Western Australian Consolidated Acts

YOUNG OFFENDERS ACT 1994 - SCHEDULE 3

[s. 61]

        [Heading amended by No. 19 of 2010 s. 4.]

1 .         References to “offender”

                A reference to “offender” is to be read as a reference to the person in respect of whom the order is made.

2 .         Conditions

                The order cannot impose attendance conditions or supervision conditions.

3 .         Duration of order

                The order remains in force until — 

            (a)         every condition imposed by it is fulfilled;

            (b)         it is discharged or cancelled by the court; or

            (c)         the obligation to make the payment in respect of which the order was made is otherwise satisfied.

4 .         Powers of court in dealing with breach

                If the court decides to cancel the order, it can only make a detention order under section 65C in respect of the defaulter and issue a warrant of commitment accordingly.

5 .         Effect of partially performing work ordered in default of payment

        (1)         If the defaulter satisfactorily performs work under the order for a number of hours less than that required under the order, the amount required to be paid in full satisfaction of the obligation to make the payment is reduced by the percentage described in subclause (2).

        (2)         The percentage reduction is the percentage that the number of whole hours of work satisfactorily performed represents of the number of hours of work required by the order.

        [Clause 5 amended by No. 92 of 1994 s. 46.]

6 .         Proof of identity

        (1)         A person bringing proceedings for a failure to comply with the order may aver that the person against whom the proceedings are brought is the person in respect of whom the order was made.

        (2)         In proceedings in which an averment is made under subclause (1) the person against whom the proceedings are brought may be asked by the court whether the person became liable to make the payment in respect of which the order was made and whether the person defaulted in making the payment and, if the person admits any fact about which the court asks, no further proof of the fact admitted is required.

[Schedule 4 omitted under the Reprints Act 1984 s. 7(4)(e).]