Probation for Children

When a court places a child on a Probation Order, a Youth Justice Officer is assigned as their case manager for the duration of the order. This officer plays a crucial role in supporting the child and ensuring compliance with the conditions of probation.

Throughout the probation period, the child has access to various support services, including:

• Drug and Alcohol Counselling
• Housing Assistance
• General Counselling
• Anger Management Programs

Additionally, the child receives educational and developmental support tailored to their needs.

This may involve assistance with:

• Secondary school education
• TAFE (Technical and Further Education)
• Apprenticeships
• Paid employment opportunities
• Obtaining a driver’s licence

Legal Framework:

According to Section 380 of the Children, Youth and Families Act 2005:

1. If the court finds a child guilty of one or more offences—whether they are indictable or summary—the court may impose a probation order for a specified term. This term cannot exceed:
   • 12 months; or
   • 18 months if the offence, or one of the offences, is punishable by imprisonment for a term exceeding 10 years.
   • The probation order cannot extend beyond the child’s twenty-first birthday.
2. The court may only issue a probation order if the child has consented to it.

The court can also stipulate any special conditions it deems necessary or desirable.

Common special conditions may include:

• Residing at a specified address
• Abstaining from alcohol or illicit drugs
• Attending school regularly
• Adhering to a curfew
• Undergoing counselling or treatment as required

Furthermore, the court may defer sentencing after a guilty plea is entered and order a pre-sentence report from Youth Justice before making a final determination under Section 414 of the Act.

Contact MK Law for Child Probation Advocacy:

At MK Law, we are dedicated to supporting children and their families during challenging times, particularly in matters related to child probation. Our experienced team understands the complexities of the legal system and is committed to advocating for the best interests of young individuals.

If you or someone you know is navigating the probation process, we offer personalised legal guidance tailored to your unique situation. Our Children’s Court Lawyers are here to help connect you with essential services, ensure compliance with probation conditions, and provide support every step of the way.

Don’t face this journey alone. Contact MK Law today on 1800 130 120 for a confidential consultation and let us help you navigate the path to a brighter future.