309Variation or revocation of community-based order for contravention

309 Variation or revocation of community-based order for contravention

(1) At the hearing of an application under section 307 or pursuant to a notice to appear served under section 308(1), if the Children's Court is satisfied that a child has contravened the order (the contravened order), the Court may—

(a) dismiss the application; or

(b) subject to subsection (2), vary the contravened 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 by 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 the child be subject to judicial monitoring in accordance with Division 7 of Part 7.8; or

(c) subject to subsection (4), revoke the contravened order and make any order in respect of the offence or offences which the Court could have made if it had not made the contravened order; or

(d) subject to subsection (4), if the contravened order has since expired—

(i) make any order in respect of the offence or offences which the Court could have made if it had not made the contravened order; or

(ii) dismiss the application.

(2) The Children's Court must not extend the period of the contravened order unless the child has contravened a core condition of 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 a period of up to 3 months; and

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

(3) In determining what action to take under subsection (1), the Children's Court may take into account—

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

See Division 6 of Part 9.2 for the obligation on the Secretary to prepare a contravention report and Division 1 of that Part for general provisions in relation to contravention reports.

(b) the extent to and manner in which the child has complied with the contravened order; and

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

(d) the period for which the order has been in force.

(4) The Children's Court may not impose a sentence that is higher in the sentencing hierarchy set out in section 240(1) than the contravened order unless—

(a) during the term of the contravened order, the child commits an offence punishable on first conviction with imprisonment for a term of 5 years or more; or