238 Chief executive’s application on contravention
(1) This section applies if—
(a) a community based order is made against a
child; and
(b) the chief executive reasonably believes the child has
contravened the order; and
(c) either—
(i) the contravention is believed to
have happened after the child has been given a warning, under section 237,
relating to a previous believed contravention of the order; or
(ii) the chief
executive is not required to warn the child under section 237; and
(d) the
child has not been charged with an offence for the act or omission comprising
the contravention.
(2) The chief executive, by way of complaint and summons
served on the child, may apply to a Childrens Court magistrate for a finding
that the child has contravened the order.
(3) The application may only be
made during the period of the order.
(4) A copy of the complaint must be
served on a parent of the child, unless a parent can not be found after
reasonable inquiry.
(5) A Childrens Court magistrate may issue a warrant for
the child’s arrest if the child fails to appear before the court in answer
to the summons.
(6) A justice may issue a warrant for the child’s arrest if
the chief executive—
(a) makes a complaint before the justice that the child
has contravened a community based order; and
(b) gives information before the
justice, on oath, substantiating—
(i) the matter of the complaint; and
(ii)
that the chief executive—
(A) does not know the child’s whereabouts and
can not reasonably find out; or
(B) reasonably believes the child would not
comply with a summons.
(7) A warrant issued under subsection (5) or (6) must
state which part of the community based order has been contravened.
(8) For
part 5 , a child arrested under the warrant must be treated as if arrested on
a charge of an offence.
(9) In this section—
"parent" , of a child, includes someone who is apparently a parent of the
child.
