Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38ZO

    (1)     On an application under section 38ZN for variation of a custodial supervision order or on a review of a custodial supervision order directed under section 38ZI(2) or on a further review of a custodial supervision order directed under subsection (3) or section 38ZP(2), the Children's Court must, by order—

        (a)     confirm the order; or

        (b)     vary the place of custody; or

        (c)     subject to this section, vary the order to a non-custodial supervision order.

    (2)     The Children's Court must not vary a custodial supervision order to a non-custodial supervision order unless satisfied on the evidence available that the safety of the child subject to the order or members of the public will not be seriously endangered as a result of the release of the child on a non-custodial supervision order.

S. 38ZO(3) amended by No. 3/2016 s. 107.

    (3)     The   Children's Court may direct that the matter be brought back to the court for further review at the end of the period not exceeding 6 months specified by the court.

S. 38ZP
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).