Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 185

Application for variation or revocation of order

185. Application for variation or revocation of order



(1) Subject to sub-sections (2), (3) and (4), the Secretary or a person in
respect of whom a youth attendance order is in force may apply to the Court
for a variation or the revocation of the youth attendance order.

(2) An application under sub-section (1) may be made where-

   (a)  the circumstances of the person-

   (i)  have changed since the making of the youth attendance order; or

   (ii) were not accurately presented to the Court or the Secretary before the
        making of the youth attendance order; or

   (b)  the person is in custody or is otherwise unable to comply with the
        youth attendance order; or

   (c)  the person is no longer willing to comply with the order.



(3) If the Secretary is the applicant under sub-section (1), the Secretary
must, as soon as practicable after the making of the application, send by
registered post to, or serve personally on, the person in respect of whom the
order is in force a notice of the date set by the Court for the hearing of the
application.

(4) If the person in respect of whom the order is in force is the applicant
under sub-section (1), the principal registrar must, as soon as practicable
after the making of the application, send by registered post to, or cause to
be served personally on, the Secretary a notice of the date set by the Court
for the hearing of the application.

(5) In dealing with an application under sub-section (1), the Court must take
into account-

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



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

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

and, subject to sub-section (6), may make-

   (d)  an order varying the youth attendance order, but not extending the
        period of the order; or



   (e)  an order directing that the youth attendance order continue in force;
        or

   (f)  an order revoking the youth attendance order and imposing any
        sentencing order that the Court thinks just but must not make an order
        for the person to be kept in custody for a period longer than the
        period of the breached youth attendance order.

(6) If a person in respect of whom an application is made under sub-section
(1) fails to appear before the Court at the time fixed for the hearing of the
application, a warrant to arrest the child may be issued by the Court.

(7) Division 3 of Part 4 of the Magistrates' Court Act 1989 applies, with any
necessary modifications, to warrants under sub-section (6), and in particular
with the modification that a reference to the bringing of a person before the
Magistrates' Court is to be construed as a reference to bringing the person as
soon as practicable before the Children's Court.

(8) If it is not possible for the Court to deal immediately with an
application under sub-section (1) in respect of which the person has been
arrested under sub-section (6), for the purposes of granting bail the
provisions of this Act and the Bail Act 1977 apply, with any necessary
modifications, and in particular with the modification that a reference to a
person accused of an offence or an accused person is to be construed as a
reference to the person.

(9) If a person is being held in custody pending the determination of an
application under sub-section (1), the person must be detained in a
youth training centre.

(10) If a person changes his or her place of residence, the Secretary may, on
receipt of an application in writing by the person, send by registered post
to, or serve personally on, the person a written authority to attend at
another youth supervision unit specified in the authority at the time and
place specified in the authority and the giving of the authority has effect as
if it were a variation of a youth attendance order by the Court under
sub-section (5)(d).



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Subdivision 9-Youth Residential Centre Orders