New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 30

30 Person who has complied with undertaking not to be further prosecuted etc

(1) Where a person who has given an undertaking under this Act in respect of a child sexual assault offence has complied with the undertaking and the requirements made by or under this Act or the regulations, no further proceedings shall be taken against the person in respect of the offence.

(2) For the purposes of subsection (1), a person who has given an undertaking under this Act in respect of a child sexual assault offence shall be regarded as having complied with the undertaking and the requirements made by or under this Act or the regulations at the expiration of the period (including any extension of the original period under section 28) for which the person was, in accordance with the undertaking, required to participate in the Program in relation to the offence unless, at the expiration of that period, any failure by the person has been notified to the court to which the undertaking was given but has not been determined.

(3) Where at the expiration of the period for which a person was required to participate in the Program a failure by the person has been notified to the court but has not been determined, the person shall be regarded as having complied with an undertaking given under this Act if the court determines, in relation to that failure, that the person need not appear before the court or that no action is warranted.