A 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.
The Children’s Court may impose a youth control order if:
- the child commits an offence that is punishable by imprisonment
- the court considers that the child would otherwise be sentenced to detention
- the court is satisfied that the child is a suitable person to be placed on the order
- the child consents to the order
- a youth justice plan has been developed.
The Children’s Court can impose a youth control order for up to 12 months, but the order cannot extend longer than the child’s 21st birthday.
Conditions of Youth Control Orders
Youth control orders include the following mandatory conditions:
- not committing another offence while the order is in force
- reporting to the Secretary of the Department of Justice and Community Safety within two working days after the order is made
- reporting to the Secretary as required while the order is in force
- complying with any lawful and reasonable directions given by the Secretary
- attending the Children’s Court as directed by the court
- participating in education, training or work
- notifying the Secretary of any change in residence, school or employment
- only leaving Victoria with the permission of the Secretary.
Under the Youth Justice Act 2024 (Vic), the court may also attach one or more:
- developmental conditions (for example, requiring the child to undergo treatment or counselling, or to participate in education programs)
- restrictive conditions (for example, requiring the child to abide by a curfew or reside at a particular place) and
- restorative conditions (requiring the child to attend and participate in a group conference).
Monitoring a Child on a Youth Control Order
Children on youth control orders must attend court at least once a month for the first half of the youth control order. This is so the Children’s Court can monitor the child’s compliance with the order and ensure the conditions of the order are still suitable for the child. At the hearing, the Children’s Court may vary the order if appropriate.
If a child breaches the conditions of a youth control order, an application can be made to the court for the order to be varied or cancelled. The Children’s Court may revoke the order if:
- the child has failed to comply with the order to such an extent that they are no longer suitable to be on the order or
- the child commits an offence punishable by at least 5 years’ imprisonment.
No presumption applies that a court must sentence a child to detention if a youth control order is revoked under the Youth Justice Act 2024 (Vic).
The information on this page (except all logos and any third-party content linked to from this page) is licensed under a Creative Commons Attribution 4.0 International License.
