Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) section 23, section 57, section 58 or section 68 requires a chief executive, in the chief executive's capacity as responsible for a particular matter (the first capacity ) to give a referral or report to a chief executive, in the chief executive's capacity as responsible for another matter (the second capacity ); and
(b) a single chief executive acts in both the first and second capacities.
(2) A chief executive mentioned in subsection (1) must ensure that administrative arrangements are made for a delegate of the chief executive in the first capacity to give the referral or report to a delegate of the chief executive 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 released on a recognisance entered into under an order under the Crimes Act 1900 , section 402 (1) (a "sentence-related order"—see s 12). The offence is referred for restorative justice by the chief executive (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 attending the program.
The chief executive (restorative justice) becomes aware of the breach of the agreement. Under section 57 (2), the chief executive (restorative justice) must report the breach to the referring entity, the chief executive (corrections). However, the chief executive (restorative justice) is the same person as the chief executive (corrections).
This section requires the chief executive to ensure that administrative arrangements are made for the report to be given by a delegate of the chief executive in the chief executive's capacity as administering this Act to someone else who is a delegate of the chief executive in the chief executive's capacity as administering sentence-related orders such as the order for Pat.
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).