.
• clause 14 of Schedule 2A to the Children and Young
Persons Act 1989 provides that Part 2 of Schedule 2A
applies, with any necessary modifications, to Penalty
Notices.
_____________________
FORM 2
Regulation 21(2)
Children and Young Persons Act 1989
(Schedule 2A clause 5(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
referred to in the document provided under clause 5(1)(a) of
Schedule 2A to the Children and Young Persons Act 1989
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—
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(a) an infringement notice has been served on the child;
(b) a courtesy letter 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
courtesy letter was served;
(d) the infringement penalty and any prescribed costs had
not been paid before this certificate was issued;
(e) the child entered into an arrangement to pay the
infringement penalty and any prescribed costs by
instalments—
(i) the child has failed to comply with the
arrangement; and
(ii) a specified amount still remains to be paid
under the arrangement;
(f) the child has not, under clause 3(7) of Schedule 2A to
the Children and Young Persons Act 1989 declined
to be dealt with under Part 2 of Schedule 2A to that
Act;
(g) a charge in relation to the offence has not been filed;
(h) a charge may still be filed in relation to the offence,
having regard to the time when the offence is alleged
to have been committed;
(i) 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—
(i) the owner of the vehicle within the meaning of
Part 7 of that Act; or
(ii) the person in charge of the vehicle as shown in
a statement or declaration supplied in
accordance with section 86(3)(a), (aab) or (ab)
of that Act;
(j) if the infringement notice was issued in respect of an
offence to which section 66 of the Road Safety Act
1986 applies, the child was at the time of the alleged
offence—
(i) the owner of the motor vehicle within the
meaning of section 66 of that Act; or
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(ii) the driver of the motor vehicle as shown in a
statement or declaration supplied in accordance
with section 66(3)(a), (aab) or (ab) of that Act;
(k) if the infringement notice was issued in respect of an
offence against section 73(1) of the Melbourne City
Link Act 1995, the child was at the time of the
alleged offence—
(i) the owner of the vehicle within the meaning of
Part 4 of that Act; or
(ii) the driver of the vehicle as shown in a
statement or declaration supplied in accordance
with section 87(3)(a), (aab) or (ab) of that Act;
(l) if the infringement notice was issued in respect of an
offence under section 204 of the Mitcham–
Frankston Project Act 2004, the child was at the
time of the trip to which the alleged offence relates—
(i) the owner of the vehicle within the meaning of
that Act; or
(ii) the driver of the vehicle as shown in a
statement supplied under section 199 or 219 of
that Act.
I also certify that all money received in part payment was
appropriated to the infringement penalty and received as a
consequence of the child against whom the infringement
was issued entering into an agreement with the Enforcement
Agency to pay by instalments.
Signed on behalf of the Enforcement Agency by:
Appropriate Officer:
Print Name:
Date:
*delete if not applicable.
NOTE: Clause 14 of Schedule 2A to the Children and
Young Persons Act 1989 provides that Part 2 of
Schedule 2A applies, with any necessary
modifications, to Penalty Notices.
_______________________
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FORM 3
Regulation 21(3)
Children and Young Persons Act 1989
(Schedule 2A clause 5(5))
NON-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 not
register the infringement penalty identified by this form.
Signed on behalf of the
enforcement agency by:
Name:
Date:
_______________________
FORM 4
Regulation 21(4)
Children and Young Persons Act 1989
(Schedule 2A clause 7(2))
APPLICATION FOR ORDER THAT
PAYMENT OF FINE
NOT BE ENFORCED
Registration No.:
Date of registration:
Child's name:
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Date of birth:
Address:
Description of offence:
Place of offence:
Date of offence:
Enforcement agency:
Amount registered: $
I, [Name of child], apply to the Registrar of the Children's
Court of Victoria for an order that payment of the above fine
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 2A to
the Children and Young Persons Act 1989 will be
provided to the enforcement agency that issued the
infringement notice if an order is made that payment of the
above fine not be enforced.
Signed:
Name:
Date:
NOTE: Clause 14 of Schedule 2A to the Children and
Young Persons Act 1989 provides that Part 2 of
Schedule 2A applies, with any necessary
modifications, to Penalty Notices.
*delete if not applicable.
____________________
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FORM 5
Regulation 21(5)
Children and Young Persons Act 1989
(Schedule 2A clause 8(6))
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
Informant's Name:
Agency:
Address:
DETAILS OF ORDER
On [date] , at [venue] the following orders were
made:
Dated:
for Registrar
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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.
NOTE
1. You may apply to the registrar of the Children's
Court at for one or more of the following:
(a) an order that the time within which the
fine is to be paid be extended; or
(b) an order that the fine be paid by
instalments; or
(c) an order for the variation of an instalment
order; or
(d) an order that payment of the fine not be
enforced.
(1) 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.
(2) If this order is that payment of the fine not be
enforced, the enforcement agency listed on this
notice has 14 days after the date of this notice to
apply to the Court for a review of the registrar's
order.
(3) If this order relates to a traffic infringement
within the meaning of the Road Safety Act
1986, it does not prevent the incurring of
demerit points under section 25 of that Act in
relation to that infringement.
If you do not understand this document, you should
immediately have it interpreted and explained to you. You
may get advice from:
A registrar of the Children's Court [insert address and
telephone number]
Your local solicitor
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Victoria Legal Aid [insert address and telephone number]
*delete if not applicable.
NOTE: Clause 14 of Schedule 2A provides that Part 2 of
Schedule 2A applies, with any necessary
modifications, to Penalty Notices.".
11. Amendment of Road Safety (Drivers) Regulations
1999
In regulation 301(3)(d) of the Road Safety
(Drivers) Regulations 199911 , after "Magistrates
Court Act 1989" insert "or Schedule 2A to the
Children and Young Persons Act 1989".
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ENDNOTES
1 Reg. 3: S.R. No. 88/2001.
2 Reg. 5 (in proposed reg. 15(g)): S.R. No. 74/2005.
3 Reg. 5 (in proposed reg. 15(h)): S.R. No. 47/1999.
4 Reg. 5 (in proposed reg. 15(i)): S.R. No. 48/1999.
5 Reg. 5 (in proposed reg. 15(j)): S.R. No. 49/1999.
6 Reg. 5 (in proposed reg. 15(k)): S.R. No. 141/1999.
7 Reg. 5 (in proposed reg. 15(l)): S.R. No. 50/1999.
8 Reg. 5 (in proposed reg. 15(w)): S.R. No. 56/1998.
9 Reg. 5 (in proposed reg. 15(x)): S.R. No. 159/1997.
10 Reg. 5 (in proposed reg. 15(zb)): S.R. No. 194/1995.
11 Reg. 11: S.R. No. 26/1999. Reprint No. 2 as at 15 December 2002.
Reprinted to S.R. No. 115/2002. Subsequently amended by
S.R. Nos 45/2003, 136/2003, 48/2004, 50/2004, 55/2004, 85/2004,
88/2004, 158/2004 and 45/2005.
Endnotes
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