Australian Capital Territory Current Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 58

Monitoring compliance—referring entities

    (1)     The referring entity may do anything reasonable to check whether the agreement is being complied with.

Example

The example for section 57 (1) applies in relation to the checking of compliance by the referring entity.

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

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

    (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 s 22, 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 (corrections) or director-general (children and young people) to a delegate of the director-general as director-general (restorative justice).



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