A person is not eligible to participate in an intervention program in respect of an offence while the person is being dealt with for the offence--
(a) by the Children's Court under Part 3 (Criminal proceedings in the Children's Court) of the Children (Criminal Proceedings) Act 1987 (including after the person has been remitted to the Children's Court under section 20 of that Act), or
(b) by any other court in accordance with Division 4 of Part 3 of that Act.