158Enforcement of undertaking

158 Enforcement of undertaking

(1) If the Regulator reasonably believes that a registered social service provider who gave an enforceable undertaking has failed to comply with any of its terms, the Regulator may—

(a) apply to the Magistrates' Court for an order under subsection (2) to enforce the undertaking; or

(b) commence a proceeding for any offence constituted by the contravention or alleged contravention in respect of that term for which the undertaking was given.

(2) If the Magistrates' Court is satisfied that a registered social service provider has failed to comply with a term of an enforceable undertaking, the Magistrates' Court may make any of the following orders—

(a) an order directing the registered social service provider to comply with the term of the undertaking;

(b) an order directing the registered social service provider to take any specified action for the purpose of complying with the term of the undertaking;

(c) an order that the registered social service provider compensate the Regulator for any costs incurred as a result of the Regulator taking action to minimise the risk of harm to any person as a result of the provider's failure to comply with the term of the undertaking;

(d) an order that the registered social service provider compensate any person who has incurred costs in rectifying the provider's failure to comply with the term of the undertaking;

(e) any other order that the Magistrates' Court considers appropriate.