CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 258 Revocation of order
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 258
Revocation of order(1) The Secretary may apply to the Court to revoke a therapeutic treatment order or a therapeutic treatment (placement) order.
(2) If criminal proceedings against a child have been adjourned pending the completion by the child of a therapeutic treatment program under a therapeutic treatment order, the Secretary must seek the advice of the Therapeutic Treatment Board for advice before applying to the Court to revoke the therapeutic treatment order.
(3) The Secretary must give notice of the application to the child and the child's parent.
(4) A notice under subsection (3) must—
S. 258(4)(a) amended by No. 26/2023 s. 40.
(a) be issued out of the Court; and
(b) set out the grounds on which the Secretary seeks the revocation of the order; and
(c) be served on the child's parent and the child in accordance with section 594.
(5) The child or the parent of the child may apply to the Court for the revocation of a therapeutic treatment order or a therapeutic treatment (placement) order.
(6) An applicant under subsection (5) must serve a copy of the application on the Secretary and any other person who was a party to the application for the therapeutic treatment order or therapeutic treatment (placement) order a reasonable time before the hearing of the application.
(7) On an application under this section, the Court may revoke the therapeutic treatment order or therapeutic treatment (placement) order.
(8) A therapeutic treatment (placement) order is revoked when the therapeutic treatment order to which it relates is revoked.
Division 4—Irreconcilable differences