Youth Justice Orders
Youth Justice Orders are imposed under the Children, Youth and Families Act 2005, which requires the court to make rehabilitation a priority.
Community sentences are when the court hands down a non-custodial sentence such as a dismissal, an undertaking or a good behaviour bond, or one of the following orders:
- Probation order is the least intensive supervision order available under the Children, Youth and Families Act 2005 (Vic). The child must be supervised by a Youth Justice worker, and not commit any crime. For more information, visit Probation Order.
- Youth attendance order is an alternative to detention for children aged 15 years or over at the time of sentencing, where the young person attends the youth justice unit of the Department of Justice and Community Safety for a maximum of 12 months. For more information, visit Youth Attendance Order.
- Youth control order is served in the community under strict conditions. It is the most intensive sentencing order that a child can serve in the community in Victoria. For more information, visit Youth Control Order.
- Youth justice centre order is a sentence of youth detention for young people in a youth justice centre. This sentence can only be given to a child or young person aged 15 to 20 at the time of sentencing. For more information, visit Youth Justice Centre Order and Youth Residential Centre Order.
- Youth residential centre order is a sentence of youth detention for young people in a youth residential centre. This sentence can only be given to a child aged under 15 at the time of sentencing. For more information, visit Youth Justice Centre Order and Youth Residential Centre Order.
- Youth supervision order is a higher level of supervision than a probation order. Under this sentence, the child must follow the instructions of a Youth Justice worker, and not reoffend. For more information, visit Youth Supervision Order.
Detention (custodial) sentences – serious youth offences are defined as a Category A or B and are normally heard in higher courts. Depending on the offence, these sentences may be served in adult detention.
Child Protection Orders
Child Protection Orders are enforced through the Children, Youth and Families Act 2005 and incorporate a number of arrangements as detailed below.
- Care by Secretary order – The court has decided that family reunification will not be achieved in a timely way for the child, or the child has been in out-of-home care for 24 months and still cannot safely return to their parents’ care. Under this order, the Secretary of the Department of Families, Fairness and Housing (the department) has parental responsibility for the child, to the exclusion of all others, for 2 years. This means that the department is responsible for the child’s care and wellbeing and for all decisions concerning them. Usually, the objective is to find a permanent or long-term carer for the child, preferably with extended family, or if not, with another family as soon as possible. In exceptional circumstances, the objective may still be family reunification.
- Family preservation order – The court has decided that a child is in need of protection and can safely stay in their parents’ care while the protective concerns are being addressed. The child will live with one or both parents with no change to parental responsibility for the child. The department has to supervise the child. The objective is to help the family make changes needed to keep the child safe at home so the family can stay together permanently. This order will usually include conditions.
- Family reunification order – The court has decided that a child is in need of protection and cannot safely stay in their parents’ care while the protective concerns are being addressed. This order grants parental responsibility for the child to the Secretary of the department with the limitation that parents’ agreement is needed about major long-term issues. It will usually include conditions. The child will stay in out-of-home care and the objective is for the child to be reunified with their parent/s once this has happened, and within 12 months, or up to 24 months where permanent reunification is likely by then.
- Interim accommodation order – A protection application has been issued and the court has decided an interim order is needed to keep the child safe until it determines the application. This order is about where the child must live until the next court date. It will usually include conditions.
- Long-term care order – The court has decided the child is in need of long-term care and there is a suitable carer available to raise the child. Under this order the Secretary of the department has parental responsibility for the child, to the exclusion of all others, until the child’s 18th birthday. This means the department is responsible for supporting the child’s carer to look after the child until they grow up, and for all decisions concerning the child.
- Permanent care order – The court has found proposed permanent carers suitable to have parental responsibility for the child to the exclusion of all others, including the Secretary of the department. Under this order the carers are the permanent care parents of the child, and have all the duties, powers, responsibilities and authority that parents have in relation to the child until the child’s 18th birthday. The order will usually include conditions.
- Temporary assessment order – Child protection practitioners from the department have applied to the Children’s Court for a temporary assessment order to allow them to investigate a report that the child is at risk of harm.
- Undertaking – The court has decided that a child is in need of protection and that future risks can be sufficiently managed by the parent and child with community support. The undertaking may include conditions. The department does not stay involved when an undertaking is made.
Education First Youth Foyers
Education First Youth Foyers are integrated learning and accommodation centres that develop the skills of young people at risk of homelessness. Currently, the Education First Youth Foyers are:
- Ballarat – Education First Youth Foyer at Karrung
- Broadmeadows – Education First Youth Foyer at Kangan Institute (TAFE)
- Glen Waverley – Education First Youth Foyer at Holmesglen Institute of TAFE
- Lilydale – Education First Youth Foyer at Box Hill Institute of TAFE
- Shepparton – Education First Youth Foyer at Goulburn Ovens Institute of TAFE
- Warrnambool – Education First Youth Foyer at South West TAFE
- Wodonga – Education First Youth Foyer at Wodonga Institute of TAFE
A new Education First Youth Foyer will soon be available in Wangaratta.
Current foyer locations and referrals can be found at the Foyer Foundation website.
Refugee Minor Program
The Refugee Minor Program (RMP) is run by the Department of Families, Fairness and Housing's Community Operations and Practice Leadership division alongside Child Protection. The RMP provides support to children who are refugees, under 18 years of age and are in Victoria without their birth parents. They are known as ‘Unaccompanied Humanitarian (or Refugee) Minors’ (UHMs). The children of the RMP may have been orphaned or their parents are missing and unable to be located. They have come to Australia on humanitarian entry provisions and are living with family, friends, community members or are under the guardianship of the state.
The RMP works to support care arrangements to prevent placement breakdown for young people aged between 0 and 18 with provisional support provided for young people aged 18 to 21. This work is done through early intervention and proactive measures to assist families providing care. It is facilitated through intensive case management, specialist education and training advice as well as leaving care support. Children and young people referred to the Refugee Minor Program hold Refugee/Humanitarian Visa types – subclasses 200, 201, 202 or 204. These visa types are all permanent visa categories.
Children's Court Youth Diversion Service
The Children’s Court Youth Diversion service (CCYD) provides an opportunity for young people appearing before the criminal division of the Children’s Court to:
- accept responsibility for their behaviour
- understand the harm caused by their actions
- complete a diversion plan, involving activities intended to promote desistance from further offending
- have the charge/s discharged, on successful completion of the diversion plan
- avoid the stigma associated with a criminal record and its impact on future life opportunities.
The CCYD targets young people with limited or no criminal history who would otherwise be sentenced to an outcome not requiring supervision from youth justice. Eligibility is informed by consultation with the young person, their family or carer, legal representative and Victoria Police prosecutors.
The young person’s history and circumstances of their offending are considered in determining whether diversion is appropriate. There are no automatic exclusions regarding the nature or type of offence eligible for diversion, apart from offences that carry a mandatory penalty.
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