Youth Justice Act 2024

In addition to the requirements in section 301, the Children's Court must not vary a special condition attached to an existing order, or attach a special condition to an existing order, under Part 7.10 or 7.11 unless—

the Court considers it appropriate to do so, based on its assessment of—

the needs and personal circumstances of the child subject to the order; and

the availability of support services to meet the child's needs; and

the extent of the child's compliance with the conditions of the order; and; and

the safety of any victim of the child's offending; and

the variation or addition—

is to improve the likelihood of the child addressing any factors underlying their offending behaviour and assist the child's rehabilitation; or

relates to protecting the safety of any victim of the child's offending.

The Children's Court may—

make an order more restrictive by varying a special condition attached to it, or by attaching a special condition to it, if the Court considers—

that the child's compliance is unsatisfactory; and

that making the order more restrictive would assist the child's compliance with the order; or

make an order less restrictive by varying a special condition attached to it, or by attaching a special condition to it, if the Court considers—

that the child's compliance is satisfactory; or

that the child's compliance is unsatisfactory but that making the order less restrictive would assist the child's compliance with the order.

In this section, varying a special condition attached to an order includes—

amending the condition; and

suspending the operation of the condition; and

revoking the condition.