Variation or revocation of supervision order
43ZD Variation or revocation of supervision order
(1) Any of the following persons may apply to the court for an order varying or revoking a supervision order:
the Director of Public Prosecutions;
the supervised person;
(c) a person having the custody, care, control or supervision of the supervised person;
(d) any other person who has an interest that the court recognises as proper for the purposes of making the application.
(2) A person who makes an application under subsection (1) must give notice of the application at least 14 days before the hearing of the application to:
the Director of Public Prosecutions; and
the supervised person; and
the next of kin (if any) of the supervised person; and
(d) a person having the custody, care, control or supervision of the supervised person.
(3) If, on an application to vary or revoke a supervision order by the supervised person, the court refuses the application, the supervised person must not make another application within 12 months after the date of the court's refusal or any other period (which may be lesser or greater) the court fixes.
(3A) The court may adjourn the hearing for the application if the court considers it appropriate to do so.
(3B) If the court adjourns the hearing under subsection (3A), the court may make interim orders for the supervised person (including, for example, an order that the supervised person be remanded in custody in a custodial correctional facility or another place the court considers appropriate).
(3C) The court must not make an interim order under subsection (3B) remanding the supervised person in custody in a custodial correctional facility unless the court is satisfied there is no practical alternative given the circumstances of the supervised person.
To avoid doubt:
(a) the making of an interim order under subsection (3B) does not revoke the supervision order; and
(b) subject to a direction by the court – the supervision order continues to have effect while an interim order under subsection (3B) is in force.
On hearing the application, the court may:
confirm the supervision order the subject of the application; or
(b) if the application is for an order revoking the supervision order:
(i) revoke the supervision order and release the supervised person unconditionally; or
vary the conditions of the supervision order; or
if the application is for an order varying the supervision order:
vary the conditions of the supervision order;
(ii) where the supervision order is a non-custodial supervision order – vary the supervision order to a custodial supervision order; or
(iii) where the supervision order is a custodial supervision order – vary the supervision order to a non-custodial supervision order.
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