3.2.4.140 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
• 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.

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.

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.

Mutual obligation requirements (1.1.M.160)

The full-time study exemption does not necessarily exempt the young person from their requirements. Delegates have discretion to determine whether a young person will still have mutual obligation requirements. 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.