Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 68

Quarterly reporting by chief executive

    (1)     This section applies in relation to a quarter of a year if—

        (a)     an offence is referred for restorative justice before the start of, or during, the quarter; and

        (b)     restorative justice

              (i)     has not ended for the offence; or

              (ii)     ended for the offence during the quarter.

Note     Quarter is defined in the Legislation Act, dict, pt 1 to mean the 3 months following 1 January, 1 April, 1 July or 1 October in any year.

    (2)     Within 7 days after the last day of the quarter, the chief executive (restorative justice) must report to the referring entity on the progress of restorative justice for the offence during the quarter.

Note     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).

    (3)     This section does not apply if the referring entity is the chief executive (restorative justice).

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

    (4)     In this section:

"ends"—restorative justice ends for an offence if—

        (a)     the chief executive decides that restorative justice is not suitable for the offence; or

        (b)     the convenor of a restorative justice conference for the offence discontinues the conference under section 47; or

        (c)     a restorative justice conference for the offence is concluded.

Note     Restorative justice means the process of restorative justice provided under this Act, including a restorative justice conference (see s 10). Restorative justice, apart from the process provided under this Act that is mentioned in the definition, does not necessarily end as provided in the definition of ends for this section.



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