Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38ZH

Supervision orders

    (1)     If the Children's Court declares that a child is liable to supervision under this Division, the court must make a supervision order in respect of the child.

    (2)     The purpose of a supervision order is to ensure that a child receives treatment, support, guidance and assistance for the child's mental impairment or other condition or disability.

    (3)     A custodial supervision order has an additional purpose of protecting the child or the community while the child receives the treatment, support, guidance and assistance referred to in subsection (2).

    (4)     A child may be subject to a custodial supervision order only for as long as is required for the protection of the child or the community.

    (5)     A supervision order may—

        (a)     commit the child to custody ( custodial supervision order ); or

        (b)     release the child on conditions decided by the Children's Court and specified in the order ( non‑custodial supervision order ).

    (6)     The Children's Court must not make a supervision order unless it has received—

        (a)     a report under Division 6 as to supervision; and

        (b)     a certificate under section 47 stating that the facilities or services necessary for the supervision order are available.

    (7)     The Children's Court must not make a custodial supervision order unless the court finds that—

        (a)     there is no practicable alternative in the circumstances; and

        (b)     the order is required for the protection of the child or the community.

S. 38ZI
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback