Variation or cancellation of behaviour management orders
10T Variation or cancellation of behaviour management orders
A court may make an order (a variation or cancellation order) varying or cancelling a behaviour management order if —
in relation to a behaviour management order —
there is no longer any behaviour change programme that is reasonably practicable for the respondent to attend; or
in all the circumstances of the case, the order is no longer appropriate for any other reason;
or
in relation to a behaviour change order, there has been a change in the circumstances in which the order was made that significantly impacts on the respondent’s ability or capacity to participate in a behaviour change programme.
A court may make the order on its own initiative or on the application of —
the respondent; or
in relation to an eligibility assessment order, the eligibility assessor; or
in relation to a behaviour change order, the behaviour change programme provider.
The appropriate registrar for the court must cause a copy of an application under subsection (2) to be served on —
in relation to an application by the respondent, the eligibility assessor or behaviour change programme provider, as the case may be; or
in relation to an application by the eligibility assessor or behaviour change programme provider, the respondent.
[Section 10T inserted: No. 49 of 2016 s. 14.]
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