NSW Court Powers to Re-Sentence People After Revoking Community Service or Good Behaviour Orders

Justice Legislation Amendment (Children) Bill 2024

11 Feb 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

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Topics

children's court community service orders court appeals criminal sentencing juvenile justice

Introduced by: Michael Daley MP (ALP); The Hon John Graham MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Courts can re-sentence a child for their original crime if a children’s community service order is revoked
Courts can re-sentence a person for their original crime if a good behaviour bond, probation, or outcome plan is revoked
People who are re-sentenced after a revoked bond keep their original rights to appeal
Courts must revoke a good behaviour bond if a person breaks a condition while a control order is suspended
Courts can change, extend, or cancel children’s community service orders; they can also decide to take no action
The court must notify the Justice Secretary and the assigned officer if a children's community service order is changed or revoked

The Debate

What different members said when this bill was debated:

Hugh McDermott ALP

“As commented on by members, the bill reflects the Government’s ongoing commitment to good governance through the regular review and update of legislation in response to identified needs. The bill makes necessary amendments across the Justice portfolio to make sure that legislation is kept up to date and is responsive to developments in the community and the New South Wales legal system.”

Official source →

News articles and press releases

Justice Legislation Amendment (Children) Bill 2024

The Hon. JOHN GRAHAM, Minister for Roads — 2024-10-24

The bill will introduce several miscellaneous amendments to correct a minor error in an uncommenced amendment to the Child Protection (Working with Children) Act 2012, and to ensure clarity and transparency in the decision‑making of the Children’s Court and sentencing statistics.