Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) An entity mentioned in table 22, column 2 (a referring entity ) may refer an offence for restorative justice at the stage of the criminal justice process described for the entity in column 3 in relation to the offence.
(2) In table 22:
"chief executive (children and young people)" means the chief executive of the administrative unit responsible for the administration of the Children and Young People Act 1999 , acting in that capacity.
"chief executive (corrections)", in relation to an offender for whom a sentence-related order is made, means the chief executive of the administrative unit responsible for the administration of the order, acting in that capacity.
"chief executive (restorative justice)" means the chief executive of the administrative unit responsible for the administration of this Act, acting in that capacity.
Example (definitions of all chief executives)
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 1999 . The administrative unit has a single chief executive. That chief executive, in different capacities corresponding to those different responsibilities, may be differently described as follows:
• The chief executive is the chief executive (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 1999 .
• The chief executive is the chief executive (corrections) while exercising a function in relation to a young or adult offender who is the subject of a sentence-related order.
• The chief executive is the chief executive (restorative justice) while exercising a function relating to the administration of this Act.
Note 1 If this Act refers simply to the chief executive (without a tag) this is a reference to the chief executive of the administrative unit responsible for the administration of this Act (see Legislation Act, s 163).
Note 2 A chief executive may delegate any powers given to the chief executive under this Act to a public sector officer under the Public Sector Management Act 1994 , s 36.
Note 3 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"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;
(c) a summons;
(d) the arrest and charging of the offender.
Table 22 Referring entities
|
column 1 item |
column 2 |
column 3 stage of criminal justice process |
|---|---|---|
| 1 | chief police officer chief executive (restorative justice) chief executive (children and young people) |
(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 case management hearing 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 | chief executive (corrections) chief executive (restorative justice) sentence administration board | (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 | referring entity prescribed under the regulations | stage of the criminal justice process prescribed under the regulations |