VICIn ForceAct
Children, Youth and Families Act 2005
409NVariation of youth control order
Start here
Get a plain-English read of 409N
Turn the raw legal text into a practical explanation grounded in Children, Youth and Families Act 2005.
409N Variation of youth control order
(1) The Court may vary a youth control order in respect of a child from time to time if the Court considers it appropriate to do so, based on its assessment of the child's compliance having regard to reports and discussions at attendances at the Court under section 409L.
(2) The Court may vary an order under subsection (1) on its own initiative, or on the application of—
(a) the child or, if the child is aged under 15 years, the child's parent; or
(3) An application under subsection (2) may be made—
(a) orally, when the child attends Court under section 409L; or
(b) by filing an application with the Court and serving a copy of the application—
(i) if the application is made by the child or the child's parent—on the Secretary; or
(ii) if the application is made by the Secretary—on the child and, if the child is aged under 15 years, the child's parent.
(4) Variations of a youth control order may—
(a) make the order more restrictive, if the Court considers that the child's compliance is unsatisfactory and the Court considers that making the order more restrictive would assist the child's compliance with the order; or
(b) make the order less restrictive if—
(i) the Court considers that the child's compliance is satisfactory; or
(ii) the Court considers that the child's compliance is unsatisfactory but that making the order less restrictive would assist the child's compliance with the order.
(5) When varying a youth control order, the Court must have regard to the matters set out in section 409F(2) and (3).
S. 409O inserted by No. 43/2017 s. 13.