Youth Justice Act 2024

This section applies on or after the commencement day to a person subject to a CYFA youth supervision order.

Despite section 872 and subject to subsection (3), the Children's Court may order that the person be subject to judicial monitoring in accordance with Division 7 of Part 7.8 and give the warning in section 295 if—

an application has been made under section 421 of the Children, Youth and Families Act 2005, as in force immediately before the commencement day, in respect of the CYFA youth supervision order and the Court determines to vary the order; or

the Court is satisfied in accordance with section 393 of the Children, Youth and Families Act 2005, as in force immediately before the commencement day, that the person has failed to observe a condition, or amended condition, of the CYFA youth supervision order (irrespective of when the failure occurred) and the Court determines to vary the order.

The Children's Court must not order that a person be subject to judicial monitoring in accordance with Division 7 of Part 7.8 unless—

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

the needs and personal circumstances of the person subject to the CYFA youth supervision order; and

the extent of the person's compliance with the conditions of the CYFA youth supervision order; and

the making of the CYFA youth supervision order subject to judicial monitoring is to—

improve the likelihood of the person addressing any factors underlying the person's offending behaviour; and

assist the person's rehabilitation.

For the purposes of subsection (2), a reference in Division 7 of Part 7.8 to a youth supervision and support order is taken to include a reference to a CYFA youth supervision order.