Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) section 23, section 57, section 58 or section 68 requires a director-general, in the director-general's capacity as responsible for a particular matter (the first capacity ) to give a referral or report to a director-general, in the director-general's capacity as responsible for another matter (the second capacity ); and
(b) a single director-general acts in both the first and second capacities.
(2) A director-general mentioned in subsection (1) must ensure that administrative arrangements are made for a delegate of the director-general in the first capacity to give the referral or report to a delegate of the director-general in the second capacity who is a different person from the delegate in the first capacity.
Example
Pat has been found guilty of an offence but, without convicting Pat, the court makes a good behaviour order under the Crimes (Sentencing) Act 2005
, section 17 (Non-conviction orders—general). The offence is referred for restorative justice by the director-general (corrections).
After a restorative justice conference, Pat enters into a restorative justice agreement with the victim of the offence. Under the agreement, Pat promises to attend a rehabilitation program on a particular night of the week for 3 months. However, after 2 weeks, Pat breaches the agreement by stopping to attend the program.
The director-general (restorative justice) becomes aware of the breach of the agreement. Under section 57 (2), the director-general (restorative justice) must report the breach to the referring entity, the director-general (corrections). However, the director-general (restorative justice) is the same person as the director-general (corrections).
This section requires the director-general to ensure that administrative arrangements are made for the report to be given by a delegate of the director-general in the director-general's capacity as administering this Act to someone else who is a delegate of the director-general in the director-general's capacity as administering sentence-related orders such as the order for Pat.