Victorian Current Acts Victorian Current ActsS. 38ZM(1) amended by No. 15/2015 s. 37(13).
(1) If at any time it appears to a person having supervision of a child under a non-custodial supervision order, the Secretary to the Department of Health and Human Services that the child—
(a) has failed to comply with the order; and
(b) is no longer in Victoria—
the person having supervision, the Secretary to the Department of Health and Human Services may apply to the Children's Court for a warrant to arrest the child.
S. 38ZM(2) amended by No. 6/2018 s. 68(Sch. 2 item 36.1).
(2) If the Children's Court is satisfied by evidence on oath or by affirmation or by affidavit, of the matters specified in subsection (1)(a) and (b), the court may order that a warrant to arrest be issued against the child.
(3) When a child arrested under a warrant issued under this section is returned to Victoria, he or she is to be detained in custody and treated or provided with services, if necessary, for his or her condition.
(4) Despite subsection (3), a child must be released from detention within 48 hours unless, within that period, an application is made under section 38ZK(1) for variation of the child's supervision order.
(5) The Children's Court must hear an application referred to in subsection (4) as soon as possible.
Notes
1 Section 498(1) of the Children, Youth and Families Act 2005 provides an offence of being absent without lawful authority from a youth justice centre or a youth residential centre. Section 498(2) and (3) of that Act provide for apprehension without warrant and the issue of a search warrant.
Note 2 to s. 38ZM amended by No. 39/2022 s. 816.
2 Section 563 of the Mental Health and Wellbeing Act 2022 provides for a warrant to arrest a security patient absent without leave who leaves Victoria.
S.
38ZN
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014
s. 48).