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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 117 Revocation and variation of certain orders

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 117

Revocation and variation of certain orders

(1)     If the court has made under this Act—

        (a)     a conditional discharge order; or

        (b)     a probation order; or

        (c)     a community service order; or

        (d)     an attendance centre order; or

        (e)     a residential order in relation to a young person; or

        (f)     an order committing a person to an institution or a State institution;

(the previous order ), the court may, on an application by the chief executive or anyone else, by order revoke or vary the previous order or make another order in substitution for the previous order.

(2)     The applicant must cause a copy of the application to be served—

        (a)     if the applicant is—

              (i)     the chief executive—on the community advocate; or

              (ii)     the community advocate—on the chief executive; or

              (iii)     someone other than the chief executive or the community advocate—on the chief executive and the community advocate; and

        (b)     if practicable—on at least 1 person with parental responsibility for the young offender who is the subject of the previous order, whether the person is resident in the Territory or not; and

        (c)     on the young offender; and

        (d)     on any other person that the court directs.

(3)     The court may make an order that appears to the court to be appropriate.

(4)     However, the previous order as varied or the order made in substitution for the previous order must be an order of the kind mentioned in subsection 96 (1), but the court must have regard to the circumstances at the time of hearing the application.

(5)     If a probation order has been made in respect of a young person without convicting the young person of an offence, the court may not, unless the court first convicts the young person of the offence, make—

        (a)     an order of the kind mentioned in paragraph 96 (1) (c), (d) or (e), in relation to the young person; or

        (b)     an attendance centre order or a residential order in relation to the young person or an order committing the young person to an institution or a State institution.

(6)     This section has effect even if the young person is for the time being living outside the Territory, whether under an order of a court or otherwise.