104Enforcement of undertakings

104 Enforcement of undertakings

104 Enforcement of undertakings

(1) The Children’s Guardian may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to the Children’s Guardian’s functions under section 128 (relating to the employment of children).

(2) Without limiting subsection (1), an undertaking that the Children’s Guardian may accept includes an undertaking to carry out a restorative justice activity.

(3) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the Children’s Guardian.

(4) The consent of the Children’s Guardian is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.

(5) The Children’s Guardian may apply to the Supreme Court for an order under subsection (6) if the Children’s Guardian considers that the person who gave the undertaking has breached the terms of the undertaking.

(6) The Supreme Court may make all or any of the following orders if the Court is satisfied the person has breached a term of the undertaking—

(a) an order directing the person to comply with the term of the undertaking,

(b) an order directing the person to pay to the State an amount not exceeding the amount of a financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,

(c) an order the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,

(d) an order suspending or revoking an employer’s authority,

(e) any other order the Court considers appropriate.