Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 62

(1)     Subject to subsection (5), where the court has made a conditional discharge order, a probation order, an attendance centre order or a residential order in respect of a child, or an order committing a child to an institution or a State institution (in this section referred to as the “previous order”), the court may, on an application by the director or any other person, by order revoke or vary the previous order or make another order in substitution for the previous order.

(2)     The applicant shall cause a copy of the application to be served—

        (a)     if the applicant is—

              (i)     the director—on the community advocate;

              (ii)     the community advocate—on the director; or

              (iii)     a person other than the director or the community advocate—on the director and the community advocate;

        (b)     if practicable, on at least 1 of the parents of the child concerned, whether the parent is resident in the Territory or not;

        (c)     on the child concerned; and

        (d)     on any other person that the court directs.

(3)     The previous order as varied or the order made in substitution for the previous order shall be an order of the kind mentioned in subsection 47 (1) but the court shall have regard to the circumstances at the time of the hearing.

(4)     Subject to subsection (3), the court may make any order that appears to the court to be appropriate.

(5)     Where a probation order has been made in respect of a child without convicting the child of an offence, the court shall not make—

        (a)     an order of the kind referred to in paragraph 47 (1) (c), (d) or (e), in respect of the child; or

        (b)     an attendance centre order or a residential order in respect of the child or an order committing the child to an institution or a State institution;

unless the court first convicts the child of the offence.

(6)     This section has effect notwithstanding that the child is, whether under an order of a court or otherwise, for the time being living outside the Territory.

Division 3A—Transfer between institutions