Victorian Current Acts Victorian Current Acts(1) This section applies on or after the commencement day to a person subject to a CYFA youth attendance order if—
(a) the Children's Court is satisfied in accordance with section 408(2) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, that the person has breached the CYFA youth attendance order (irrespective of when the breach occurred) and the Court determines to vary the order; or
(b) an application has been made under section 409 of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, in respect of the CYFA youth attendance order and the Children's Court, in accordance with that section, determines to vary the order.
(2) Despite section 872, the Children's Court must not vary an existing special condition attached to the CYFA youth attendance order, or substitute or add a special condition 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 CYFA youth attendance 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 CYFA youth attendance 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.
(3) Despite section 872, the Children's Court may—
(a) make the CYFA youth attendance order more restrictive by varying an existing special condition attached to it, or by substituting or adding a special condition under section 399(2) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, if the Court considers—
(i) that the person's compliance is unsatisfactory; and
(ii) that making the CYFA youth attendance order more restrictive would assist the person's compliance with the order; or
(b) make the CYFA youth attendance order less restrictive by varying an existing special condition attached to it, or by substituting or adding a special condition under section 399(2) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, if the Court considers—
(i) that the person's compliance is satisfactory; or
(ii) that the person's compliance is unsatisfactory but that making the CYFA youth attendance order less restrictive would assist the person's compliance with the order.
(4) In this section, varying an existing special condition attached to a CYFA youth attendance order includes—
(a) amending the condition; and
(b) suspending the operation of the condition; and
(c) revoking the condition.
Division 7—Youth control orders