Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 167

Matters to be taken into account

167. Matters to be taken into account



(1) In considering what order to make under section 166, the Court may take
into account-

   (a)  a report on the person prepared by the Secretary under sub-section
        (2); and





   (b)  the fact of the making of the youth supervision order; and

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

(2) If a person is brought or appears before the Court under section 166, the
Secretary must prepare a report on the person including-



   (a)  the nature and circumstances of the breach of the
        youth supervision order; and

   (b)  the extent to which and the manner in which the person has complied
        with the order; and



   (c)  the recommendation of the Secretary with respect to an appropriate
        sentencing order for the person; and



   (d)  any other relevant matter.

(3) Any statement made in a report under sub-section (2) must be relevant to-

   (a)  the breach of the youth supervision order; and

   (b)  the sentencing order (if any) recommended in the report.

(4) A report under sub-section (2) must be provided, after the Court is
satisfied that a person has failed to observe any condition, or amended
condition, of the order and before the Court makes an order under section 166,
to-

   (a)  the Court; and

   (b)  the person who is the subject of the report; and



   (c)  the legal practitioners representing the person; and



   (d)  any other person whom the Court has ordered is to receive a copy of
        the report.