Australian Capital Territory Current Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 57

    (1)     The director-general (restorative justice) may do anything reasonable to check whether the restorative justice agreement is being complied with.

Example

Alex has been convicted and sentenced for an offence. As a condition of the sentence, Alex has taken part in restorative justice. After a restorative justice conference, Alex signed a restorative justice agreement with the victim agreeing to perform 50 hours unpaid work for a charity service organisation. The director-general (restorative justice) may, under this subsection, contact the organisation at reasonable intervals to make sure that Alex performs the work satisfactorily.

    (2)     If the director-general (restorative justice) is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the director-general must report the noncompliance to the referring entity.

    (3)     If the director-general (restorative justice) is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the director-general must report the compliance to the referring entity.

    (4)     Subsections (2) and (3) do not apply if the referring entity is the director-general (restorative justice).

Note 1     The referring entity may be the director-general (restorative justice) under table 22, item 1 or 5.

Note 2     Section 72 deals with what happens if the referring entity is the same director-general as the director-general (restorative justice), but the referring entity is the director-general in his or her capacity as director-general (corrections) or director-general (children and young people).

    That section provides that the director-general must ensure that appropriate administrative arrangements are made for the report to be given by a delegate of the director-general as director-general (restorative justice) to a delegate of the director-general as director-general (corrections) or director-general (children and young people).