Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 294

Reporting and monitoring of youth supervision and support orders and youth control orders

    (1)     This section applies to a child in respect of whom—

        (a)     a youth supervision and support order is in force which is subject to judicial monitoring in accordance with this Division; or

        (b)     a youth control order is in force.

    (2)     The Children's Court must direct that a child in respect of whom a youth control order is in force attend the Court at least monthly for the first half of the period of the order.

    (3)     A child must attend Court—

        (a)     as directed under subsection (2); and

        (b)     from time to time as directed by the Court, for the Court to consider—

              (i)     the child's compliance with the order; and

              (ii)     the ongoing suitability of the conditions of the order.

    (4)     The Children's Court may require any of the following to attend court to provide information, either verbally or in writing, for the purposes of a child's attendance under subsection (3)—

        (a)     the Secretary;

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

        (c)     any other person the Court considers appropriate.

    (5)     When a child attends the Children's Court under this section, the Court must consider whether the order should be varied under section 304(4).

    (6)     When a child attends the Children's Court under this section, the Court is to be constituted by the judicial officer who sentenced the child unless—

        (a)     that judicial officer no longer holds office as a judicial officer; or

        (b)     the matters in this section were remitted to the Court under section 279 or 287; or

        (c)     it is otherwise impracticable for that judicial officer to constitute the Court.

    (7)     If a child fails to attend the Children's Court as directed by the Court under subsection (2) or (3)(b), a magistrate constituting the Court may issue a warrant to arrest the child.

Note

Division 8 of Part 9.2 requires the Secretary to provide a judicial monitoring report to the Children's Court about the child's compliance with the order before each attendance by the child before the Court under this Division.



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