{"id":"nsw:act-1985-153","name":"Pre-Trial Diversion of Offenders Act 1985","slug":"pre-trial-diversion-of-offenders-act-1985","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"153 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107602,"registerId":"nsw-act-1985-153-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Pre-Trial Diversion of Offenders Act 1985](/view/html/inforce/current/act-1985-153).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Purpose of Act","content":"#### 2A Purpose of Act\n\n2A Purpose of Act\n\n> The purpose of this Act is to provide for the protection of children who have been victims of sexual assault by a parent or a parent’s spouse or de facto partner. The Act provides for the establishment of a program administered by the Department of Health. In the implementation of the Act, it is intended that the interests of a child victim are to prevail over those of a person pleading guilty to a charge of sexual assault in relation to the child.\n> \n> Note.\n> \n> “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 2A:** Ins 1993 No 7, Sch 1 (2). Am 2010 No 19, Sch 3.79 \\[1\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > child sexual assault offence means an offence under section 61D, 61E, 63, 65, 66A, 66B, 66C, 66D, 66EA, 67, 68, 71, 72, 73, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K or 78L of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> > \n> > Director means the person nominated by the Director-General of the Department of Health to be Director of the Program.\n> > \n> > Program means the Pre-Trial Diversion of Offenders Program approved in accordance with Part 3A.\n> > \n> > regulations mean regulations made under this Act.\n> \n> > (2) A reference in the definition of child sexual assault offence in subsection (1) to an offence under a specified provision of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) that has been amended or repealed is, or includes, a reference to an offence mentioned in the provision as in force before the amendment or repeal.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1993 No 7, Sch 1 (3); 2001 No 121, Sch 2.170 \\[1\\]; 2008 No 23, Sch 3.34 \\[1\\]; 2008 No 105, Sch 2.9; 2010 No 19, Sch 3.79 \\[2\\] \\[3\\].","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Persons to whom Act applies","content":"#### 3A Persons to whom Act applies\n\n3A Persons to whom Act applies\n\n> This Act applies to a person who is charged with a child sexual assault offence committed with or upon the person’s child or the child of the person’s spouse or de facto partner.\n> \n> **s 3A:** Ins 1993 No 7, Sch 1 (4).","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Act not to apply to certain persons","content":"#### 4 Act not to apply to certain persons\n\n4 Act not to apply to certain persons\n\n> > (1) This Act does not apply to a person in relation to a charge for a child sexual assault offence—\n> > \n> > > (a) if the person was charged with that offence before the commencement of this Act, or\n> > \n> > > (b) if the person is required to appear in respect of the charge before the Children’s Court.\n> \n> > (2) For the purposes of subsection (1) (a), a person shall be regarded as having been charged with an offence if a court attendance notice to appear before a Magistrate in respect of the offence has been served on the person.\n> \n> **s 4:** Am 1987 No 58, Sch 3; 2001 No 121, Sch 2.170 \\[2\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Criminal Procedure Act 1986 to apply","content":"#### 5 Criminal Procedure Act 1986 to apply\n\n5 [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) to apply\n\n> Except as provided by this Act, the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) shall apply to and in respect of a person charged with a child sexual assault offence.\n> \n> **s 5:** Am 2001 No 121, Sch 2.170 \\[3\\].","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special procedure before courts","content":"# Part 2 Special procedure before courts\n\nPart 2 Special procedure before courts","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Information relating to the Program etc to be given to person charged","content":"#### 6 Information relating to the Program etc to be given to person charged\n\n6 Information relating to the Program etc to be given to person charged\n\n> A person to whom this Act applies who is charged with a child sexual assault offence shall, as soon as practicable after being charged, be furnished, in a manner approved by the Attorney General, with information regarding the operation of this Act.\n> \n> **s 6:** Am 1993 No 7, Sch 1 (5).","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Person appearing before judge may request that Act not apply","content":"#### 7 Person appearing before judge may request that Act not apply\n\n7 Person appearing before judge may request that Act not apply\n\n> > (1) Where a person who appears before a Judge of the Local Court in relation to a charge that the person has committed a child sexual assault offence makes a request to the judge that this Act cease to apply to the person, this Act shall cease to apply to the person in relation to that charge.\n> \n> > (2) A request referred to in subsection (1) may be made at any stage of proceedings before a Judge of the Local Court relating to a child sexual assault offence.\n> \n> **s 7:** Am 2001 No 121, Sch 2.170 \\[4\\]; 2025 No 61, Sch 2.74\\[1\\]–\\[3\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Director of Public Prosecutions to conduct prosecutions","content":"#### 8 Director of Public Prosecutions to conduct prosecutions\n\n8 Director of Public Prosecutions to conduct prosecutions\n\n> The prosecutor in any proceedings in which this Act applies to a person shall be the Director of Public Prosecutions, or a person authorised for the time being by the Director of Public Prosecutions in relation to the proceedings.\n> \n> **s 8:** Am 1986 No 212, Sch 1.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Proceedings to be adjourned pending decision by prosecutor","content":"#### 9 Proceedings to be adjourned pending decision by prosecutor\n\n9 Proceedings to be adjourned pending decision by prosecutor\n\n> Where a person to whom this Act applies first appears before a Judge of the Local Court in relation to a child sexual assault offence, the judge shall adjourn the proceedings for such period, not exceeding the period prescribed for the purposes of this section, as the prosecutor may request to allow for a determination to be made as to whether the person is to be referred for assessment in relation to the person’s suitability for participation in the Program.\n> \n> **s 9:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[5\\]; 2025 No 61, Sch 2.74\\[2\\] \\[3\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Matters to be considered by prosecutor in deciding whether to refer person for assessment","content":"#### 10 Matters to be considered by prosecutor in deciding whether to refer person for assessment\n\n10 Matters to be considered by prosecutor in deciding whether to refer person for assessment\n\n> 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—\n> \n> > (a) consider the guidelines set out in the regulations, and\n> \n> > (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.\n> \n> **s 10:** Subst 1993 No 7, Sch 1 (7).","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Prosecutor to notify judge of decision","content":"#### 11 Prosecutor to notify judge of decision\n\n11 Prosecutor to notify judge of decision\n\n> > (1) Where a person to whom this Act applies appears before a Judge of the Local Court following any adjournment of the proceedings under section 9, the prosecutor shall inform the judge as to whether the person is to be referred for assessment in relation to the person’s suitability for participation in the Program.\n> \n> > (2) The prosecutor is to inform the judge that the person is not to be referred for assessment if the prosecutor has ascertained under section 10 that a place in the Program would not be available for the person if the person were to give an undertaking to participate in the Program.\n> \n> **s 11:** Am 1993 No 7, Sch 1 (6) (8); 2001 No 121, Sch 2.170 \\[6\\]; 2025 No 61, Sch 2.74\\[1\\]–\\[3\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Act ceases to apply to person not referred for assessment","content":"#### 12 Act ceases to apply to person not referred for assessment\n\n12 Act ceases to apply to person not referred for assessment\n\n> Where, under section 11, the prosecutor informs the Judge of the Local Court that a person charged with a child sexual assault offence is not to be referred for assessment in relation to the person’s suitability for participation in the Program, this Act shall cease to apply to the person in relation to that charge.\n> \n> **s 12:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[7\\]; 2025 No 61, Sch 2.74\\[4\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Proceedings to be further adjourned pending assessment","content":"#### 13 Proceedings to be further adjourned pending assessment\n\n13 Proceedings to be further adjourned pending assessment\n\n> > (1) Where a Judge of the Local Court before whom a person charged with a child sexual assault offence appears is informed by the prosecutor that the person is to be referred for assessment in relation to the person’s suitability for participation in the Program, the judge shall adjourn the proceedings for such period, not exceeding the period prescribed for the purposes of this section, as the prosecutor may request to allow for that assessment to be made.\n> \n> > (2) Proceedings may be adjourned more than once under this section but the periods for which the proceedings are adjourned shall not, in total, exceed the period prescribed for the purposes of this section.\n> \n> **s 13:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[8\\]; 2025 No 61, Sch 2.74\\[2\\] \\[3\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Assessment","content":"#### 14 Assessment\n\n14 Assessment\n\n> > (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.\n> \n> > (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—\n> > \n> > > (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),\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (d) whether the person accepts responsibility for the sexual assault of the child,\n> > \n> > > (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,\n> > \n> > > (f) whether the person’s spouse or de facto partner is prepared to participate in the Program as required by the Director,\n> > \n> > > (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,\n> > \n> > > (h) whether the person and the person’s spouse or de facto partner agree to participate in all aspects of the Program,\n> > \n> > > (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.\n> \n> > (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.\n> \n> **s 14:** Subst 1993 No 7, Sch 1 (9). Am 2008 No 23, Sch 3.34 \\[2\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Prosecutor to notify judge as to person’s suitability","content":"#### 15 Prosecutor to notify judge as to person’s suitability\n\n15 Prosecutor to notify judge as to person’s suitability\n\n> Where a person to whom this Act applies appears before a Judge of the Local Court following any adjournment of the proceedings under section 13, the prosecutor shall inform the judge as to whether the person has been assessed as being suitable for participation in the Program.\n> \n> **s 15:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[9\\]; 2025 No 61, Sch 2.74\\[1\\]–\\[3\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Act ceases to apply to person not suitable for participation in the Program","content":"#### 16 Act ceases to apply to person not suitable for participation in the Program\n\n16 Act ceases to apply to person not suitable for participation in the Program\n\n> Where, under section 15, the prosecutor informs the Judge of the Local Court that a person charged with a child sexual assault offence has been assessed as not being suitable for participation in the Program, this Act shall cease to apply to the person in relation to that charge.\n> \n> **s 16:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[10\\]; 2025 No 61, Sch 2.74\\[4\\].","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Act ceases to apply if person does not plead guilty before judge","content":"#### 17 Act ceases to apply if person does not plead guilty before judge\n\n17 Act ceases to apply if person does not plead guilty before judge\n\n> > (1) Where—\n> > \n> > > (a) a person to whom this Act applies appears before a Judge of the Local Court following any adjournment of the proceedings under section 13 and is charged with a child sexual assault offence (whether or not that offence is the offence originally charged), and\n> > \n> > > (b) the prosecutor informs the judge that the person has been assessed as being suitable for participation in the Program,\n> > \n> > the person shall, before any evidence is given in those proceedings, be asked to plead to the charge.\n> \n> > (2) Where, upon being asked to plead to a charge as referred to in subsection (1), a person pleads guilty, the judge shall, before accepting or rejecting the plea, consider—\n> > \n> > > (a) whether the person has received such advice (including legal advice) as the judge thinks proper in the circumstances, and\n> > \n> > > (b) whether the person understands the purpose of the Program and the effect of giving undertakings under this Act,\n> > \n> > and may adjourn the proceedings for a period, not exceeding the period prescribed for the purposes of this section, to allow that advice and information to be given to the person.\n> \n> > (3) Except as provided by subsection (4), where, upon being asked to plead to a charge as referred to in subsection (1), a person pleads not guilty or refuses to plead, this Act shall cease to apply to the person in relation to that charge.\n> \n> > (4) Where, upon being asked to plead to a charge as referred to in subsection (1), a person does not plead guilty to that charge but, instead, pleads guilty to another child sexual assault offence and the plea in respect of the other offence is accepted by the judge—\n> > \n> > > (a) this Act shall not cease to apply to the person by reason only of the person’s failure to plead guilty to the original charge, and\n> > \n> > > (b) subject to any other provision of this Act, this Act shall continue to apply to the person in respect of the offence to which the plea of guilty was made as if that offence had been the offence originally charged.\n> \n> **s 17:** Am 1993 No 7, Sch 1 (6) (10); 2001 No 121, Sch 2.170 \\[11\\]; 2025 No 61, Sch 2.74\\[1\\]–\\[3\\].","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Act ceases to apply if plea of guilty rejected","content":"#### 18 Act ceases to apply if plea of guilty rejected\n\n18 Act ceases to apply if plea of guilty rejected\n\n> > (1) Where, upon being asked to plead to a charge as referred to in section 17 (1), a person pleads guilty, the Judge of the Local Court may accept or reject the plea under section 100 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) on such grounds as the judge would have power to do so if this Act did not apply to the person.\n> \n> > (2) In determining whether to accept or reject a plea as referred to in subsection (1), a judge may consider any papers or statements tendered to the judge but shall not require any oral evidence to be given.\n> \n> > (3) Where the judge does not accept a plea of guilty made by a person to a charge in respect of a child sexual assault offence, this Act shall cease to apply to the person in relation to that charge.\n> \n> **s 18:** Am 2001 No 121, Sch 2.170 \\[12\\] \\[13\\]; 2025 No 61, Sch 2.74\\[5\\]–\\[7\\].","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Certain child sexual assault cases may not be disposed of summarily","content":"#### 19 Certain child sexual assault cases may not be disposed of summarily\n\n19 Certain child sexual assault cases may not be disposed of summarily\n\n> If this Act applies to a person charged with a child sexual assault offence, the offence must not be dealt with summarily under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment).\n> \n> **s 19:** Subst 1995 No 22, Sch 2. Am 1999 No 94, Sch 4.49; 2001 No 121, Sch 2.170 \\[14\\].","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Person pleading guilty before judge to comply with certain directions pending appearance before higher court","content":"#### 20 Person pleading guilty before judge to comply with certain directions pending appearance before higher court\n\n20 Person pleading guilty before judge to comply with certain directions pending appearance before higher court\n\n> A person to whom this Act applies who has pleaded guilty before a Judge of the Local Court to a child sexual assault offence shall, until requested by the Supreme Court or District Court to give an undertaking under this Act, comply with all reasonable directions given by the Director to the person in relation to—\n> \n> > (a) the behaviour of the person (including access by the person to any other person or premises or place, whether or not the person has a legal or equitable interest in the premises or place),\n> \n> > (b) the commencement by the person of participation in the Program,\n> \n> > (c) any matter prescribed by the regulations, and\n> \n> > (d) any other matter which the Director thinks necessary or appropriate in the circumstances.\n> \n> **s 20:** Am 1993 No 7, Sch 1 (6); 2001 No 121, Sch 2.170 \\[15\\]; 2025 No 61, Sch 2.74\\[1\\] \\[2\\].","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Act ceases to apply if person does not comply with directions pending further appearance","content":"#### 21 Act ceases to apply if person does not comply with directions pending further appearance\n\n21 Act ceases to apply if person does not comply with directions pending further appearance\n\n> Where a person to whom this Act applies who is charged with a child sexual assault offence appears before the Supreme Court or the District Court, the court may, if it is satisfied that the person has failed to comply with a reasonable direction given by the Director to the person under section 20, determine that this Act shall cease to apply to the person in relation to that charge, and that determination shall have effect accordingly.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Act ceases to apply if person does not plead guilty before Supreme Court or District Court etc","content":"#### 22 Act ceases to apply if person does not plead guilty before Supreme Court or District Court etc\n\n22 Act ceases to apply if person does not plead guilty before Supreme Court or District Court etc\n\n> > (1) Except as provided by subsection (2), where a person to whom this Act applies who is charged with a child sexual assault offence appears before the Supreme Court or the District Court and—\n> > \n> > > (a) does not plead guilty to the charge, or\n> > \n> > > (b) refuses to give an undertaking to the court under section 23,\n> > \n> > this Act shall cease to apply to the person in relation to that charge.\n> \n> > (2) Where a person appearing before the Supreme Court or the District Court as referred to in subsection (1) in relation to a charge does not plead guilty to that charge but, instead, pleads guilty before trial to another child sexual assault offence and the plea in respect of the other offence is accepted by the prosecution—\n> > \n> > > (a) this Act shall not cease to apply to the person by reason only of the person’s failure to plead guilty to the original charge, and\n> > \n> > > (b) subject to any other provision of this Act, this Act shall continue to apply to the person in respect of the offence to which the plea of guilty was made as if that offence had been the offence originally charged.","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Undertaking to attend Program etc","content":"# Part 3 Undertaking to attend Program etc\n\nPart 3 Undertaking to attend Program etc\n\n**pt 3, hdg:** Am 1993 No 7, Sch 1 (11).","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Undertaking to attend the Program to be given to court","content":"#### 23 Undertaking to attend the Program to be given to court\n\n23 Undertaking to attend the Program to be given to court\n\n> Where a person to whom this Act applies who is charged with a child sexual assault offence appears before the Supreme Court or the District Court and pleads guilty before trial to the charge, the court shall request the person to give to the court an undertaking—\n> \n> > (a) to participate (or continue to participate) in the Program for such a period not exceeding, in total, 2 years, as the Director may require,\n> \n> > (b) during that participation and, where applicable, pending the commencement of that participation, to comply with all reasonable directions given by the Director to the person in relation to—\n> > \n> > > (i) the behaviour of the person (including access by the person to any other person or premises or place, whether or not the person has a legal or equitable interest in the premises or place),\n> > \n> > > (ii) any matter prescribed by the regulations, and\n> > \n> > > (iii) any other matter which the Director thinks necessary or appropriate in the circumstances, and\n> \n> > (c) to appear before the court in relation to the matter when required by the court to do so.\n> \n> **s 23:** Am 1993 No 7, Sch 1 (6).","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Procedure following giving of undertaking","content":"#### 24 Procedure following giving of undertaking\n\n24 Procedure following giving of undertaking\n\n> If a person gives an undertaking at the request of a court under section 23, the court is (subject to sections 25 and 28) to proceed to conviction of the person for the offence concerned but is not to sentence or otherwise deal with the person in respect of the offence.\n> \n> **s 24:** Am 1987 No 238, Sch 1. Subst 1993 No 7, Sch 1 (12).","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Person may be released from undertaking","content":"#### 25 Person may be released from undertaking\n\n25 Person may be released from undertaking\n\n> > (1) The court to which a person has given an undertaking under this Act may at any time, on the application of the person, release the person from that undertaking.\n> \n> > (2) Where a court releases a person from an undertaking given under this Act in respect of a child sexual assault offence, it may sentence or otherwise deal with the person for the offence as if the undertaking had not been given.\n> \n> **s 25:** Am 1993 No 7, Sch 1 (13).","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Breach of undertaking etc","content":"#### 26 Breach of undertaking etc\n\n26 Breach of undertaking etc\n\n> > (1) A person who has given an undertaking under this Act shall, unless the person has been released from the undertaking, comply with the undertaking and the requirements made by or under this Act or the regulations.\n> \n> > (2) Where the court to which a person has given an undertaking under this Act is notified by the Director, or a person to whom the Director delegates the duty, of any failure by the person to comply with the undertaking or the requirements made by or under this Act or the regulations, the court shall determine whether the person concerned should appear before the court in relation to the matter.\n> \n> **s 26:** Am 1993 No 7, Sch 1 (14).","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Requirement to appear or issue of warrant on breach","content":"#### 27 Requirement to appear or issue of warrant on breach\n\n27 Requirement to appear or issue of warrant on breach\n\n> If it appears to the court to which a person has given an undertaking under this Act that the person has failed to comply with the undertaking or the requirements made by or under this Act or the regulations, the court may require the person to appear before the court in accordance with the undertaking or may issue a warrant for the arrest of the person and directing that the person be brought before the court as soon as possible after arrest.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Powers of court on breach","content":"#### 28 Powers of court on breach\n\n28 Powers of court on breach\n\n> Where the court to which a person has given an undertaking under this Act is satisfied that the person has failed to comply with the undertaking or the requirements made by or under this Act or the regulations and that the failure is not of such a minor nature that no action is warranted, the court may, whether or not the undertaking is current—\n> \n> > (a) sentence or otherwise deal with the person as if the undertaking had not been given, or\n> \n> > (b) direct that the undertaking to participate in the Program be extended for such further period, not exceeding 12 months, as the Director may require in addition to the original period for which the person was required to participate in the Program.\n> \n> **s 28:** Am 1993 No 7, Sch 1 (6) (15).","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Court may be constituted by another judge","content":"#### 29 Court may be constituted by another judge\n\n29 Court may be constituted by another judge\n\n> The powers, authorities, duties and functions which are required or permitted to be exercised or performed by the court to which a person has given an undertaking under this Act may be exercised or performed by that court, whether or not it is constituted by the same judge as that to whom the undertaking was given.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Person who has complied with undertaking not to be further prosecuted etc","content":"#### 30 Person who has complied with undertaking not to be further prosecuted etc\n\n30 Person who has complied with undertaking not to be further prosecuted etc\n\n> > (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.\n> \n> > (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.\n> \n> > (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.\n> \n> **s 30:** Am 1993 No 7, Sch 1 (6).","sortOrder":34},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Pre-Trial Diversion of Offenders Program","content":"# Part 3A Pre-Trial Diversion of Offenders Program\n\nPart 3A Pre-Trial Diversion of Offenders Program\n\n**pt 3A (ss 30A, 30B):** Ins 1993 No 7, Sch 1 (16).","sortOrder":35},{"sectionNumber":"30A","sectionType":"section","heading":"The Program","content":"#### 30A The Program\n\n30A The Program\n\n> > (1) The Pre-Trial Diversion of Offenders Program is a program for the treatment of a person who commits a child sexual assault offence with or upon the person’s child or the child of the person’s spouse or de facto partner.\n> \n> > (2) The Program is one which is approved for the time being by the Minister for Health after consultation with the Attorney General and the Minister for Community Services.\n> \n> **pt 3A (ss 30A, 30B):** Ins 1993 No 7, Sch 1 (16).","sortOrder":36},{"sectionNumber":"30B","sectionType":"section","heading":"Administration of the Program","content":"#### 30B Administration of the Program\n\n30B Administration of the Program\n\n> > (1) The Department of Health is to administer the Program.\n> \n> > (2) The Director-General of that Department is to prepare an annual report on the operation and effectiveness of the Program being administered by the Department and is to forward the report to the Attorney General, the Minister for Health and the Minister for Community Services.\n> \n> **pt 3A (ss 30A, 30B):** Ins 1993 No 7, Sch 1 (16).","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31 (Repealed)","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Certain defects not to invalidate proceedings","content":"#### 32 Certain defects not to invalidate proceedings\n\n32 Certain defects not to invalidate proceedings\n\n> A failure to comply with section 6 or 8 shall not invalidate any proceedings.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Evaluation of administration of Act","content":"#### 33 Evaluation of administration of Act\n\n33 Evaluation of administration of Act\n\n> The Attorney General and the Minister for Health, in consultation with the Minister for Youth and Community Services, shall make arrangements for the administration of this Act to be monitored and for reports giving an evaluation of that administration to be given to those Ministers.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Regulations","content":"#### 34 Regulations\n\n34 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the undertakings to be given by persons in accordance with this Act,\n> > \n> > > (b) requirements to be complied with by persons who have given undertakings in accordance with this Act,\n> > \n> > > (c) the content and conduct of, and any other matter relating to, the Program,\n> > \n> > > (d) attendance at the Program by persons who have given undertakings under this Act, and\n> > \n> > > (e) the notification of a failure by a person to comply with any undertaking given under this Act or the requirements made by or under this Act or the regulations in relation to the person.\n> \n> > (2) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> **s 34:** Am 1993 No 7, Sch 1 (6).","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 35 Savings and transitional provisions\n\n35 Savings and transitional provisions\n\n> Schedule 1 has effect.\n> \n> **s 35:** Ins 1993 No 7, Sch 1 (18).","sortOrder":44},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 35)\n\n**sch 1:** Ins 1993 No 7, Sch 1 (19).","sortOrder":45}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond an initial focus on court procedures for diversion by adding a formal treatment Program administered by the Department of Health, a statutory purpose clause prioritising child victim interests over the offender, comprehensive assessment criteria, and detailed breach and undertaking rules, thereby transforming it into a specialised therapeutic intervention scheme for intrafamilial child sexual assault."},"complexity_factors":["Lengthy sequence of procedural steps with multiple adjournment limits and decision points across Local Court, District Court and Supreme Court","22 cross-referenced offence provisions from the Crimes Act 1900 in the definition of child sexual assault offence, plus subsection 3(2) deeming rule for repealed or amended sections","Nested conditional triggers for the Act ceasing to apply (ss 7, 12, 16, 17(3), 18(3), 21, 22(1)) with limited exceptions in ss 17(4) and 22(2)","Detailed multi-factor assessment test in s 14(2) containing nine specific matters plus an open-ended 'any other matter' clause","Integration of external legislation including the Criminal Procedure Act 1986 (ss 5, 18(1), 19), Interpretation Act 1987 (de facto partner definition) and regulations for guidelines, undertakings and Program content","Layered amendment history embedded in the text creating interpretive complexity around application to pending proceedings"],"plain_english_summary":"**This Act sets up a pre-trial diversion program for family members who sexually assault children in their household.**\n\nIt lets certain offenders (parents or their partners) who plead guilty to specific serious sex crimes against a child potentially avoid normal punishment. Instead, they can join a treatment program run by the Department of Health. The program can last up to two years and includes therapy, behaviour rules (such as limits on contact with people or places), and other directions. If the person completes it fully and follows every requirement, they cannot be prosecuted further for that offence.\n\nThe law puts the child's safety and wellbeing first. A prosecutor decides if the person gets assessed for the program using strict rules, including whether the offender takes responsibility, understands the harm caused, and whether the child's interests are protected. Courts can adjourn cases multiple times, but the diversion can stop at many stages (for example, if the person pleads not guilty, fails an assessment, or breaks directions). This sends the case back to ordinary criminal proceedings.\n\nIt matters because it aims to rehabilitate offenders within the family while protecting the child victim, but only where suitable. The process involves the Local Court, District Court or Supreme Court, and must follow guidelines in regulations. Normal court rules still apply unless this Act says otherwise."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on the multiple amendment dates spanning from 2000 to 2026, the Act has almost certainly evolved from its 1985 origins. Diversion schemes of this era were often narrow in scope, typically targeting drug offenders. Over time, such legislation in Australian jurisdictions has typically broadened to cover mental health, alcohol, and other vulnerability-related matters. The most recent March 2026 update suggests ongoing refinement. However, without access to the full substantive text, the precise nature and extent of scope changes cannot be confirmed with certainty."},"complexity_factors":["Limited legislative content is actually visible in the provided text — only metadata, status information, and navigation elements are shown, not the substantive provisions of the Act","The Act has been amended multiple times over four decades (2000, 2003, 2008, 2009, 2010, 2026), meaning its current form may differ significantly from the original","Diversion schemes inherently involve multi-agency discretion (police, prosecutors, courts, treatment providers), which creates procedural complexity","Interaction with other criminal justice legislation (such as drug court laws, mental health legislation, and the Criminal Procedure Act) adds layers of complexity","Eligibility criteria and conditions for diversion, though not visible in this extract, are typically nuanced and fact-specific"],"plain_english_summary":"## Pre-Trial Diversion of Offenders Act 1985 (NSW)\n\n**What this law is about:**\nThis is a NSW law that allows certain people who have been charged with a criminal offence to be redirected away from the court system — before their trial — into alternative programs or processes. Think of it as a legal \"off-ramp\" from prosecution.\n\n**Who does it affect?**\n- People charged with criminal offences in NSW who may qualify for diversion (being redirected away from a full trial)\n- Police, prosecutors, and courts who manage these diversion decisions\n- Victims and the broader community affected by crime outcomes\n\n**Why does it matter?**\nInstead of everyone charged with an offence automatically going through a full criminal trial, this law creates a formal process to divert eligible offenders — particularly those with drug, alcohol, or mental health issues — into treatment, rehabilitation, or other programs. The goal is to reduce reoffending and avoid clogging the court system with cases where rehabilitation may be more effective than punishment.\n\n**Key practical points:**\n- If you're diverted under this Act, you may avoid a criminal conviction (a formal finding of guilt on your record) altogether\n- Diversion is not automatic — you must qualify, and there are conditions attached\n- If you fail to complete any required program or breach conditions, you can be sent back into the normal court process\n- The Act has been in operation since 1985 and has been updated several times, most recently in March 2026\n\n**Bottom line:** This law gives eligible offenders a second chance to avoid a criminal record by participating in rehabilitation or other programs, rather than going through a full criminal trial."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The text shows that the Act’s scope and machinery were expanded and refined by later amendments. Notably, a stated purpose provision was inserted (s2A) and Part 3A creating the formal Pre‑Trial Diversion Program and assigning administration to the Department of Health was added (pt 3A, ss30A–30B). Section 3A (persons to whom the Act applies) was inserted (s3A), and Schedule 1 provides transitional rules for those amendments. The amendments altered who is eligible, formalised the Program and added administrative and reporting duties (s2A, s3A, pt 3A, Sch 1)."},"complexity_factors":["Multiple decision-makers with distinct roles (prosecutor/Director of Public Prosecutions, Program Director/Director-General of Health, judges and courts) (ss8, s10, s14, s17, s30B).","Layered procedural stages (initial charging, prosecutor referral, assessment, pleas before higher courts, undertakings, Program participation, breach proceedings) (ss9, 13, 14, 17, 23–28).","Wide assessment criteria that permit consideration of various sources of information and discretionary judgments (s14(2)).","Interplay with other legislation (Crimes Act 1900 offence list; Criminal Procedure Act 1986 plea and summary disposal provisions) (s3(1), s5, ss17–19).","Regulatory delegation and room for detailed prescription by regulation, increasing variable implementation (s34).","Dependence on Program capacity (prosecutor must confirm availability before referral) and administrative reporting duties (s10(b), s30B).","Multiple grounds and timing limits for adjournments and extensions, and prescribed maximum periods for undertakings and extensions (s9, s13, s23, s28)."],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes a special pre-trial diversion process for people charged with a child sexual assault offence where the alleged victim is the person’s child or the child of the person’s spouse or de facto partner (see definitions and application: s3, s3A).  The list of offences covered is drawn from specified provisions of the Crimes Act 1900 (s3(1)).\n\n- Creates a Program for the treatment of such offenders, to be approved by the Minister for Health (after consultation with the Attorney General and the Minister for Community Services) and administered by the Department of Health (pt 3A, ss30A–30B).  The Director-General of the Department nominates a Director to run the Program and must prepare an annual report on its operation (s3, s30B).\n\n- Sets out a multi-step court and prosecutorial procedure before a person can be diverted into the Program:\n  - The prosecutor (the Director of Public Prosecutions or an authorised delegate) decides whether to refer the charged person for assessment and must check Program availability before making that referral (s8, s9, s10).  The prosecutor must tell the judge the decision (s11).\n  - If the person is to be assessed, proceedings are adjourned for an assessment conducted by the Director (or delegate) in accordance with regulations (s13–14).  The assessment may consider police statements, government-held treatment information, interviews with the person, family members and the child, acceptance of responsibility, understanding of impact, willingness of spouse/partner to participate, group therapy suitability, and whether participation is in the child’s best interests (s14(2)).\n  - If assessed suitable, the person is asked to plead guilty before a Supreme or District Court judge (s17).  Where the person gives an undertaking to participate in the Program, the court convicts but does not sentence while the person participates in the Program (s23–24).  The initial undertaking period may be up to 2 years (s23).\n\n- Specifies compliance, breach and finality rules:\n  - While awaiting a higher court decision, a person who has pleaded guilty in the Local Court must comply with reasonable directions from the Director about behaviour, access to people/places, participation in the Program, and any regulatory requirements (s20).\n  - The Director notifies the court of failures to comply; the court may require the person to appear, issue a warrant, extend the undertaking (up to 12 months) or treat the person as if the undertaking had not been given (including sentencing) where the failure is not minor (ss26–28).\n  - If the person completes the undertaking and requirements, no further proceedings shall be taken for the offence (s30).  If the person breaches and the court so determines, the Act ceases to apply and normal prosecution/sentencing laws apply (ss16, 21, 28).\n\n- Contains procedural limits and exclusions: the Act does not apply to people charged before the Act commenced or where the person must appear in the Children’s Court (s4).  Certain child sexual assault matters covered by the Act may not be disposed of summarily (s19).\n\nStated purpose and how the Act implements it\n\n- The Act explicitly states its purpose is to provide for the protection of children who have been victims of sexual assault by a parent or a parent’s spouse or de facto partner, and declares that the interests of the child victim are intended to prevail over those of a person pleading guilty (s2A).  The Program and assessment criteria include child-centred factors (for example, whether participation is in the child’s best interests) (s14(2)(i)).\n\nPractical mechanisms, who decides, and who bears burdens\n\n- Who decides:\n  - Prosecutor (Director of Public Prosecutions or delegate) decides whether to refer for assessment and must verify Program availability (s8, s10–11).\n  - The Director of the Program (nominated by the Director-General of Health) conducts assessments and gives directions about behaviour and participation (s3, s14, s20, s30A–30B).\n  - Judges and courts decide on pleas, acceptance of guilty pleas, whether proceedings continue under the Act, and on breach outcomes (s17–18, s24–28).\n  - The Governor (via regulations) and Ministers set regulatory detail and approve the Program (s30A, s34).\n\n- Who pays / administration:\n  - The Act makes the Department of Health responsible for administering the Program and requires the Director-General to report annually on the Program (s30B).  The Act itself does not specify funding arrangements.\n\n- Compliance burden and discretion:\n  - A person who gives an undertaking must comply with Program participation and any reasonable directions from the Director; failure to comply can lead to return to normal prosecution and sentencing (ss20, 23–28, 30).  The Director has discretion over assessment, directions and administration of the Program (s14, s20, s30A–30B).  The prosecutor has discretion whether to refer a person for assessment, guided by regulations (s10).\n\nTrade-offs, implementation risks and procedural costs (mechanical, source-based observations)\n\n- Timing and court resources: the Act requires adjournments at multiple stages to permit prosecutor decisions and assessments (ss9, 13), which delays final disposition of charges while additional assessment processes are completed.\n\n- Reliance on Program capacity: the prosecutor must check whether a place in the Program would be available before referring a person (s10(b)); limited availability can remove eligibility (s11–12).  That creates a dependency of the diversion pathway on the Program’s administrative capacity.\n\n- Administrative and reporting obligations: the Department of Health administers the Program and the Director-General must prepare an annual report; Ministers are to arrange monitoring and evaluation (s30B, s33).  Those provisions impose organisational and reporting tasks on public agencies.\n\n- Discretion points and legal safeguards: several key decisions rest on the exercise of discretion (prosecutor referral, Director assessments and directions, judicial acceptance of pleas, and courts’ breach determinations).  The Act provides detailed criteria for assessments (s14) and allows courts to accept or reject guilty pleas on established grounds (s17–18), which introduces both procedural safeguards and implementation discretion.\n\nEffects on markets, private enterprise and unrelated private choices\n\n- The statutory scheme concerns criminal prosecution and state-administered treatment; the text contains no direct regulatory intervention into private markets, competition, prices, ownership or contracts.  The Act’s principal effects are on criminal procedure, court timelines, and the obligations of individuals who participate in the Program.\n\nConcise statement of statutory mechanics that produce benefits and costs\n\n- Benefits accrue to participants who complete the Program (conviction is recorded but, on compliance, no further proceedings are taken: s24, s30).  The Act’s stated benefit is protection of child victims (s2A) realised mechanically by making the child’s interests a factor in assessment (s14(2)(i)).\n\n- Costs and potential trade-offs are mainly procedural and administrative: court adjournments and assessments (ss9, 13, 14), reliance on Program capacity (s10), compliance burdens on participants (ss20, 23) and discretionary decision-making by prosecutors and the Program Director (s10, s14, s20).  If a participant breaches, the cost is reinstatement of prosecution and possible sentencing as if no undertaking had been given (s28).\n\nKey statutory references: s2A (purpose), s3 & s3A (definitions and persons to whom Act applies), ss8–16 (prosecutorial referral and assessment steps), ss17–24 (plea, undertaking and conviction-without-sentence mechanics), ss26–30 (breach, enforcement and finality), pt 3A (ss30A–30B) and s34 (regulations)."}},"importantCases":[],"_links":{"self":"/api/acts/pre-trial-diversion-of-offenders-act-1985","history":"/api/acts/pre-trial-diversion-of-offenders-act-1985/history","analysis":"/api/acts/pre-trial-diversion-of-offenders-act-1985/analysis","conflicts":"/api/acts/pre-trial-diversion-of-offenders-act-1985/conflicts","importantCases":"/api/acts/pre-trial-diversion-of-offenders-act-1985/important-cases","documents":"/api/acts/pre-trial-diversion-of-offenders-act-1985/documents"}}