Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 392

    (1)     If—

        (a)     a person has been released on a youth supervision order; and

        (b)     at any time during the period of the order it appears to the Court or the Secretary that the person has failed to observe any condition, or amended condition, of the 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 youth supervision 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. 392(3)(b)(i) amended by No. 26/2012 s. 6(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S. 392(4) repealed by No. 26/2012 s. 6(2).

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