Victorian Current Acts Victorian Current Acts(1) Despite section 872, on or after the commencement day, if—
(a) a person subject to a Children, Youth and Families Act order (other than a CYFA youth residential centre order, a CYFA youth control order or a CYFA youth justice centre order) comes before the Children's Court in accordance with the provisions of Part 5.3 of Chapter 5 of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, in relation to—
(i) an application to vary or revoke the Children, Youth and Families Act order; or
(ii) a breach of that order; and
(b) the Children's Court determines to revoke the Children, Youth and Families Act order and make a new order in respect of the offence or offences for which the person was subject to the Children, Youth and Families Act order—
the Court must make an order under this Act in respect of the offence or offences that the Court could have made had it found the person guilty of the offence or offences in accordance with this Act.
Note
See also section 863 which provides that a sentence imposed on or after the commencement day must be imposed in accordance with this Act irrespective of when the offence was committed.
(2) For the purposes of this Part and determining an appropriate order to make under this Act, the Children's Court must consider making an order that would be at a similar level of the sentencing hierarchy in section 240(1) to the Children, Youth and Families Act order that is being revoked, unless it is inappropriate in the circumstances.
Example
A youth supervision order under the Children, Youth and Families Act 2005 will be most similar to a youth supervision and support order with minimal restrictive conditions and no judicial monitoring.