{"id":"nsw:act-1987-056","name":"Children (Community Service Orders) Act 1987","slug":"children-community-service-orders-act-1987","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"56 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107333,"registerId":"nsw-act-1987-056-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > assigned officer, in relation to a children’s community service order, means the officer or other person for the time being assigned by the Secretary under section 16 in respect of the administration of the order, or the person exercising or performing, in accordance with the regulations, the powers, authorities, duties and functions of the officer or person so assigned.\n> > \n> > authorised justice means—\n> > \n> > > (a) a Judge of the Local Court or a Children’s Judge within the meaning of the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053), or\n> > \n> > > (b) an authorised officer within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).\n> > \n> > > (c) (Repealed)\n> > \n> > child means a person who is under the age of 18 years.\n> > \n> > children’s community service order means a community service order made under section 5 or a community service order made under section 79 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) in respect of a person to which this Act applies.\n> > \n> > Children’s Court means the Children’s Court of New South Wales constituted by the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053).\n> > \n> > community service work means any unpaid work, service or activity approved by the Minister, or of a class or description approved by the Minister, and includes any personal development, educational or other program of a class or description approved by the Minister.\n> > \n> > Department means the Department of Justice.\n> > \n> > graffiti offence means an offence under the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100).\n> > \n> > officer means a person employed in Juvenile Justice NSW, Department of Justice.\n> > \n> > perform community service work includes participate in any personal development, educational or other program that is community service work.\n> > \n> > regulation means a regulation made under this Act.\n> > \n> > relevant maximum period, in relation to a children’s community service order, means the period of 12 months commencing on the date on which the order was made or, if that period is extended pursuant to section 20A or by another court order, that period as so extended.\n> > \n> > required number of hours, in relation to a children’s community service order, means the number of hours of community service work that the person to whom the order relates is required by the order to perform.\n> > \n> > Secretary means the Secretary of the Department.\n> > \n> > supervisor means a person appointed pursuant to the regulations to supervise the performance of community service work by persons in respect of whom children’s community service orders are in force.\n> \n> > (2) (Repealed)\n> \n> **s 3:** Am 1987 No 265, Sch 1 (1); 1989 No 196, Sch 3 (1); 1996 No 99, Sch 2.2 \\[1\\] \\[2\\]; 1999 No 85, Sch 2.4; 1999 No 94, Sch 4.81; 2001 No 117, Sch 1 \\[1\\]; 2001 No 121, Sch 2.37 \\[1\\]; 2008 No 54, Sch 2.1 \\[1\\]; 2012 No 57, Sch 1.1 \\[1\\]; 2013 No 1, Sch 1.3 \\[1\\]; 2015 No 58, Sch 3.16 \\[2\\] \\[3\\]; 2018 No 29, Sch 2.1; 2024 No 81, Sch 2\\[1\\]; 2025 No 61, Sch 2.7\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n4 Application\n\n> This Act applies to a person—\n> \n> > (a) who has pleaded guilty to an offence in, or has been found guilty or convicted of an offence by, a court,\n> \n> > (b) who was a child when the offence was committed, and\n> \n> > (c) who was under the age of 21 years when charged before the court with the offence.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Making of children’s community service orders by courts","content":"# Part 2 Making of children’s community service orders by courts\n\nPart 2 Making of children’s community service orders by courts\n\n**pt 2, hdg:** Am 1996 No 99, Sch 2.2 \\[3\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Making of children’s community service orders","content":"#### 5 Making of children’s community service orders\n\n5 Making of children’s community service orders\n\n> > (1) If, in dealing with a person to whom this Act applies, a court would, but for this section—\n> > \n> > > (a) make an order imposing a sentence of imprisonment on the person, or\n> > \n> > > (b) make an order under section 33 (1) (g) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) in respect of the person,\n> > \n> > the court may, instead of making that order, make an order requiring the person to perform community service work.\n> \n> > (1A) An order under this section in respect of a person who has pleaded guilty to, or been found guilty or convicted of, an offence other than a graffiti offence may recommend that the community service work to be performed by the person in respect of whom the order is made should include—\n> > \n> > > (a) the removal of graffiti from buildings, vehicles, vessels and places, and\n> > \n> > > (b) the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.\n> > \n> > Note.\n> > \n> > See section 11 (3) in relation to community service orders in relation to graffiti offences.\n> \n> > (1B) An order under this section may recommend that the community service work to be performed by the person in respect of whom the order is made should include participation in a personal development, educational or other program.\n> \n> > (2) A court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) shall not exercise its powers under this section otherwise than in accordance with the provisions of that Division.\n> \n> > (3) A court, other than a court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), shall not exercise its powers under this section in relation to an offence if it has given or made, or proposes to give or make, a direction or order under Division 3 of Part 2 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in relation to the same offence.\n> \n> **s 5:** Am 1994 No 90, Sch 3 (1); 1999 No 94, Sch 4.3; 2008 No 54, Sch 2.1 \\[2\\]; 2012 No 57, Sch 1.1 \\[2\\] \\[3\\].","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":null,"content":"#### 5A\n\n5A (Repealed)","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Explanation of nature and effect of proposed children’s community service orders","content":"#### 6 Explanation of nature and effect of proposed children’s community service orders\n\n6 Explanation of nature and effect of proposed children’s community service orders\n\n> If a court proposes to make a children’s community service order in respect of a person, it shall, before making the order, explain or cause to be explained to the person, in language likely to be readily understood by the person—\n> \n> > (a) the purpose and effect of the proposed order,\n> \n> > (b) the consequences that may follow if the person fails to comply with the proposed order or any requirement made by or under this Act in respect of the proposed order, and\n> \n> > (c) that the proposed order may be amended or revoked.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7, 8 (Repealed)","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Children’s community service orders not to be made by court unless work is available","content":"#### 9 Children’s community service orders not to be made by court unless work is available\n\n9 Children’s community service orders not to be made by court unless work is available\n\n> A court shall not exercise its powers under section 5 in respect of a person unless—\n> \n> > (a) the court has been notified by an officer, in person or by writing, that arrangements exist for persons who reside in the area in which the person resides or intends to reside to perform community service work under a children’s community service order, and\n> \n> > (b) the court is satisfied (after considering a report from an officer about the person and the person’s circumstances and, if it thinks necessary, after hearing evidence from an officer) that—\n> > \n> > > (i) the person is a suitable person and is sufficiently mature to perform community service work under a children’s community service order, and\n> > \n> > > (ii) if such an order is made, community service work can be provided for the person under the arrangements referred to in paragraph (a).\n> \n> **s 9:** Am 1988 No 9, Sch 1 (4).","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":null,"content":"#### 9A\n\n9A (Repealed)","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Children’s community service orders may run concurrently","content":"#### 10 Children’s community service orders may run concurrently\n\n10 Children’s community service orders may run concurrently\n\n> More than one children’s community service order may be made by one or more courts in respect of the same person so as to be in force at the same time.\n> \n> **s 10:** Am 1987 No 265, Sch 1 (4); 1989 No 196, Sch 3 (3); 1996 No 99, Sch 2.2 \\[5\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Conditions of children’s community service order","content":"#### 11 Conditions of children’s community service order\n\n11 Conditions of children’s community service order\n\n> > (1) When a children’s community service order is made, the court making the order may specify in the order conditions, not inconsistent with this Act or the regulations, to be complied with by the person in respect of whom the order is made while the order remains in force.\n> \n> > (2) This section extends to children’s community service orders made under the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> > (3) Except as provided by subsection (4), a community service order in respect of a person who has pleaded guilty to, or been found guilty or convicted of, a graffiti offence must impose a graffiti clean up condition.\n> > \n> > Note.\n> > \n> > See also section 79 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) for imposition of graffiti clean up conditions on fine defaulters in respect of graffiti offences.\n> \n> > (4) Without limiting section 9, the court is not required to impose a graffiti clean up condition if the court considers that it is not in the circumstances of the case reasonably practicable for work of that kind to be performed by the person.\n> \n> > (5) The court must make a record of its reasons for deciding not to impose a graffiti clean up condition.\n> \n> > (6) In this section—\n> > \n> > graffiti clean up condition means a condition requiring the offender to perform the following kind of community service work—\n> > \n> > > (a) the removal of graffiti from buildings, vehicles, vessels and places,\n> > \n> > > (b) the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.\n> \n> **s 11:** Am 1987 No 265, Sch 1 (5); 1989 No 196, Sch 3 (4); 1996 No 99, Sch 2.2 \\[6\\] \\[7\\]; 2012 No 57, Sch 1.1 \\[4\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Preparation and service of copies of children’s community service order","content":"#### 12 Preparation and service of copies of children’s community service order\n\n12 Preparation and service of copies of children’s community service order\n\n> > (1) A court which makes a children’s community service order shall, as soon as practicable after making the order, cause the order to be reduced to writing.\n> \n> > (2) The court shall cause a copy of a children’s community service order—\n> > \n> > > (a) to be served on the person in respect of whom the order is made before that person leaves the precincts of the court,\n> > \n> > > (b) to be sent to the Secretary, and\n> > \n> > > (c) in the case of a court other than the Children’s Court—to be sent to a Registrar of the Children’s Court together with such documents and information as it considers likely to be of assistance to the Children’s Court.\n> \n> > (3) (Repealed)\n> \n> > (4) The failure of a court to cause a copy of a children’s community service order to be served on or sent to a person in accordance with this section does not invalidate the order.\n> \n> **s 12:** Am 1987 No 265, Sch 1 (6); 1988 No 9, Sch 2 (1); 1989 No 196, Sch 3 (5); 1996 No 99, Sch 2.2 \\[8\\] \\[9\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Number of hours of community service work","content":"#### 13 Number of hours of community service work\n\n13 Number of hours of community service work\n\n> > (1) When a children’s community service order is made, the court making the order shall specify in the order the number of hours of community service work to be performed by the person in respect of whom the order is made.\n> \n> > (2) The number of hours of community service work to be performed by a person in respect of whom a children’s community service order is made by a court is not to exceed—\n> > \n> > > (a) in respect of an offence committed by a person under the age of 16 years—100 hours, and\n> > \n> > > (b) in respect of an offence committed (whether before, on or after the commencement of this subsection) by a person of or above the age of 16 years—\n> > > \n> > > > (i) 100 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law does not exceed 6 months, and\n> > > \n> > > > (ii) 200 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law exceeds 6 months but does not exceed one year, and\n> > > \n> > > > (iii) 250 hours, if the offence concerned is an offence for which the maximum term of imprisonment provided by law exceeds one year.\n> \n> > (2AA) The regulations may vary the number of hours specified in subsection (2) in respect of a class of offences, but not so as to exceed the number so specified.\n> \n> > (2A), (2B) (Repealed)\n> \n> > (3) The court may specify that the hours of community service work to be performed by a person in respect of whom a children’s community service order is made shall be concurrent with, or additional to, those specified in any other such order made in respect of that person, but so that the sum of—\n> > \n> > > (a) the number of hours of community service work remaining to be performed, at any time, concurrently under the orders, and\n> > \n> > > (b) the number of hours of community service work remaining to be performed, at any time, otherwise than concurrently, under the orders,\n> > \n> > does not exceed 100 hours.\n> \n> > (3A) Despite subsection (3), if—\n> > \n> > > (a) the person concerned is of or above the age of 16 years, and\n> > \n> > > (b) at least one of the orders was made in respect of an offence for which the maximum term of imprisonment provided by law exceeds 6 months,\n> > \n> > the sum of the numbers of hours referred to in subsection (3) (a) and (b) may exceed 100 hours, but must not exceed 250 hours. However, the number of hours of community service work remaining to be performed under orders made in respect of offences other than offences of the kind referred to in paragraph (b) must not, at any time, exceed 100 hours.\n> \n> > (4) (Repealed)\n> \n> > (5) If a court has not specified in respect of any children’s community service order in force in respect of a person whether the hours of community service work under the order are to be served concurrently with or in addition to the hours under any other such order, the hours are to be served concurrently as long as the orders are both in force. The limits specified in this section apply in such a case as if the court had specified concurrent community service.\n> \n> **s 13:** Am 1987 No 265, Sch 1 (7); 1988 No 9, Sch 1 (5); 1989 No 196, Sch 3 (6); 1994 No 30, Sch 4 (2); 1996 No 35, Sch 1 (1) (2); 1996 No 99, Sch 2.2 \\[10\\] \\[11\\]; 1997 No 5, Sch 2 \\[1\\]; 2008 No 54, Sch 2.1 \\[3\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Place etc and time for presentation for work","content":"#### 14 Place etc and time for presentation for work\n\n14 Place etc and time for presentation for work\n\n> > (1) When a children’s community service order is made, the court making the order shall specify in the order—\n> > \n> > > (a) a place at which or a person to whom the person shall present himself or herself for the purpose of enabling the administration of the order to be commenced, and\n> > \n> > > (b) a period within which the person shall so present himself or herself.\n> > \n> > > (c) (Repealed)\n> \n> > (2) This section extends to children’s community service orders made under the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> **s 14:** Am 1987 No 265, Sch 1 (8); 1989 No 196, Sch 3 (7); 1991 No 17, Sch 2; 1996 No 99, Sch 2.2 \\[12\\] \\[13\\].","sortOrder":19},{"sectionNumber":"14A","sectionType":"section","heading":null,"content":"#### 14A\n\n14A (Repealed)","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration of children’s community service orders","content":"# Part 3 Administration of children’s community service orders\n\nPart 3 Administration of children’s community service orders","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Children’s Court to supervise the administration of children’s community service orders","content":"#### 15 Children’s Court to supervise the administration of children’s community service orders\n\n15 Children’s Court to supervise the administration of children’s community service orders\n\n> The Children’s Court shall be the supervising court in respect of a children’s community service order, whether or not the order was made by the Children’s Court.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Assignment of officer by Secretary","content":"#### 16 Assignment of officer by Secretary\n\n16 Assignment of officer by Secretary\n\n> > (1) On receiving notice of the making of a children’s community service order, the Secretary shall assign an officer, or, where the regulations so provide, a person other than an officer, in respect of the administration of the order.\n> \n> > (2) The Secretary may determine the remuneration and allowances for the officer or other person.\n> \n> **s 16:** Am 1987 No 265, Sch 1 (9); 1996 No 99, Sch 2.2 \\[14\\]; 2009 No 94, Sch 2.1 \\[1\\]; 2025 No 62, Sch 4\\[1\\].","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Obligations of persons subject to children’s community service orders","content":"#### 17 Obligations of persons subject to children’s community service orders\n\n17 Obligations of persons subject to children’s community service orders\n\n> > (1) A person in respect of whom a children’s community service order is in force shall, in addition to complying with any other requirement made by or under this Act in respect of the order—\n> > \n> > > (a) perform, for the number of hours specified in the order, such community service work as the assigned officer directs at such times and such places as the assigned officer directs,\n> > \n> > > (b) perform that community service work in a satisfactory manner,\n> > \n> > > (c) while performing that community service work, comply with any reasonable direction of the assigned officer or a supervisor, and\n> > \n> > > (d) inform the assigned officer of any change in the person’s place of residence.\n> \n> > (2) The community service work to be performed by a person in respect of whom a children’s community service order is in force (being an order containing a recommendation referred to in section 5 (1A)) must, if practicable, include—\n> > \n> > > (a) the removal of graffiti from buildings, vehicles, vessels and places, and\n> > \n> > > (b) the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.\n> \n> > (3) The community service work to be performed by a person in respect of whom a children’s community service order is in force (being an order containing a recommendation referred to in section 5 (1B)) must, if practicable, include participation in a personal development, educational or other program.\n> \n> **s 17:** Am 1989 No 196, Sch 3 (8); 1994 No 90, Sch 3 (3); 1996 No 99, Sch 2.2 \\[15\\]; 2008 No 54, Sch 2.1 \\[4\\] \\[5\\].","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Directions","content":"#### 18 Directions\n\n18 Directions\n\n> > (1) The assigned officer must not, under section 17, direct a person in respect of whom a children’s community service order is in force to perform community service work if, in performing the community service work, the person would take the place of any other person who would otherwise be employed in that community service work as a regular employee.\n> \n> > (1A) Subsection (1) does not prevent a direction being given under section 17 to perform community service work, even if the person would take the place of any other person who would otherwise be employed in that community service work as a regular employee, as long as the community service work is to be performed—\n> > \n> > > (a) at facilities (within the meaning of the [Community Welfare Act 1987](/view/html/inforce/current/act-1987-052)) operated by officers, or\n> > \n> > > (b) for such authorities of the State, in such circumstances, as are prescribed by the regulations.\n> \n> > (1B) Subsection (1) does not apply in respect of participation in a personal development, educational or other program.\n> \n> > (2) In giving directions to a person under section 17, the assigned officer and a supervisor shall, so far as is reasonably practicable—\n> > \n> > > (a) take into consideration the person’s capacities and interests, having regard to the person’s physical, psychological, behavioural, intellectual and cultural characteristics, and\n> > \n> > > (b) avoid any conflict with the person’s religious beliefs, if any, or the times, if any, at which the person usually works or attends a school or other educational establishment from time to time.\n> \n> **s 18:** Am 1988 No 9, Sch 1 (6); 1997 No 5, Sch 2 \\[2\\]; 1998 No 158, Sch 2.4; 2008 No 54, Sch 2.1 \\[6\\] \\[7\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Duration of children’s community service orders","content":"#### 19 Duration of children’s community service orders\n\n19 Duration of children’s community service orders\n\n> A children’s community service order shall remain in force until—\n> \n> > (a) the person in respect of whom the order is made has performed community service work, in accordance with any requirement made by or under this Act in respect of the order, for the number of hours specified in the order,\n> \n> > (b) the expiration of the relevant maximum period, or\n> \n> > (c) the order is revoked or considered satisfied under this Act or, in the case of an order made under another Act, under the Act under which it is made,\n> \n> whichever first occurs.\n> \n> **s 19:** Am 1987 No 265, Sch 1 (10); 1996 No 99, Sch 2.2 \\[16\\]; 2001 No 117, Sch 1 \\[2\\]; 2009 No 94, Sch 2.1 \\[2\\].","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Extension and revocation of children’s community service orders","content":"# Part 4 Extension and revocation of children’s community service orders\n\nPart 4 Extension and revocation of children’s community service orders\n\n**pt 4, hdg:** Subst 1989 No 196, Sch 3 (9).","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Increase in hours of children’s community service orders","content":"#### 20 Increase in hours of children’s community service orders\n\n20 Increase in hours of children’s community service orders\n\n> > (1) The Secretary may from time to time direct that a person’s required number of hours under a children’s community service order be increased if the Secretary is of the opinion—\n> > \n> > > (a) that the person has failed, without reasonable excuse, to comply with the order or with any requirements made by or under this Act in respect of the order, and\n> > \n> > > (b) that the failure to comply was trivial in nature, or there are other good reasons why the failure to comply should be dealt with by increasing the person’s required number of hours.\n> \n> > (2) A person’s required number of hours, as increased under this section, must not exceed the required number of hours specified in the person’s children’s community service order by more than 10 hours.\n> \n> > (3) The person may apply for a review of the increase under this section to the court that made the order and, following the review, that court may confirm or revoke the direction.\n> \n> **s 20:** Am 1989 No 196, Sch 3 (10). Subst 1997 No 5, Sch 2 \\[3\\]; 2001 No 117, Sch 1 \\[3\\].","sortOrder":29},{"sectionNumber":"20A","sectionType":"section","heading":"Extension of period of children’s community service orders","content":"#### 20A Extension of period of children’s community service orders\n\n20A Extension of period of children’s community service orders\n\n> > (1) An application for an extension of the relevant maximum period for a children’s community service order may be made to the Secretary by—\n> > \n> > > (a) the person in respect of whom the order was made, or\n> > \n> > > (b) the assigned officer,\n> > \n> > on the grounds that it would (having regard to circumstances that have arisen since the order was made) be in the interests of justice to extend that period.\n> \n> > (2) Such an application may be made even if the relevant maximum period has expired.\n> \n> > (3) If satisfied that the applicant has established the grounds on which the application is made, the Secretary—\n> > \n> > > (a) may extend the relevant maximum period, and\n> > \n> > > (b) in that event, must cause notice of the extension to be sent to the assigned officer.\n> \n> > (4) For the purposes of determining an application for extension of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.\n> \n> > (5) An application under this section must be—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) in a form approved by the Secretary.\n> \n> **s 20A:** Ins 2001 No 117, Sch 1 \\[3\\]. Am 2025 No 62, Sch 4\\[2\\].","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Application for revocation of children’s community service order","content":"#### 21 Application for revocation of children’s community service order\n\n21 Application for revocation of children’s community service order\n\n> > (1) An application to revoke a children’s community service order may only be made—\n> > \n> > > (a) by the assigned officer on the grounds that the person in respect of whom the children’s community service order is in force has failed, without reasonable excuse, to comply with the order, or\n> > \n> > > (b) by the person in respect of whom the children’s community service order is in force or the assigned officer on the grounds that it would (having regard to circumstances that have arisen since the order was made) be in the interests of justice to revoke the order.\n> \n> > (2) For the purposes of this section—\n> > \n> > > (a) failure by a person to perform the required number of hours of community service work under a children’s community service order within the period for which the order is in force is taken to constitute failure by the person to comply with the order, and\n> > \n> > > (b) failure by a person to comply with one order (the primary failure) is taken to constitute failure by the person to comply with every other children’s community service order that is in force when the primary failure occurs.\n> \n> > (3) An application under subsection (1) cannot be made later than one month after the expiry of the relevant maximum period.\n> \n> > (4) An application under this section must be—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) in a form approved by the President of the Children’s Court.\n> \n> **s 21:** Am 1987 No 265, Sch 1 (11); 1989 No 196, Sch 3 (11); 1996 No 99, Sch 2.2 \\[17\\]. Subst 2001 No 117, Sch 1 \\[4\\]. Am 2025 No 62, Sch 4\\[3\\].","sortOrder":31},{"sectionNumber":"21A","sectionType":"section","heading":"Revocation of children’s community service order","content":"#### 21A Revocation of children’s community service order\n\n21A Revocation of children’s community service order\n\n> > (1) On receiving an application for revocation of a children’s community service order, the Children’s Court may—\n> > \n> > > (a) for an order made by the Children’s Court, do the following—\n> > > \n> > > > (i) decide to take no action,\n> > > \n> > > > (ii) vary or revoke the conditions of, or impose further conditions on, the order,\n> > > \n> > > > (iii) extend the relevant maximum period for the order,\n> > > \n> > > > (iv) revoke the order, or\n> > \n> > > (b) for an order made by some other court, subject to the [Bail Act 2013](/view/html/inforce/current/act-2013-026), commit the person to custody until the person can appear or be brought before that other court, whether or not that other court is constituted by the same person as that by whom it was constituted when the order was made.\n> \n> > (2) If, pursuant to subsection (1) (b), a person appears or is brought before a court that made a children’s community service order in respect of the person, the court may do the following—\n> > \n> > > (a) decide to take no action,\n> > \n> > > (b) vary or revoke the conditions of, or impose further conditions on, the order,\n> > \n> > > (c) extend the relevant maximum period for the order,\n> > \n> > > (d) revoke the order.\n> \n> > (2A) If a court revokes a children’s community service order under subsection (1)(a)(iv) or (2)(d), the court may deal with the person for the offence that resulted in the making of the order in the way the court could have dealt with the person if the order had not been made.\n> \n> > (3) A person on whom a penalty is imposed under subsection (2A)’s community service order under this section has the same rights of appeal as if the penalty had been imposed when the person was convicted of the offence to which the penalty relates.\n> \n> > (4) For the purposes only of determining an application for revocation of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.\n> \n> **s 21A:** Ins 2001 No 117, Sch 1 \\[4\\]. Am 2014 No 5, Sch 2.3; 2024 No 81, Sch 2\\[2\\]–\\[7\\].","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Revocation of children’s community service orders on being dealt with for other offences","content":"#### 22 Revocation of children’s community service orders on being dealt with for other offences\n\n22 Revocation of children’s community service orders on being dealt with for other offences\n\n> > (1) When a person in respect of whom a children’s community service order made by a court is in force appears before a court (being the same court as, or a court of higher jurisdiction than, the court that made the order) to be dealt with in respect of an offence other than the offence in respect of which the order was made, the court may do the following—\n> > \n> > > (a) decide to take no action in relation to the order,\n> > \n> > > (b) vary or revoke the conditions of, or impose further conditions on, the order,\n> > \n> > > (c) extend the relevant maximum period for the order,\n> > \n> > > (d) revoke the order.\n> \n> > (1A) If a court revokes a children’s community service order under subsection (1)(d), the court may deal with the person for the offence that resulted in the making of the order in the way the court could have dealt with the person if the order had not been made.\n> \n> > (2) For the purposes of subsections (1) and (1A), the Children’s Court and the Local Court shall be the same as each other.\n> \n> > (3), (4) (Repealed)\n> \n> **s 22:** Am 1987 No 265, Sch 1 (12); 1989 No 196, Sch 3 (12); 1996 No 99, Sch 2.2 \\[18\\]; 2007 No 94, Sch 2; 2024 No 81, Sch 2\\[8\\]–\\[11\\].","sortOrder":33},{"sectionNumber":"22A","sectionType":"section","heading":null,"content":"#### 22A\n\n22A, 22B (Repealed)","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Issue of court attendance notice or warrant","content":"#### 23 Issue of court attendance notice or warrant\n\n23 Issue of court attendance notice or warrant\n\n> > (1) If an application in respect of a person is made to the Children’s Court under section 21 by the assigned officer, the Children’s Court—\n> > \n> > > (a) may issue a court attendance notice for the appearance before it of the person, and\n> > \n> > > (b) if the person does not appear in answer to the court attendance notice—may issue a warrant directing the arrest of the person.\n> \n> > (2) An officer or a member of the police force may arrest a person in respect of whom a warrant has been issued under this section, whether or not the warrant is in the possession of the officer or member of the police force at the time of arrest.\n> \n> **s 23:** Am 1997 No 5, Sch 2 \\[4\\]; 2001 No 121, Sch 2.37 \\[2\\].","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":null,"content":"# Part 5\n\nPart 5\n\n24–26A (Repealed)\n\n**pt 5:** Rep 2001 No 117, Sch 1 \\[5\\].\n\n**s 24:** Am 1988 No 9, Sch 1 (7); 1997 No 5, Sch 2 \\[5\\]. Rep 2001 No 117, Sch 1 \\[5\\].\n\n**s 25:** Am 1987 No 271, Sch 1; 1988 No 9, Sch 1 (8); 1989 No 196, Sch 3 (15); 1997 No 5, Sch 2 \\[6\\]. Rep 2001 No 117, Sch 1 \\[5\\].\n\n**s 26:** Am 1987 No 265, Sch 1 (14); 1988 No 9, Schs 1 (9), 2 (2); 1993 No 47, Sch 1. Rep 2001 No 117, Sch 1 \\[5\\].\n\n**s 26A:** Ins 1988 No 9, Sch 1 (10). Am 1989 No 196, Sch 3 (16); 1994 No 30, Sch 4 (3). Rep 1996 No 99, Sch 2.2 \\[21\\].","sortOrder":37},{"sectionNumber":"Part 6","sectionType":"part","heading":"Liability in respect of community service work","content":"# Part 6 Liability in respect of community service work\n\nPart 6 Liability in respect of community service work\n\n**pt 6, hdg:** Ins 1997 No 5, Sch 4 \\[1\\]. Am 2008 No 54, Sch 2.1 \\[8\\].\n\n**pt 6:** Ins 1997 No 5, Sch 4 \\[1\\].","sortOrder":38},{"sectionNumber":"26B","sectionType":"section","heading":"Definition","content":"#### 26B Definition\n\n26B Definition\n\n> In relation to community service work performed under a children’s community service order, a reference in this Part to a person for whom community service work is performed includes any person (including a corporation)—\n> \n> > (a) for whose benefit the community service work is performed, or\n> \n> > (b) who directs or supervises the community service work, specifies its terms or conditions or controls it, or\n> \n> > (c) who owns or occupies the premises or land on which the community service work is performed.\n> \n> **ss 26B–26D:** Ins 1997 No 5, Sch 4 \\[1\\]. Am 2008 No 54, Sch 2.1 \\[9\\].","sortOrder":39},{"sectionNumber":"26C","sectionType":"section","heading":"Act or omission of offender engaged in community service work","content":"#### 26C Act or omission of offender engaged in community service work\n\n26C Act or omission of offender engaged in community service work\n\n> > (1) No act or omission of a person that occurs in the course of the person’s performance of community service work under a children’s community service order gives rise to any civil liability on the part of the person for whom the community service work is performed.\n> \n> > (2) A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.\n> \n> > (3) Subsections (1) and (2) do not have effect if—\n> > \n> > > (a) the community service work concerned was not community service work approved by the Secretary, or\n> > \n> > > (b) the act or omission concerned was, or was a necessary part of, an act or omission that was expressly required by the person for whom the community service work was performed but was neither approved nor required by the Secretary.\n> \n> **ss 26B–26D:** Ins 1997 No 5, Sch 4 \\[1\\]. Am 2008 No 54, Sch 2.1 \\[9\\].","sortOrder":40},{"sectionNumber":"26D","sectionType":"section","heading":"Act or omission of supervisor of community service work","content":"#### 26D Act or omission of supervisor of community service work\n\n26D Act or omission of supervisor of community service work\n\n> > (1) No act or omission of a person for whom community service work is performed under a children’s community service order gives rise to any civil liability on the part of the person to the person who performs that community service work if the act or omission occurs in the course of that community service work.\n> \n> > (2) A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.\n> \n> > (3) Subsections (1) and (2) do not have effect if—\n> > \n> > > (a) the community service work concerned was not community service work approved by the Secretary, or\n> > \n> > > (b) the act or omission concerned was, or was a necessary part of, an act or omission intended to cause injury, loss or damage.\n> \n> **ss 26B–26D:** Ins 1997 No 5, Sch 4 \\[1\\]. Am 2008 No 54, Sch 2.1 \\[9\\].","sortOrder":41},{"sectionNumber":"26E","sectionType":"section","heading":null,"content":"#### 26E\n\n26E (Repealed)","sortOrder":42},{"sectionNumber":"26F","sectionType":"section","heading":"Disclosure of material facts about health","content":"#### 26F Disclosure of material facts about health\n\n26F Disclosure of material facts about health\n\n> > (1) A person in respect of whom a children’s community service order is in force has, while the order is in force, a duty to disclose as soon as possible to the person’s assigned officer—\n> > \n> > > (a) any condition of the person that is a condition to which this section applies, or\n> > \n> > > (b) any substantial change in that condition.\n> \n> > (2) A person’s condition to which this section applies is any medical, physical or mental condition of the person of which the person is aware and that the person is aware substantially increases the risk to the person of injury in performing community service work of any kind.\n> \n> **s 26F:** Ins 1997 No 5, Sch 4 \\[1\\]. Am 2008 No 54, Sch 2.1 \\[9\\].","sortOrder":44},{"sectionNumber":"26G","sectionType":"section","heading":"Settlement of claims","content":"#### 26G Settlement of claims\n\n26G Settlement of claims\n\n> The Secretary may, on behalf of the Crown, settle any action that lies against the Crown because of this Part. The Secretary may do so on such terms as he or she thinks fit.\n> \n> **s 26G:** Ins 1997 No 5, Sch 4 \\[1\\].","sortOrder":45},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous\n\n**pt 7 (previously Part 6):** Renumbered 1997 No 5, Sch 4 \\[2\\].","sortOrder":46},{"sectionNumber":"27","sectionType":"section","heading":"Notice of variation or revocation of children’s community service orders","content":"#### 27 Notice of variation or revocation of children’s community service orders\n\n27 Notice of variation or revocation of children’s community service orders\n\n> > (1) A court must notify all relevant persons if the court does the following in relation to a children’s community service order—\n> > \n> > > (a) varies or revokes the conditions of, or imposes further conditions on, the order,\n> > \n> > > (b) extends the relevant maximum period for the order,\n> > \n> > > (c) revokes the order.\n> \n> > (2) In this section—\n> > \n> > relevant person means the following—\n> > \n> > > (a) the Secretary,\n> > \n> > > (b) the assigned officer in relation to the order,\n> > \n> > > (c) if the court is not the Children’s Court—a Registrar of the Children’s Court.\n> \n> **s 27:** Am 1988 No 9, Sch 2 (3); 1989 No 196, Sch 3 (17). Subst 1997 No 5, Sch 2 \\[7\\]. Subst 2024 No 81, Sch 2\\[12\\].","sortOrder":47},{"sectionNumber":"28","sectionType":"section","heading":"Subsequent dealing—children’s community service orders to be taken into account","content":"#### 28 Subsequent dealing—children’s community service orders to be taken into account\n\n28 Subsequent dealing—children’s community service orders to be taken into account\n\n> > (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—\n> > \n> > > (a) the fact that the order was made,\n> > \n> > > (b) any thing done under the order, and\n> > \n> > > (c) the number of hours of community service work performed by the person under the order.\n> \n> > (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—\n> > \n> > > (a) in the case of a decision of the Children’s Court or the Local Court—under Part 3 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), or\n> > \n> > > (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](/view/html/inforce/current/act-1912-016) as if—\n> > > \n> > > > (i) the person were a person convicted on indictment, and\n> > > \n> > > > (ii) the manner in which the person is dealt with were a sentence passed on his or her conviction.\n> \n> **s 28:** Am 1998 No 137, Sch 2.2; 2001 No 121, Sch 2.37 \\[6\\]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.5.","sortOrder":48},{"sectionNumber":"28A","sectionType":"section","heading":"Disclosure of information","content":"#### 28A Disclosure of information\n\n28A Disclosure of information\n\n> > (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—\n> > \n> > > (a) with the consent of the person from whom the information was obtained, or\n> > \n> > > (b) in connection with the administration or execution of this Act, or\n> > \n> > > (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or\n> > \n> > > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> > \n> > > (e) with other lawful excuse.\n> > \n> > Maximum penalty—10 penalty units or imprisonment for 12 months, or both.\n> \n> > (2) Proceedings for an offence against this section shall be dealt with summarily before the Local Court.\n> \n> **s 28A:** Ins 1988 No 9, Sch 1 (11). Am 2001 No 121, Sch 2.37 \\[7\\]; 2007 No 94, Sch 2.","sortOrder":49},{"sectionNumber":"28B","sectionType":"section","heading":"Exchange of certain information","content":"#### 28B Exchange of certain information\n\n28B Exchange of certain information\n\n> > (1) The Secretary may enter into an arrangement (an information sharing arrangement) with the Commissioner of Fines Administration for the purposes of sharing or exchanging any information that is held by the Department or the Commissioner.\n> \n> > (2) The information to which an information sharing arrangement may relate is limited to information that assists in the exercise of—\n> > \n> > > (a) the functions of the Secretary under this Act or the regulations, or\n> > \n> > > (b) the functions of the Commissioner of Fines Administration under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) or the regulations under that Act.\n> \n> > (3) Under an information sharing arrangement—\n> > \n> > > (a) the Secretary is, despite any other Act or law of the State, authorised to request and receive information from the Commissioner of Fines Administration 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](/view/html/inforce/current/act-1996-099)), and\n> > \n> > > (b) the Commissioner of Fines Administration is authorised to disclose that information to the Secretary, and\n> > \n> > > (c) the Commissioner of Fines Administration 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](/view/html/inforce/current/act-1996-099)), and\n> > \n> > > (d) the Secretary is authorised to disclose that information to the Commissioner of Fines Administration.\n> \n> **s 28B:** Ins 2013 No 1, Sch 1.3 \\[2\\]. Am 2013 No 82, Sch 2.3 \\[1\\]–\\[3\\].","sortOrder":50},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 Regulations\n\n> > (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—\n> > \n> > > (a) the circumstances in which a person other than an officer may be assigned by the Secretary in respect of the administration of a children’s community service order,\n> > \n> > > (b) the requirements to be complied with by persons in respect of whom children’s community service orders are in force,\n> > \n> > > (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,\n> > \n> > > (b2) the service of documents under this Act and any circumstances in which service is to be treated as having been effected,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (h) travelling and transport arrangements to be made for persons performing community service work, including by authorising the Secretary to make the arrangements, and\n> > \n> > > (i) the payment of travelling and other expenses in connection with the performance of community service work, including by authorising the Secretary to determine the payments.\n> \n> > (2) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> **s 29:** Am 1987 No 265, Sch 1 (15); 2025 No 62, Sch 4\\[4\\] \\[5\\].","sortOrder":51},{"sectionNumber":"30","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 30 Savings and transitional provisions\n\n30 Savings and transitional provisions\n\n> Schedule 1 has effect.\n> \n> **s 30:** Ins 1997 No 5, Sch 2 \\[8\\].","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"Delegation of functions","content":"#### 31 Delegation of functions\n\n31 Delegation of functions\n\n> > (1) The Minister may delegate to the Secretary, 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.\n> \n> > (2) The Secretary may delegate to any person the exercise of—\n> > \n> > > (a) any of the functions delegated under subsection (1) to the Secretary by the Minister, or\n> > \n> > > (b) any of the other functions of the Secretary under this Act or the regulations, other than this power of delegation.\n> \n> **s 31:** Ins 2002 No 1, Sch 3.2.","sortOrder":53},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 30)\n\n**sch 1:** Ins 1997 No 5, Sch 2 \\[8\\]. Am 1997 No 5, Sch 4 \\[3\\]; 2001 No 117, Sch 1 \\[6\\]; 2008 No 54, Sch 2.1 \\[10\\] \\[11\\]; 2012 No 57, Sch 1.1 \\[5\\] \\[6\\]; 2013 No 1, Sch 1.3 \\[3\\] \\[4\\].","sortOrder":54}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"While the core purpose of the Act — providing for community service orders for child offenders — appears to have remained consistent since 1987, the Act has been amended over 20 times across nearly four decades. Administrative changes (such as updating the title of the responsible officer from 'Director-General' to 'Secretary') reflect broader government restructuring rather than a change in intent. It is likely that substantive amendments have refined eligibility, supervision requirements, and procedural details over time, representing incremental scope evolution rather than a fundamental departure from the original purpose."},"complexity_factors":["The document provided is primarily metadata (version history, status information, and administrative details) rather than the full substantive text of the Act, limiting detailed analysis","The Act itself deals with a relatively straightforward concept — community service orders for children — which is not inherently complex","Interaction with other youth justice legislation (such as the Children (Criminal Proceedings) Act 1987) may add some complexity in practice","Multiple amendments over nearly 40 years mean practitioners need to be aware of which version applied at a given time","Administrative terminology changes (Director-General to Secretary) are minor but can cause confusion when reading older versions"],"plain_english_summary":"This NSW Act creates a framework allowing courts to impose community service orders on children who offend, offering unpaid community work as an alternative to detention. It affects young offenders, their families, youth justice supervisors and host organisations, and aims to promote rehabilitation, reparative accountability and reduced reliance on custodial sentences. The law is administered under the Minister for Youth Justice and remains in force."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1987 scope. Originally focused on basic community service orders for children, it now: (1) integrates with the Fines Act 1996 to cover fine defaulters; (2) includes specific graffiti clean-up mandates added in 2012; (3) incorporates complex liability protections for community organisations added in 1997; (4) establishes information-sharing arrangements with the Commissioner of Fines Administration added in 2013; and (5) includes personal development and educational programs as part of community service work. The Act has evolved from a simple sentencing alternative into a comprehensive administrative scheme with cross-agency coordination and specialised offence-based requirements."},"complexity_factors":["Multiple cross-references to other Acts including the Children’s Court Act 1987, Children (Criminal Proceedings) Act 1987, Fines Act 1996, Crimes (Sentencing Procedure) Act 1999, and Bail Act 2013","Nested conditional logic in section 13 regarding maximum hours based on age of offender and maximum imprisonment term for the offence, with additional complexity for concurrent orders","Exception to exception structure in section 11 (graffiti clean-up conditions) and section 18 (restrictions on directions that can be given)","14 defined terms in section 3, some with their own nested definitions (e.g., 'authorised justice' has multiple sub-categories)","Multiple amendment history notes throughout indicating significant legislative evolution since 1987","Complex administrative machinery involving Secretary, assigned officers, supervisors, and the Children’s Court with overlapping jurisdictions","Transitional provisions in Schedule 1 dealing with 5 different amending Acts and their interaction with existing orders"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a sentencing option for children and young people who break the law in New South Wales. Instead of sending them to prison or giving them other penalties, courts can order them to perform unpaid community service work.\n\n**Who it affects:**\n\n- **Young offenders** aged under 18 when they committed the offence, and under 21 when charged\n- **Courts** — especially the Children’s Court, which supervises these orders\n- **Juvenile Justice NSW** — the government department that runs the program and assigns officers to manage each young person\n- **Supervisors** — people appointed to oversee the work being done\n\n**How it works:**\n\n- A court can make a **children’s community service order** requiring a young person to perform between 100 and 250 hours of unpaid work (depending on their age and how serious the offence was)\n- The work can include things like removing graffiti, environmental projects, or personal development programs\n- An **assigned officer** from Juvenile Justice manages each case and directs where and when the young person works\n- The order must be completed within 12 months (though this can be extended)\n\n**Special rules:**\n\n- **Graffiti offences** — if a young person is sentenced for graffiti, the order *must* include cleaning up graffiti unless the court decides this isn’t practical\n- **Safety and fairness** — officers must consider the young person’s abilities, health, religious beliefs, and school or work commitments when arranging work\n- **What happens if rules are broken** — the Secretary can add extra hours (up to 10) for minor breaches, or the court can revoke the order and re-sentence the young person for more serious failures\n\n**Why it matters:**\n\nThis Act gives courts a constructive alternative to locking up young offenders. It aims to rehabilitate young people through meaningful work while holding them accountable. It also protects organisations where young people work by making the government (the Crown) responsible for any legal claims arising from accidents or injuries during community service, rather than the community organisations themselves."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been extended since enactment. Amendments introduced mandatory graffiti‑cleanup conditions for graffiti offences (s 11), allowed community service orders arising from the Fines Act to be governed here, broadened administrative powers to increase hours and extend periods (ss 20, 20A), created Crown liability for approved work and settlement authority (Part 6, ss 26C–26G), and authorised information sharing with the Commissioner of Fines Administration (s 28B). These changes expand administrative discretion, cross‑agency data flows and the Act’s protective indemnities."},"complexity_factors":["Interlocks with several other Acts and court processes (Children’s Court Act, Children (Criminal Proceedings) Act, Fines Act, Crimes (Sentencing Procedure) Act, Bail Act) which affect when and how orders may be made or revoked.","Detailed quantitative rules on maximum hours and concurrency with layered exceptions and regulatory variation (s 13 and s 13(2AA)).","Significant administrative discretion vested in the Secretary and assigned officers (assignment, remuneration, increases in hours, extensions) with internal review paths (ss 16, 20, 20A).","Court powers to vary, extend, revoke orders and to commit persons to custody when other courts are involved, producing cross-jurisdictional procedures (ss 21A, 22).","Liability and indemnity regime shifting civil exposure to the Crown for approved work, subject to exceptions (Part 6, ss 26B–26D, 26G).","Regulatory breadth allowing detailed delegated rules on supervision, safety, travel, and scope of persons who may act as assigned officers or supervisors (s 29).","Information‑sharing and confidentiality limits plus authorisations to exchange personal data with fines administration (ss 28A, 28B).","Multiple amendment and transitional provisions scattered through the Act and Schedule 1, increasing interpretive complexity."],"plain_english_summary":"Mechanically, the Act lets a court substitute supervised unpaid community service for an otherwise custodial sentence for eligible young people; it sets who qualifies, caps on hours, presentation and supervision rules, and administrative roles for the Department and assigned officers.  \n\nIt affects young offenders, courts, Juvenile Justice/Department staff, supervisors and organisations that receive community service work. It matters because it converts some criminal sanctions into supervised work, creates participant duties and disclosure obligations, and gives administrative powers to adjust, extend or revoke orders."}},"importantCases":[],"_links":{"self":"/api/acts/children-community-service-orders-act-1987","history":"/api/acts/children-community-service-orders-act-1987/history","analysis":"/api/acts/children-community-service-orders-act-1987/analysis","conflicts":"/api/acts/children-community-service-orders-act-1987/conflicts","importantCases":"/api/acts/children-community-service-orders-act-1987/important-cases","documents":"/api/acts/children-community-service-orders-act-1987/documents"}}