sec.135KDiversion order to be explained

### sec.135K Diversion order to be explained Before making a diversion order, to assist the defendant in making a decision about whether to consent to the making of the order, the court must explain, or cause to be explained, to the defendant— the purpose and effect of the order; and the consequences of contravening the order; and Under sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order. the potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and potential sharing of information that may otherwise be private provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report that the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative. The explanation must be made in language or in a way likely to be readily understood by the defendant. A failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the diversion order. s 135K ins 2024 No. 5 s 40 (sec.135K-ssec.1) Before making a diversion order, to assist the defendant in making a decision about whether to consent to the making of the order, the court must explain, or cause to be explained, to the defendant— the purpose and effect of the order; and the consequences of contravening the order; and Under sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order. the potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and potential sharing of information that may otherwise be private provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report that the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative. (sec.135K-ssec.2) The explanation must be made in language or in a way likely to be readily understood by the defendant. (sec.135K-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the diversion order. - (a) the purpose and effect of the order; and - (b) the consequences of contravening the order; and Note— Under sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order. - (c) the potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and Examples of effects on the defendant’s right to privacy— • potential sharing of information that may otherwise be private • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report - • potential sharing of information that may otherwise be private - • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report - (d) that the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative. - • potential sharing of information that may otherwise be private - • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report