Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 409Q

    (1)     The Court must revoke a youth control order in respect of a child if an application for revocation has been made and—

        (a)     the Court is satisfied that the child has breached the order, by failing to comply with the order to such an extent that he or she is no longer suitable for the order; or

        (b)     the child commits an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more during the period that the youth control order is in force.

    (2)     The youth control order may be revoked on the application of—

        (a)     the child or, if the child is aged under 15 years, the child's parent; or

        (b)     if it appears to the Secretary that the child has breached the order for any reason—the Secretary; or

        (c)     if the child has been convicted of an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more during the period that the youth control order is in force—a police officer.

    (3)     If the breach is constituted by—

        (a)     an act that is the subject of a charge before a court, the application for revocation must be made not later than 3 months after a finding of guilt in respect of the charge; or

        (b)     any other act, the application for revocation must be made not later than 14 working days after the alleged breach.

    (4)     An application under subsection (2) may be made by filing an application with the Court and serving a copy of the application—

        (a)     if the application is made by the child or the child's parent—on the Secretary; or

        (b)     if the application is made by the Secretary—on the child and, if the child is aged under 15 years, the child's parent; or

        (c)     if the application is made by a police officer—on the Secretary and the child and, if the child is aged under 15 years, the child's parent.

Note

Sections 593 to 596 deal with service of documents.

    (5)     The Court is to be constituted by the magistrate who made the youth control order, unless—

        (a)     that magistrate does not still hold office as a magistrate; or

        (b)     the matters in this section were remitted to the Court under section 409K ; or

        (c)     it is otherwise impracticable for that magistrate to constitute the Court.

    (6)     Before the Court considers an application to revoke an order under this section, notice of the hearing concerning the revocation must be served by the Court on—

        (a)     the child and, if the child is aged under 15 years, the child's parent; and

        (b)     the applicant for revocation—

and the Court may order that a warrant to arrest be issued against the child if he or she does not attend for the hearing.

Notes

1     For requirements relating to breach of sentence see section 423.

2     Sections 593 to 596 deal with service of documents.

S. 409R inserted by No. 43/2017 s. 13.