304Variation or revocation of community-based order

304 Variation or revocation of community-based order

(1) On an application under section 303(1), if the Children's Court considers it appropriate to do so it may—

(a) dismiss the application; or

(b) subject to subsection (2), vary the order by doing one or more of the following—

(i) in accordance with Part 7.9, vary a special condition attached to the order, including suspending or revoking the condition;

(ii) in accordance with Part 7.9, attach a special condition permitted to be attached to the order;

(iii) if the order is a youth supervision and support order, order that the child be subject to judicial monitoring in accordance with Division 7 of Part 7.8; or

(c) revoke the order and make no further order in respect of the offence or offences for which the order was made; or

(d) subject to subsection (3), revoke the order and make any order in respect of the offence or offences which the Court could have made if it had not made the revoked order.

(2) The Children's Court must not extend the period of the order unless the Court is varying a community service order, in which case the Court—

(a) may extend the period within which the community service activities are required to be performed by up to 3 months; and

(b) must not increase the number of hours of community service activities that the child is required to perform under the order.

(3) If the applicant is the Secretary, the Children's Court must not make a youth justice custodial order.

(4) When the child attends court for judicial monitoring under section 294, the Children's Court, on its own motion, may exercise any of the powers in subsection (1)(b) to (d), other than revoking a youth control order, if it considers it appropriate to do so.

(5) In determining whether it is appropriate to exercise a power under subsection (1) or (4), the Children's Court must take into account—

(a) a variation report in respect of the child; and

(b) the fact that the order was considered appropriate at the time of sentencing; and

(c) the extent to which the child has complied with the order including, if applicable, any judicial monitoring reports and discussions at attendances at the Court under section 294; and

(d) the child's youth justice plan, if any.

See Division 5 of Part 9.2 for the obligation to prepare a variation report and Division 1 of that Part for general provisions in relation to the report.