Victorian Current Acts Victorian Current Acts(1) This section applies on or after the commencement day to a person subject to a CYFA probation order if—
(a) the Children's Court is satisfied in accordance with section 384(5) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, that the person has failed to observe a condition, or amended condition, of the CYFA probation order (irrespective of when the failure occurred) and the Court determines under that section to vary, add or substitute any special condition of the order; or
(b) an application has been made under section 421 of the Children, Youth and Families Act 2005 , as in force immediately before that commencement, in respect of the CYFA probation order and the Children's Court determines under section 421(5) of that Act to vary the order.
(2) Despite section 872, the Children's Court must—
(a) substitute an existing special condition attached to the CYFA probation order with one or more special conditions specified in subsection (3); or
(b) add a special condition to the CYFA probation order from one or more conditions specified in subsection (3).
(3) The specified conditions are—
(a) a developmental condition; or
(b) a restrictive condition set out in section 297(a) or (b).
(4) The Children's Court must not vary an existing special condition attached to the CYFA probation order, or substitute or add a special condition specified in subsection (3) to the order, unless—
(a) the Court considers it appropriate to do so, based on its assessment of—
(i) the needs and personal circumstances of the person subject to the order; and
(ii) the availability of support services to meet the person's needs; and
(iii) the extent of the person's compliance with the conditions of the order; and
(b) the variation or addition is to—
(i) improve the likelihood of the person addressing any factors underlying the person's offending behaviour; and
(ii) assist the person's rehabilitation.
(5) Despite section 872, the Children's Court may—
(a) make the CYFA probation order more restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—
(i) that the person's compliance is unsatisfactory; and
(ii) that making the order more restrictive would assist the person's compliance with the order; or
(b) make the CYFA probation order less restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—
(i) that the person's compliance is satisfactory; or
(ii) that the person's compliance is unsatisfactory but making the order less restrictive would assist the person's compliance with the order.
(6) In this section, varying an existing special condition attached to a CYFA probation order includes—
(a) amending the condition; and
(b) suspending the operation of the condition; and
(c) revoking the condition.
Division 5—Youth supervision orders