Victorian Current Acts Victorian Current ActsS. 38ZK(1) amended by No. 15/2015 s. 37(13).
(1) A person having the supervision of a child under a non-custodial supervision order ( the supervisor ), the Secretary to the Department of Health and Human Services may apply to the Children's Court for a variation of the order if it appears to the supervisor, the Secretary to the Department of Health and Human Services that the child has failed to comply with the order.
(2) The Children's Court may order that a warrant to arrest be issued against the child subject to the non-custodial supervision order if the child does not attend before the court on the hearing of the application.
S. 38ZK(3) amended by No. 6/2018 s. 68(Sch. 2 item 36.1).
(3) If the Children's Court is satisfied by evidence on oath or by affirmation or by affidavit, or by the admission of the child subject to the non‑custodial supervision order that the child has failed to comply with the order, the court must, by order—
(a) confirm the order; or
(b) vary the conditions of the order; or
(c) vary the order to a custodial supervision order.
Note
Section 47 requires that a certificate under that section be provided before a court makes a custodial supervision order.
(4) If the Children's Court varies a non-custodial supervision order to a custodial supervision order before the end of the term of the order, that term continues to run.
S.
38ZL
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014
s. 48).