321Suspension of community-based order—child in custody

321 Suspension of community-based order—child in custody

(a) at the time an order specified in subsection (5) is made in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or

(b) after an order specified in subsection (5) is made in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison—

the Secretary may suspend the child's service of the order throughout the period of custody by written notice.

(2) Notice under subsection (1) must be served on the child.

(3) After consultation with the appropriate parole board or the Commissioner for Youth Justice, the Secretary must—

(a) determine a time at which, and a date on which, the child is to commence or recommence service of the order; and

(b) serve a written notice on the child specifying the time at and date on which the child is first required to report to the Secretary.

Part 8.1 of the Children, Youth and Families Act 2005 deals with the service of documents.

(4) With the consent of the appropriate parole board, the Secretary may direct that the term of operation of the order be served concurrently with a period of parole, but that service must not be a condition of the parole.

(5) The specified orders are—

322 Secretary to notify Children's Court when a child subject to a community-based order with judicial monitoring is in custody or has order suspended

(1) The Secretary must notify the Children's Court if—

(a) at the time the Court makes an order specified in subsection (2) in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or

(b) after an order specified in subsection (2) is made in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison; or

(c) service of an order specified in subsection (2) in respect of a child has been suspended under section 319 or 321; or

(d) service of an order specified in subsection (2) in respect of a child has commenced or recommenced in accordance with section 321(3).

(a) a youth supervision and support order subject to judicial monitoring in accordance with Division 7 of Part 7.8; or

(b) a youth control order.