30Variation or revocation of supervision order

### 30 Variation or revocation of supervision order > > (1)  [*\[Section 30 Subsection (1) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS17@Hpa@EN) [*\[Section 30 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja11@GC10@EN) [*\[Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpc@EN) [*\[Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpb@EN) [*\[Section 30 Subsection (1) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpa@EN) At any time while a supervision order is in force, the Supreme Court may, on the application of the Secretary of the responsible Department in relation to the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) , the Chief Psychiatrist, the defendant or any other person with a proper interest in the matter, vary or revoke the supervision order and, if the order is revoked, make, in substitution for the order, any other order that the Supreme Court might have made under [section 18(2)](#GS18@Gs2@EN) or [21](#GS21@EN) in the first instance. > > > (2)  Without limiting the persons who may apply to vary or revoke a supervision order, a person has a proper interest in the matter if the person has the care and control of the person subject to the supervision order. > > > (3)  [*\[Section 30 Subsection (3) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpe@EN) [*\[Section 30 Subsection (3) amended by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpd@EN) If the Supreme Court refuses an application by or on behalf of a defendant for variation or revocation of a supervision order, a later application for variation or revocation of the order may not be made by or on behalf of the defendant for 6 months or such other period as the Supreme Court may direct on refusing the application. > > > (4)  [*\[Section 30 Subsection (4) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS17@Hpb@EN) [*\[Section 30 Subsection (4) inserted by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpf@EN) Before determining an application, the Supreme Court may order the Chief Psychiatrist, the controlling authority of a secure mental health unit or any other person or body to provide a report in respect of the matters specified in the order. > > > (5)  [*\[Section 30 Subsection (5) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS17@Hpc@EN) [*\[Section 30 Subsection (5) inserted by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpf@EN) For the purposes of a report, the defendant is to make himself or herself available for examination as required by the Chief Psychiatrist, the controlling authority of a secure mental health unit or the person or body providing the report. > > > (6)  [*\[Section 30 Subsection (6) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS17@Hpd@EN) [*\[Section 30 Subsection (6) inserted by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpf@EN) The Chief Psychiatrist, the controlling authority of a secure mental health unit or the person or body who provides a report is to provide a copy of it to the applicant, defendant and Director of Public Prosecutions as soon as practicable. > > > (7)  [*\[Section 30 Subsection (7) inserted by No. 72 of 2005, s. 103, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS103@Hpf@EN) For the purposes of a hearing by the Supreme Court for the variation or revocation of a supervision order – > > > > > > (a) an application is to be in writing with a copy served on the Director of Public Prosecutions and, if the defendant is not the applicant, on the defendant; and > > > > > > > (b) the Director of Public Prosecutions or counsel representing the Director of Public Prosecutions must appear for the Crown at the hearing of the application; and > > > > > > > (c) the defendant may be present at the hearing of the application unless the Court makes an order to the contrary; and > > > > > > > (d) the applicant, the defendant and the Director of Public Prosecutions may call evidence in support of, or in opposition to, the application; and > > > > > > > (e) if a party causes a report to be prepared relating to the application and intends to tender the report as evidence, that party must provide each other party with a copy of the report; and > > > > > > > (f) if a party puts any such report in evidence – > > > > > > > > > > (i) each other party is entitled to cross-examine the person who made the report; and > > > > > > > > > > > (ii) the party who put the report in evidence may, after any such cross-examination, examine the person making the report by way of reply; and > > > > > > > (g) [*\[Section 30 Subsection (7) amended by No. 4 of 2023, s. 17, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS17@Hpe@EN) the Court may order the Chief Psychiatrist or any other person or body to prepare and submit to the Court a report in respect of such matters relating to the defendant as the Court may specify.