New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 40

40 Variation of good behaviour bond or probation

(1) In relation to an order under section 33 that provides for a person to enter into a good behaviour bond or that releases a person on probation, the Children’s Court may, on application made by or on behalf of the person to whom the order relates or by an authorised officer, do any one or more of the following things-

(a) it may terminate the order,

(b) it may reduce the period of the order,

(c) it may vary any condition of the order in any respect, including (where the person has entered into the good behaviour bond, or been released on probation, on condition that the person will remain in the care of some other person named in the order) the substitution of the name of another person for that of the person named in the order.

(1A) Alternatively, if the order was made by a court exercising the functions of the Children’s Court under section 18 (2), the Children’s Court may (but is not obliged to) refer the application to the court concerned to be dealt with by that court.

(2) The Children’s Court may not extend the period of an order under section 33 that provides for a person to enter into a good behaviour bond or that releases a person on probation.