188.8.131.52 Community service/justice order exemption for under 18s
Circumstances of exemption
This exemption may be given to young people who could not reasonably be expected to participate in full-time education or training due to community service type restrictions on their time. This would be the case when the young person is:
- required to perform more than 10 hours per week of community service, or
- required to participate in a specified supervisory program for young offenders, or
- subject to other imposed conditions which make it unreasonable for them to undertake full-time education or training.
Example: Transition or parole-type arrangements.
Early school leavers
Early school leavers (1.1.E.05) who, because of a community service or juvenile justice order, are unable to study or undertake training full-time are still expected to undertake education or training or other activities appropriate to their capacity. Activities may include participation in part-time education or training or other approved activities, such as counselling or mediation.
Act reference: SSAct section 544DA Youth Allowance Employment Pathway Plans-early school leavers
Duration of exemption
The young person can be given an exemption for up to 13 weeks, although this can be extended subject to regular review after the 13 weeks.
Activity test (1.1.M.160) requirements
The full-time study exemption does not necessarily exempt the young person from the activity test. Delegates have discretion to determine whether activity testing is required. In some cases, it may be reasonable to investigate if the community service order or justice order can be varied to allow participation in part-time study or training, in addition to meeting the requirements of the order.
Act reference: SSAct section 542 Situation in which a person is not required to satisfy the activity test, section 542H Special circumstances exemption, section 543A(2A)(n) … is the subject of a community service or juvenile justice order…, section 543A(2B) If the following circumstances exist in relation to the person in respect of a period…