Victorian Current Acts Victorian Current Acts(1) This section applies on or after the commencement day to a person subject to a CYFA youth control order if the Children's Court determines to vary the order—
(a) on an application under section 409N(2) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day; or
(b) on its own initiative under section 409N(1) of that Act.
(2) Despite section 872, if the Children's Court determines to vary the CYFA youth control order by substituting a requirement of the order or attaching a new requirement to the order, the Court must—
(a) substitute an existing requirement with one or more special conditions or requirements specified in subsection (3); or
(b) add a requirement from one or more special conditions or requirements specified in subsection (3).
(3) The specified special conditions or requirements are—
(a) a developmental condition; or
(b) a restrictive condition; or
(c) the restorative condition.
(4) Despite section 872, in addition to the matters set out in section 409F(2) and (3) of the Children, Youth and Families Act 2005 , as in force immediately before the commencement day, the Children's Court must have regard to the following matters when varying a CYFA youth control order—
(a) the person's youth control order plan within the meaning of the Children, Youth and Families Act 2005 as in force immediately before the commencement day;
(b) the person's personal circumstances;
(c) the sentencing principles.