Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 384

    (1)     If—

        (a)     a person has been placed on probation under section 380; and

        (b)     at any time during the probation period it appears to the Court or to the Secretary that the person has failed to observe any condition, or amended condition, of the probation order—

the Court or the Secretary may cause the person and, if the person is under the age of 15 years, his or her parent to be served, by post or otherwise, with a notice to appear before the Court at a specified time.

    (2)     If—

        (a)     a notice is served on a person under subsection (1) and the person fails to appear before the Court at the time specified and the Court is satisfied that the notice has come to the attention of the person; or

        (b)     service of a notice under subsection (1) cannot be effected—

the Court may direct that a warrant to arrest the person be issued.

(3)     A person alleged to have failed to observe any condition, or amended condition, of a probation order must appear or be brought before the Court—

        (a)     constituted by the magistrate who sentenced the person, if he or she still holds the office of magistrate; or

        (b)     constituted by any other magistrate—

S. 384(3)(b)(i) amended by No. 26/2012 s. 5(1).

              (i)     if the first-mentioned magistrate does not still hold the office of magistrate or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court; or

              (ii)     with the person's consent.

S. 384(4) repealed by No. 26/2012 s. 5(2).

    *     *     *     *     *

    (5)     If—

        (a)     a person has been placed on probation; and

        (b)     the person is brought or appears before the Court (whether a notice under subsection (1) has been issued or not); and

        (c)     the Court is satisfied that the person has failed to observe any condition, or amended condition, of the probation order—

the Court may—

        (d)     confirm the probation order; or

        (e)     vary, add or substitute any special condition of the probation order but must not extend the period of the order; or

S. 384(5)(f) amended by No. 68/2009 s. 68(1)(e).

        (f)     revoke the probation order and impose any sentence that the Court thinks just; or

S. 384(5)(g) amended by No. 68/2009 s. 68(1)(e).

(g)     if the probation order has expired, impose any sentence that the Court thinks just.

    (6)     In considering what order to make under subsection (5), the Court may take into account—

        (a)     a report on the person prepared by the Secretary under section 385; and

        (b)     the fact of the making of the probation order; and

        (c)     the extent to which and the manner in which the person has complied with the probation order.