Youth Attendance Order (YAO)
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A Youth Attendance Order (YAO) is the most intensive form of community-based order for children in Victoria under the Children, Youth and Families Act 2005 (Vic). It is considered a direct alternative to detention, meaning it is reserved for serious offenders or those with an extensive criminal history. A YAO aims to provide highly structured support and accountability in the community without sending the child to a Youth Justice Centre.
Key Features of a YAO:
- Regular Supervision:
The young person is subject to up to 10 hours of structured supervision per week.
- Community Work:
The young person may also be required to complete up to 4 hours of unpaid community work per week.
- Alternative to Detention:
YAOs are typically imposed instead of custodial sentences, making them a serious option for offenders who would otherwise face detention.
Section 397 - Imposing a Youth Attendance Order
Under Section 397 of the Children, Youth and Families Act 2005, the Court can impose a YAO if certain criteria are met:
- The child must be convicted of one or more offences, and the Court must believe that due to the seriousness or habitual nature of the child’s behaviour, detention would otherwise be appropriate.
- On the day of sentencing, the child must be 15 years of age or older.
- The YAO can be imposed for a term of up to 12 months, but it cannot extend beyond the child’s 21st birthday.
Before issuing a YAO, the Court must order a pre-sentence report to assess whether the child is eligible for a less intensive Youth Supervision Order (YSO). The restrictions in Section 398 must also be followed.
Section 398 - Restrictions on Imposing a YAO:
The Court cannot impose a YAO unless:
- The offence the child is convicted of is punishable by imprisonment.
- The Court has consulted with the Secretary and is satisfied that the child is suitable for a YAO.
- The child consents to the YAO being made.
Purpose of a YAO:
The YAO is intended for children whose offences are severe enough to warrant detention but who may benefit from intensive community-based rehabilitation. It combines strict supervision with the opportunity for the child to remain in the community, with the goal of reducing the likelihood of reoffending and promoting positive behavioural change.
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What happens next?
Contact MK Law on 1800 130 120 for advice on whether a Youth Attendance Order (YAO) is a suitable option for you or a young person facing serious charges. MK Law specialises in criminal defence and strongly advocates for YAOs as a valuable opportunity to help turn a young person’s life around before they are exposed to the prison system. As an excellent alternative to jail, MK Law will provide expert guidance and support in advocating for a YAO in your case.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au