CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 409 Application for variation or revocation of order
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 409
Application for variation or revocation of order(1) Subject to subsections (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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
S. 409(5)(f) amended by No. 68/2009 s. 68(1)(j).
(f) an order revoking the youth attendance order and imposing any sentence 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 subsection (1) fails to appear before the Court at the time fixed for the hearing of the application, a warrant to arrest the person 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 subsection (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.
S. 409(8) amended by No. 68/2009 s. 68(1)(k).
(8) If it is not possible for the Court to deal immediately with an application under subsection (1) in respect of which the person has been arrested under subsection (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 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 subsection (1), the person must be detained in a youth justice 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 justice 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 subsection (5)(d).
Ch. 5 Pt 5.3 Div. 8A (Headings and ss 409A– 409ZA) inserted by No. 43/2017 s. 13.
Division 8A—Youth control orders
Subdivision 1—Youth control orders
S. 409A inserted by No. 43/2017 s. 13.