New South Wales Consolidated Acts

CHILDREN (COMMUNITY SERVICE ORDERS) ACT 1987 - SECT 21A

21A Revocation of children’s community service order

(1) On receiving an application for revocation of a children’s community service order, the Children’s Court may:

(a) in the case of an order made by the Children’s Court:

(i) revoke the order, or

(ii) revoke the order and deal with the person in respect of whom the order was made, for the offence in respect of which the order was made, in any manner in which the person could have been dealt with for that offence by the Children’s Court had the order not been made, or

(b) in the case of an order made by some other court, subject to the Bail Act 1978 , commit the person to custody until the person can appear or be brought before that other court, whether or not that other court is constituted by the same person as that by whom it was constituted when the order was made.

(2) If, pursuant to subsection (1) (b), a person appears or is brought before a court that made a children’s community service order in respect of the person, the court may:

(a) revoke the order, or

(b) revoke the order and deal with the person, for the offence in respect of which the order was made, in any manner in which the person could have been dealt with for that offence by the court had the order not been made.

(3) A person on whom a penalty is imposed as a consequence of the revocation of a children’s community service order under this section has the same rights of appeal as if the penalty had been imposed when the person was convicted of the offence to which the penalty relates.

(4) For the purposes only of determining an application for revocation of a children’s community service order, the order is taken to be in force even if the relevant maximum period has expired.