Children and Young Persons (General) Regulations 2001

i Children and Young Persons (General) Regulations 2001 S.R. No. 89/2001 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Revocation 2 5. Definitions 2 PART 2—PROTECTIVE SERVICES 3 6. Information relating to the taking of children into safe custody 3 7. Notice of direction given by the Secretary 3 8. Matters to be considered by a court in making a permanent care order 3 PART 3—CORRECTIVE SERVICES 5 9. Certificate of attendance at a youth supervision unit 5 10. Notice of required attendance at a youth attendance project 5 11. Notice of suspension of service of youth attendance order 5 12. Articles or things seized during a search 5 13. Particulars of use of isolation to be recorded in register 5 14. Article or thing not allowed in centres or units 6 15. Remission of sentences 6 PART 4—YOUTH PAROLE 7 16. Terms and conditions of a youth parole order 7 17. Warrant to apprehend and return parolee to a youth residential centre or youth training centre 7 PART 5—MISCELLANEOUS 8 18. Period within which the Youth Residential Board and Youth Parole Board must submit their annual reports 8 __________________ -- 1 of 23 -- Regulation Page ii SCHEDULES 9 SCHEDULE 1—Revoked regulations 9 SCHEDULE 2—Notice of direction 10 SCHEDULE 3—Certificate of attendance at youth supervision unit 11 SCHEDULE 4—Notice of required attendance at a youth attendance project 12 SCHEDULE 5—Notice of suspension of service of youth attendance order 14 SCHEDULE 6—Seized articles and things 16 SCHEDULE 7—Warrant for apprehension and return to *youth residential centre/youth training centre 20 ═══════════════ -- 2 of 23 -- 1 STATUTORY RULES 2001 S.R. No. 89/2001 Children and Young Persons Act 1989 Children and Young Persons (General) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 11 September 2001 Responsible Minister: CHRISTINE CAMPBELL Minister for Community Services HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The main objectives of these Regulations are to prescribe— (a) certain information and matters relating to the custody and guardianship of children; and (b) the terms and conditions to be included in youth parole orders; and (c) the particulars to be recorded when a person detained in a remand centre, youth residential centre and youth training centre is locked in isolation; and (d) the manner in which searches are to be conducted in remand centres, youth -- 3 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 2 residential centres and youth training centres, and the manner of dealing with articles or things seized; and (e) certain forms and notices. 2. Authorising provision These Regulations are made under section 280 of the Children and Young Persons Act 1989. 3. Commencement These Regulations come into operation on 17 September 2001. 4. Revocation The Regulations set out in Schedule 1 are revoked. 5. Definitions In these Regulations— "parolee" means a person granted or released on parole by the Youth Residential Board or Youth Parole Board; "the Act" means the Children and Young Persons Act 1989. _______________ r. 2 -- 4 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 3 PART 2—PROTECTIVE SERVICES 6. Information relating to the taking of children into safe custody For the purposes of section 69(3) of the Act, the prescribed information is— (a) the name, work address, work telephone number and position title of the protective intervener; (b) the section of the Act under which the child is taken into safe custody; (c) the name and telephone number of a person who can advise of the child's wellbeing while in safe custody; (d) the time, date and location of the initial Court hearing or hearing before a bail justice; (e) the address and telephone number of Victoria Legal Aid and how the parents, or child taken into safe custody, may apply for legal assistance. 7. Notice of direction given by the Secretary For the purposes of section 93(2) of the Act, the prescribed form of notice is set out in Schedule 2. 8. Matters to be considered by a court in making a permanent care order For the purposes of section 112(1)(c)(i) of the Act, the prescribed matters are— (a) the personality, age, health, marital and family relationships, emotional maturity, financial circumstances and general stability of character of each person named in the r. 6 -- 5 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 4 application as suitable to have custody and guardianship of the child; and (b) the capacity of each person so named in the application to provide a secure and beneficial, emotional and physical environment for the child's upbringing until the child reaches social and emotional independence; and (c) if a person so named in the application had the care of the child before applying to the Court, the ability of that person to provide such an environment for the child; and (d) the compatibility between the religion, race or ethnic background of each person so named in the application and the child; and (e) the understanding by each person so named in the application of the importance of access by the child's parents and exchange of information concerning the child. _______________ r. 8 -- 6 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 5 PART 3—CORRECTIVE SERVICES 9. Certificate of attendance at a youth supervision unit For the purposes of section 165(2)(a) of the Act, the prescribed form of certificate is set out in Schedule 3. 10. Notice of required attendance at a youth attendance project For the purposes of section 177(2) of the Act, the prescribed form of notice is set out in Schedule 4. 11. Notice of suspension of service of youth attendance order For the purposes of section 178 of the Act, the prescribed form of notice is set out in Schedule 5. 12. Articles or things seized during a search (1) A search under section 256A of the Act must be conducted in accordance with Schedule 6. (2) If— (a) a search is conducted under section 256A(2) of the Act; and (b) an article or thing of a kind referred to in section 256A(3) of the Act is seized under that section— the article or thing is to be dealt with in accordance with Schedule 6. 13. Particulars of use of isolation to be recorded in register For the purposes of section 256C(6) of the Act, the prescribed particulars are— (a) the name of the person isolated; (b) the time and date isolation commenced; r. 9 -- 7 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 6 (c) the reason why the person was isolated; (d) the authorising officer's name and position; (e) the frequency and nature of staff supervision; (f) the behaviour of the person while in isolation; (g) the time and date of release from isolation. 14. Article or thing not allowed in centres or units For the purposes of section 270(1)(b) of the Act, money is a thing not allowed. 15. Remission of sentences (1) Where a person undergoing detention either— (a) in a youth residential centre is determined by the Youth Residential Board to be ineligible for parole from a youth residential centre; or (b) in a youth training centre is determined by the Youth Parole Board to be ineligible for parole from a youth training centre— that person, subject to his or her satisfactory behaviour in custody at the centre, is eligible for remission of his or her period of detention. (2) A period of remission must not exceed one-third of the period of detention imposed by a court. _______________ r. 14 -- 8 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 7 PART 4—YOUTH PAROLE 16. Terms and conditions of a youth parole order For the purposes of sections 227(4) and 231(4) of the Act, the prescribed terms and conditions are— (a) the parolee must not break any law; (b) the parolee must be supervised by a parole officer; (c) the parolee must obey any lawful instructions of his or her parole officer; (d) the parolee must report as and when reasonably directed by his or her parole officer; (e) the parolee may be interviewed by his or her parole officer at any reasonable time and place that the parole officer directs; (f) the parolee must advise his or her parole officer within 2 days after the change if the parolee changes his or her address; (g) the parolee must not leave Victoria without the written permission of his or her parole officer, which permission must not be unreasonably withheld. 17. Warrant to apprehend and return parolee to a youth residential centre or youth training centre For the purposes of sections 229(5) and 233(5) of the Act, the prescribed form is the form of Schedule 7. _______________ r. 16 -- 9 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 8 PART 5—MISCELLANEOUS 18. Period within which the Youth Residential Board and Youth Parole Board must submit their annual reports For the purposes of sections 214(1) and 225(1) of the Act, the prescribed period is 1 July to 31 October each year. __________________ r. 18 -- 10 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 9 SCHEDULES SCHEDULE 1 Regulation 4 REVOKED REGULATIONS S.R. No. Title 166/1991 Children and Young Persons General Regulations 1991 303/1991 Children and Young Persons (Custody and Guardianship) Regulations 1991 187/1994 Children and Young Persons General (Amendment) Regulations 1994 92/1995 Children and Young Persons General (Amendment) Regulations 1995 150/1996 Children and Young Persons General (Police Gaols) Regulations 1996 _______________ Sch. 1 -- 11 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 10 SCHEDULE 2 Regulation 7 Children and Young Persons Act 1989—section 93(2) NOTICE OF DIRECTION I, (insert name of Secretary), the Secretary to the Department of Human Services, in consideration of the interests or welfare of (insert name of child) direct under section 93(2) of the Children and Young Persons Act 1989, (name of child or parent of the child or person with whom the child is living) to: (insert directions). Signature of Secretary Date: _______________ Sch. 2 -- 12 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 11 SCHEDULE 3 Regulation 9 Children and Young Persons Act 1989—section 165(2)(a) CERTIFICATE OF ATTENDANCE AT YOUTH SUPERVISION UNIT To: the Secretary Full name of person: Address of person: Youth Supervision Order made on: (insert date) Order made by: (insert sentencing court) Length of term of order: Special conditions of order: Required attendances in each week: (state number) Required hours of attendance in each week: (state number) DATE OF EXCUSED TIME MADE UP Attendance/Non-attendance Yes/No Yes/No Name of supervisor Signature of supervisor Date: _______________ Sch. 3 -- 13 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 12 SCHEDULE 4 Regulation 10 Children and Young Persons Act 1989—section 177(2) NOTICE OF REQUIRED ATTENDANCE AT A YOUTH ATTENDANCE PROJECT To: (insert full name of person) of (insert full address of person) You are required to attend the (insert name) Youth Attendance Project at (insert address and telephone number) for (insert number of hours) from am/pm (starting time) to am/pm (finishing time) each (insert day of the week) for (insert number of hours) from am/pm (starting time) to am/pm (finishing time) each (insert day of the week) for (insert number of hours) from am/pm (starting time) to am/pm (finishing time) each (insert day of the week) for a total of (insert number of hours per week—maximum 10 hours) Sch. 4 -- 14 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 13 commencing on (insert date) Date: Name and signature of relevant manager or responsible officer _______________ Sch. 4 -- 15 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 14 SCHEDULE 5 Regulation 11 Children and Young Persons Act 1989—section 178 NOTICE OF SUSPENSION OF SERVICE OF YOUTH ATTENDANCE ORDER To: (insert full name of person) of (insert address of person) On (insert date of sentencing), at the (insert name and address of court), you were placed on a youth attendance order for a period of (insert number) weeks at (insert name of youth attendance project). A special condition of this order is that: (insert condition if any) Since you are currently in custody in (insert name of prison/remand centre/youth training centre/youth residential centre) the service of your youth attendance order has been suspended under section 178 of the Children and Young Persons Act 1989. Your order is due to recommence on (insert date and time) when you must report to: (insert name of relevant manager or responsible officer, including address and telephone number) Your order is now due to be completed on (insert date) Name and Signature of Secretary Date: Important Sch. 5 -- 16 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 15 If you do not report as required by this notice, you may be taken back to court for breach of the youth attendance order. _______________ Sch. 5 -- 17 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 16 SCHEDULE 6 Regulation 12 Children and Young Persons Act 1989—section 256A SEIZED ARTICLES AND THINGS 1. Definitions In this Schedule— "centre" means a remand centre, youth residential centre or youth training centre; "drug" means— (a) a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or (b) any other form of drug not lawfully in the possession of the person; "officer in charge" means the officer in charge (however titled) of the relevant centre; "weapon" means firearm, offensive weapon or other article which is capable of being used as a weapon. 2. Searches (1) The officer in charge of a centre must ensure that a person is only searched by an officer or officers of the same sex. (2) A search must not include an intrusive search of body cavities. 3. Seizure Register (1) The officer in charge must establish and maintain a Seizure Register. (2) If an article or thing is seized during a search, the officer in charge must ensure that the following information is entered in the Seizure Register— (a) the name of the person from whom the article or thing was seized (if known); (b) the date and time of the seizure; Sch. 6 -- 18 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 17 (c) a description of the article or thing seized; (d) details of the discovery of the article or thing; (e) the name and signature of the person who seized the article or thing; (f) details of the manner in which the article or thing was dealt with. 4. Procedure subsequent to seizure (1) If an article or thing is seized at a centre (except a weapon, an explosive substance, a drug or any other article or thing which is suspected of being stolen, or used in, or obtained as the result of, the commission of an offence), the officer in charge must ensure that— (a) if the article or thing may be used in legal proceedings— (i) the article or thing is held securely until the end of those proceedings (if any) or until the article or thing is handed to a member of the police force; and (ii) the person from whom the article or thing was seized is informed whether or not it will be returned to the owner; and (iii) if the owner's name and address is known, the owner is informed whether or not the article or thing will be returned to him or her; and (iv) the article or thing is dealt with in accordance with clause 5; or (b) if the article or thing is not to be used in legal proceedings— (i) the person from whom the article or thing was seized is informed whether or not it will be returned to the owner; and (ii) if the owner's name and address is known, the owner is informed whether or not the article or thing will be returned to him or her; and (iii) the article or thing is dealt with in accordance with clause 5. (2) If— Sch. 6 -- 19 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 18 (a) a weapon; or (b) an explosive substance; or (c) a drug; or (d) any other article or thing which the person carrying out the search suspects— (i) is stolen; or (ii) has been used in, or obtained as the result of, the commission of an offence— is seized, that weapon, explosive substance, drug, article or thing must be handed to a member of the police force. (3) A weapon, explosive substance, drug, or other article or thing to which this clause applies is forfeited to the Crown. (4) If money is seized, and that money is not suspected of being stolen, or used in, or obtained as the result of, the commission of an offence, the money must be returned to the person from whom it was seized when he or she is released from the centre. 5. Manner of dealing with seized articles or things Unless clause 4(4) applies, the officer in charge may direct which one or more of the following methods is to be used in dealing with an article or thing seized at a centre— (a) disposal of the article or thing; or (b) return of the article or thing; or (c) dismantling the article or thing; or (d) dealing with the article or thing in a manner that is appropriate having regard to the nature of the article or thing and the circumstances under which it was seized. 6. Disposal (1) The officer in charge must ensure that at least two officers carry out the disposal of an article or thing. (2) The officer in charge must ensure that, if an article or thing is disposed of, the following details are recorded in the Seizure Register— (i) the date, time and manner of disposal; Sch. 6 -- 20 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 19 (ii) the name and position of the authorising officer; (iii) names and signatures of the persons carrying out the disposal. _______________ Sch. 6 -- 21 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 20 SCHEDULE 7 Regulation 17 Children and Young Persons Act 1989—sections 229(5) and 233(5) WARRANT FOR APPREHENSION AND RETURN TO *YOUTH RESIDENTIAL CENTRE/YOUTH TRAINING CENTRE Officer details: To: (insert name of member of the police force or other officer to be authorised) Title of/position held by officer: Parolee details: Surname of parolee: Given names of parolee: Date of birth: Convicted of: (insert conviction) The parolee was released on parole on (insert date) by an order of the *Youth Residential Board/Youth Parole Board dated (insert date). The *Youth Residential Board/Youth Parole Board on (insert date) cancelled the parole. You are authorised by this warrant to apprehend and return the parolee to the officer in charge of the *youth residential centre/youth training centre at (insert address). Sch. 7 -- 22 of 23 -- S.R. No. 89/2001 Children and Young Persons (General) Regulations 2001 21 Signed: (*Secretary to/member of the *Youth Residential Board/Youth Parole Board/ *Magistrate) Date: * delete whichever does not apply. ═══════════════ Sch. 7 -- 23 of 23 --