Section 309 — Children, Young Persons, and Their Families Act 1989: Failure to observe conditions of supervision order or supervision with activity order

309 Failure to observe conditions of supervision order or supervision with activity order (1) Where the Court makes an order under section 283(k) or section 307 of this Act placing a young person under the supervision of the chief executive or a person or organisation specified in the order, the chief executive or, as the case may be, that person or organisation may, in any case where the young person has failed to comply with a condition of the order (including any condition imposed under section 306 of this Act), apply to the Court for a declaration that the young person has failed to comply with the condition. (2) The Court may, on any application under subsection (1) of this section, where it is satisfied that any young person or the parent or guardian or other person having the care of the young person has failed, without reasonable excuse, to comply with the condition of the order, make a declaration to that effect and may— (a) Cancel the order, and in substitution for that order make such other order under section 283 of this Act as the Court thinks fit; or (b) Make any order that the Court is empowered to make under section 310 of this Act as if an application had been made under that section in relation to that order. (3) Every application under this section shall be served on the young person to whom the order relates and on any parent or guardian or other person having the care of the young person. Compare: 1974 No 72 s 48(1)-(3) Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .