New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 10

10 Matters to be considered by prosecutor in deciding whether to refer person for assessment

In determining whether a person charged with a child sexual assault offence is to be referred for assessment in relation to the person’s suitability for participation in the Program, the prosecutor must:

(a) consider the guidelines set out in the regulations, and

(b) ascertain from the Director or a person to whom the Director delegates the function whether a place in the Program would be available for the person if the person were to give an undertaking to participate in the Program.