Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An entity mentioned in table 22, column 2 (a referring entity ) may refer an offence for restorative justice at the stage described for the entity in column 3 in relation to the offence.
(2) However, for an offence involving a child offender, the referring entity may refer the offence for restorative justice at any time.
(3) In table 22:
"director-general (children and young people)" means the director-general of the administrative unit responsible for the administration of the Children and Young People Act 2008
, acting in that capacity.
"director-general (corrections)", in relation to an offender for whom a sentence-related order is made, means the director-general of the administrative unit responsible for the administration of the order, acting in that capacity.
"director-general (restorative justice)" means the director-general of the administrative unit responsible for the administration of this Act, acting in that capacity.
Example (definitions of all directors-general)
For this example, the administrative unit responsible for the administration of sentence-related orders (for both young and adult offenders) is also the administrative unit responsible for the administration of this Act and the Children and Young People Act 2008
. The administrative unit has a single director-general. That director-general, in different capacities corresponding to those different responsibilities, may be differently described as follows:
• The director-general is the director-general (children and young people) while exercising a function in relation to an offence allegedly committed by a child who is the subject of a care and protection order under the Children and Young People Act 2008
.
• The director-general is the director-general (corrections) while exercising a function in relation to a young or adult offender who is the subject of a sentence-related order.
• The director-general is the director-general (restorative justice) while exercising a function relating to the administration of this Act.
Note 1 If this Act refers simply to the director-general (without a tag) this is a reference to the director-general of the administrative unit responsible for the administration of this Act (see Legislation Act
, s 163).
Note 2 A director-general may delegate any powers given to the director-general under this Act under the Public Sector Management Act 1994
, s 20.
"prosecution referral", for an offender, means referral of the offender for prosecution by any of the following:
(a) a voluntary agreement to attend court;
(b) a court attendance notice under the Magistrates Court Act 1930
.
(c) a summons;
(d) the arrest and charging of the offender.
"therapeutic support panel—"see the Children and Young People Act 2008
, dictionary.
Table 22 Referring entities
|
column 1 item |
column 2 |
column 3 stage when referral may be made |
|---|---|---|
| 1 | chief police officer director-general (restorative justice) director-general (children and young people) police officer victims of crime commissioner | (a) after the offender is cautioned or apprehended; and (b) before a prosecution referral is made for the offender |
| 2 | director of public prosecutions | (a) after a prosecution referral is made for the offender; and (b) before a second mention hearing for the offence by a court has begun |
| 3 |
Magistrates Court (including the Childrens Court) Supreme Court | unless, or until, the offender pleads guilty to the offence— (a) after a second mention hearing for the offence has begun; and (b) before the end of a pre-hearing mention or case status inquiry for the offence |
| 4 |
Magistrates Court (including the Childrens Court) Supreme Court | if the offender pleads guilty to, or is found guilty of, the offence— (a) after the offender pleads guilty to, or is found guilty of, the offence (whether or not the offender has been convicted or sentenced); and (b) before the end of the proceeding |
| 5 | director-general (children and young people) director-general (corrections) director-general (restorative justice) sentence administration board victims of crime commissioner |
(a) after a court has made a sentence-related order in relation to the offender; and (b) before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later) |
6 | therapeutic support panel | at any time after a child offender has been referred to the panel |
| 7 | referring entity prescribed by regulation |
stage prescribed by regulation |