Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The chief executive (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 chief executive (restorative justice) may, under this subsection, contact the organisation at reasonable intervals to make sure that Alex performs the work satisfactorily.
Note 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).
(2) If the chief executive (restorative justice) is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the chief executive must report the noncompliance to the referring entity.
(3) If the chief executive (restorative justice) is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the chief executive must report the compliance to the referring entity.
(4) Subsections (2) and (3) do not apply if the referring entity is the chief executive (restorative justice).
Note 1 The referring entity may be the chief executive (restorative justice) under table 22, item 1 or 5.
Note 2 Section 72 deals with what happens if the referring entity is the same chief executive as the chief executive (restorative justice), but the referring entity is the chief executive in his or her capacity as chief executive (corrections) or chief executive (children and young people).
That section provides that the chief executive must ensure that appropriate administrative arrangements are made for the report to be given by a delegate of the chief executive as chief executive (restorative justice) to a delegate of the chief executive as chief executive (corrections) or chief executive (children and young people).