889Transitional provisions—youth parole orders

889 Transitional provisions—youth parole orders

(1) In this section—

existing youth parole order means—

(a) a youth parole order made under Division 5 of Part 5.5 of the Children, Youth and Families Act 2005 as in force immediately before the commencement of section 627; and

(b) that was in force immediately before that commencement.

(2) Subject to this section, on and after the commencement of section 627 an existing youth parole order continues in force subject to its terms and conditions as if it were a youth parole order made under section 627 until the end of the parole period unless—

(a) the parole order is earlier revoked under section 627(4); or

(b) parole is earlier cancelled under Division 3 of Part 12.2.

(3) Subject to subsection (4), any terms and conditions of the existing youth parole order are taken to have been imposed under section 632 and may be amended or varied accordingly.

(4) Any conditions referred to in section 458A(3)(h) or (i) of the Children, Youth and Families Act 2005 imposed on the existing youth parole order under section 458A(1) of that Act are taken to be additional conditions imposed under section 633 and may be amended or varied accordingly.

(5) Section 634 applies in respect of an existing youth parole order.

(6) If a term or condition of an existing youth parole order continued in effect under this section requires the person to be supervised by a youth parole officer or otherwise imposes any other function, power or duty on a youth parole officer—

(a) the requirement is taken to refer to the Secretary; and

(b) on the commencement of section 627, the Secretary must assign an authorised youth justice community worker to supervise the person and exercise the power, duty or function.

(7) On and after the commencement of section 627, a person who immediately before that commencement was subject to an existing youth parole order who breaks any law during the period of the order (including offending that occurs before the commencement day) is taken not to have failed to comply with a condition imposed on that order under section 458(4)(a) or 458A(3)(a) of the Children, Youth and Families Act 2005, as in force immediately before the commencement day, and continued under subsection (2) unless the offence is punishable by imprisonment.

Under section 458(4)(a) of the Children, Youth and Families Act 2005 as in force immediately before the commencement of section 627, a youth parole order is subject to terms and prescribed conditions. Under Part 5 of the Children, Youth and Families Regulations 2017 as in force immediately before the commencement of section 627, it is a prescribed condition of a youth parole order that the person must not break any law during the parole period. Under section 458(4)(b) of the , as in force immediately before the commencement day, it is a condition of a youth parole order that the person must not break any law during the parole period.