22CY

Court may vary, extend or revoke support and engagement order at review hearing

Current

S. 22CY inserted by No. 47/2021 s. 6.

(1)

At the review hearing, the court may do any of following things if satisfied that it is appropriate to do so in order to achieve a therapeutic purpose for the supported person—

(a)

vary the support and engagement order;

(b)

vary the support and engagement plan attached to the order;

(c)

extend the order.

(2)

Without limiting subsection (1)(a), the court may vary the support and engagement order by imposing a condition on it in accordance with section 22CR.

Note

See section 22CX in relation to the review of conditions already attached to the order.

(3)

If the court decides to extend the support and engagement order, it is to do so by changing the period for which the order is to operate.

Note

Section 22CQ(1)(b) requires that this period be specified in the order.

(4)

The extension of a support and engagement order—

(a)

must not result in the period of the order exceeding 2 years; or

(b)

must not be so long that, at the end of the extended period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more.

S. 22CY(5) amended by No. 2/2024 s. 41(8).

(5)

The total period referred to in subsection (4)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.

(6)

At the review hearing, the court may revoke the support and engagement order if—

(a)

the court—

(i)

finds, in accordance with section 22CI, that the supported person is no longer radicalising towards violent extremism; or

(ii)

is not satisfied that a support and engagement order remains an appropriate way to achieve a therapeutic purpose for the supported person; and

(b)

the court is satisfied that it is appropriate to revoke the order.

(7)

In considering whether to revoke the support and engagement order, the court must have regard to—

(a)

whether each of the following persons supports or opposes the proposed revocation, and the grounds on which they do so—

(i)

the supported person;

(ii)

the Chief Commissioner of Police;

(iii)

the Secretary; and

(b)

whether the order is an appropriate way to achieve a therapeutic purpose for the supported person; and

(c)

the protection of the community; and

(d)

any other factor that the court considers relevant.

This Act’s bill:Second reading speech

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