Victorian Current Acts Victorian Current Acts(1) In determining whether to vary a registration order, the court must have regard to—
(a) the reasons for making the registration order; and
(b) any change in the corresponding registrable offender's circumstances since the registration order was made or last varied; and
(c) the matters set out in section 66J and, if the corresponding registrable offender is a child, section 66K; and
(d) any other matters that the court considers relevant.
(2) In determining an application for variation of a registration order made against a corresponding registrable offender who is a child, the Children's Court may—
(a) have regard to any assessment report and community treatment report prepared for the hearing for the registration order;
(b) order the preparation of a new assessment report;
(c) if an assessment report referred to in paragraph (a) or (b) raises concerns about the impact of varying the registration order on the child, order the preparation of a community treatment report.
(3) Section 66L applies in respect of an assessment report ordered under subsection (2)(b), as if the report had been ordered by the Children's Court under section 66L(1).
S. 66ZZ inserted by No. 21/2016 s. 8.
66ZZ Court may vary a registration order
(1) The court may vary a registration order—
(a) if satisfied that—
(i) there has been a change in the corresponding registrable offender's circumstances since the registration order was made so that a variation is necessary to enable enforcement of the registration order; or
(ii) the
corresponding prohibition order has been varied in the State or
Territory in which it was made,
and a corresponding variation of the
registration order is appropriate; or
(b) in the case of an application for variation made by the corresponding registrable offender, if the Chief Commissioner of Police consents to the variation.
(2) The court may vary a registration order to include any condition the court could have included in a prohibition order under Division 5 or 6.
(3) If the court varies a registration order, the court must give the corresponding registrable offender a written notice that—
(a) states that an order varying the registration order has been made; and
S. 66ZZ (3)(b)(c) repealed by No. 25/2017 s. 40.
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(d) includes any other prescribed information.
(4) The written notice must—
(a) if the corresponding registrable offender is before the court, be given to the corresponding registrable offender with a copy of the order varying the registration order; or
(b) if the corresponding registrable offender is not before the court, be served on the corresponding registrable offender with a copy of the order varying the registration order.
S. 66ZZA inserted by No. 21/2016 s. 8.