303Application by Secretary or child to vary or revoke community-based order

303 Application by Secretary or child to vary or revoke community-based order

(1) The Secretary or a child in respect of whom an order specified in subsection (2) is in force, may apply to the Children's Court for variation or revocation of the order if—

(a) the circumstances of the child have changed since the making of the order; or

(b) the circumstances that were presented to the Children's Court or the Secretary before the order was made were incorrect; or

(c) the child is in custody or is otherwise unable to comply with the order; or

(d) the child is no longer willing to comply with the order.

(3) An application to vary or revoke a youth supervision and support order which is subject to judicial monitoring in accordance with Division 7 of Part 7.8 or a youth control order may be made—

(a) orally, when the child attends court for judicial monitoring under section 294; or

(b) by filing the application with the Children's Court.

(4) An application to vary or revoke any other order specified in subsection (2) may be made by filing the application with the Children's Court.

(5) As soon as practicable after filing an application under subsection (3)(b) or (4), a copy of the application and notice of the date set by the Children's Court for the hearing of the application must be served—

(a) if the child is the applicant, by the principal registrar on—

(i) the Secretary; and

(ii) the person or body who prosecuted the child for the offence to which the order relates (if applicable); or

(b) if the Secretary is the applicant, by the Secretary on—

(ii) the child's legal representative; and

(iii) the person or body who prosecuted the child for the offence to which the order relates (if applicable).