18Directions

18 Directions

18 Directions

(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.

(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—

(a) at facilities (within the meaning of the Community Welfare Act 1987) operated by officers, or

(b) for such authorities of the State, in such circumstances, as are prescribed by the regulations.

(1B) Subsection (1) does not apply in respect of participation in a personal development, educational or other program.

(2) In giving directions to a person under section 17, the assigned officer and a supervisor shall, so far as is reasonably practicable—

(a) take into consideration the person’s capacities and interests, having regard to the person’s physical, psychological, behavioural, intellectual and cultural characteristics, and

(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.

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].