New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 14

14 Assessment

(1) A person who is to be referred for assessment in relation to the person’s suitability for participation in the Program must be referred for assessment, and be assessed, in accordance with the regulations.

(2) The Director, or a person to whom the Director delegates the duty, is to assess a person’s suitability for the purposes of subsection (1) and in doing so may take into account any or all of the following matters which appear to be relevant and any other matter which he or she considers to be relevant:

(a) any statement made to a police officer in relation to the alleged offence (including statements of the person charged with the offence, the child concerned, a parent of the child or any other person with relevant information),

(b) relevant information held by other government agencies which are or have been involved in the treatment of the person charged with the offence or of a member of that person’s family or household,

(c) interviews conducted by the Director or officer making the assessment with the person, the person’s spouse or de facto partner and the child concerned,

(d) whether the person accepts responsibility for the sexual assault of the child,

(e) whether the person demonstrates some understanding of the impact of the offence on the child and on other members of the child’s family or household,

(f) whether the person’s spouse or de facto partner is prepared to participate in the Program as required by the Director,

(g) whether the person and the person’s spouse or de facto partner have sufficient interactive skills to be able to participate in any group therapy aspects of the Program,

(h) whether the person and the person’s spouse or de facto partner agree to participate in all aspects of the Program,

(i) whether participation in the Program by the person, the person’s spouse or de facto partner and the child concerned is in the best interests of the child.

(3) The prosecutor is, in accordance with the regulations, to be notified as to the result of the assessment and to be provided with written reasons if the assessment made is that the person is not suitable for participation in the Program.