Victorian Current Acts Victorian Current ActsS. 32(1) amended by No. 7/2002 s. 12(1).
(1) On an application under section 31 for variation of a custodial supervision order or on a review of a custodial supervision order directed under section 27(2) or on a further review of a custodial supervision order directed under subsection (5) or section 33(2), the court must, by order—
(a) confirm the order; or
(b) vary the place of custody; or
(c) subject to this section, vary the order to a non-custodial supervision order.
(2) The court must not vary a custodial supervision order to a non-custodial supervision order during the nominal term unless satisfied on the evidence available that the safety of the person subject to the order or members of the public will not be seriously endangered as a result of the release of the person on a non-custodial supervision order.
(3) In the case of a forensic patient or forensic resident—
(a) the court must not vary a custodial supervision order to a non-custodial supervision order (whether during or after the nominal term) unless the forensic patient or forensic resident has completed a period of at least 12 months extended leave granted by the court under section 57; and
(b) in deciding an application to vary a custodial supervision order to a non-custodial supervision order, the court must take into account whether or not the forensic patient or forensic resident has complied with any conditions of their extended leave.
(4) If the court varies a custodial supervision order to a non-custodial supervision order before the end of the nominal term, that nominal term continues to run.
S. 32(5) substituted by No. 7/2002 s. 12(2), amended by No. 20/2015 s. 33.
(5) The court may direct that the matter be brought back to the court for further review at the end of the period specified by the court.
S. 32(6) inserted by No. 7/2002 s. 12(2).
(6) A direction may be given under subsection (5) more than once.
S. 33 amended by No. 7/2002 s. 12(3)(4) (ILA s. 39B(1)).