sec.238Chief executive’s application on contravention

### sec.238 Chief executive’s application on contravention This section applies if— a community based order is made against a child; and the chief executive reasonably believes the child has contravened the order; and either— 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 the chief executive is not required to warn the child under section 237 ; and the child has not been charged with an offence for the act or omission comprising the contravention. 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. The application may only be made during the period of the order. A copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry. 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. A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a community based order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive— does not know the child’s whereabouts and can not reasonably find out; or reasonably believes the child would not comply with a summons. A warrant issued under subsection (5) or (6) must state which part of the community based order has been contravened. For part 5 , a child arrested under the warrant must be treated as if arrested on a charge of an offence. In this section— parent , of a child, includes someone who is apparently a parent of the child. s 238 ins 2002 No. 39 s 98 amd 2014 No. 9 s 15 ; 2016 No. 38 s 34 (sec.238-ssec.1) This section applies if— a community based order is made against a child; and the chief executive reasonably believes the child has contravened the order; and either— 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 the chief executive is not required to warn the child under section 237 ; and the child has not been charged with an offence for the act or omission comprising the contravention. (sec.238-ssec.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. (sec.238-ssec.3) The application may only be made during the period of the order. (sec.238-ssec.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. (sec.238-ssec.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. (sec.238-ssec.6) A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a community based order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive— does not know the child’s whereabouts and can not reasonably find out; or reasonably believes the child would not comply with a summons. (sec.238-ssec.7) A warrant issued under subsection (5) or (6) must state which part of the community based order has been contravened. (sec.238-ssec.8) For part 5 , a child arrested under the warrant must be treated as if arrested on a charge of an offence. (sec.238-ssec.9) In this section— parent , of a child, includes someone who is apparently a parent of the child. - (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 - (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. - (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 - (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. - (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. - (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. - (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. - (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. - (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.