sec.168Meaning of eligible child

### sec.168 Meaning of eligible child An eligible child is a child charged with an eligible drug offence who has pleaded guilty to the offence. The child is not an eligible child if— a charge against the child for a disqualifying offence is pending in a court; or the child has, at any time, been convicted of a disqualifying offence; or 2 diversion alternatives have previously been given to the child. For subsection (2) (b) , a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986 . For subsection (2) (c) — a diversion alternative has been given to the child if— a court has referred the child to a drug assessment and education session under section 172 ; or the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and for counting the number of diversion alternatives given to the child, a diversion alternative— is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given. In this section— conviction see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . prescribed diversion alternative means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4) (a) (i) or (ii) . rehabilitation period see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . revived see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . s 168 ins 2002 No. 59 s 4 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2023 No. 11 s 33 (sec.168-ssec.1) An eligible child is a child charged with an eligible drug offence who has pleaded guilty to the offence. (sec.168-ssec.2) The child is not an eligible child if— a charge against the child for a disqualifying offence is pending in a court; or the child has, at any time, been convicted of a disqualifying offence; or 2 diversion alternatives have previously been given to the child. (sec.168-ssec.3) For subsection (2) (b) , a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986 . (sec.168-ssec.4) For subsection (2) (c) — a diversion alternative has been given to the child if— a court has referred the child to a drug assessment and education session under section 172 ; or the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and for counting the number of diversion alternatives given to the child, a diversion alternative— is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given. (sec.168-ssec.5) In this section— conviction see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . prescribed diversion alternative means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4) (a) (i) or (ii) . rehabilitation period see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . revived see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . - (a) a charge against the child for a disqualifying offence is pending in a court; or - (b) the child has, at any time, been convicted of a disqualifying offence; or - (c) 2 diversion alternatives have previously been given to the child. - (a) a diversion alternative has been given to the child if— (i) a court has referred the child to a drug assessment and education session under section 172 ; or (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and - (i) a court has referred the child to a drug assessment and education session under section 172 ; or - (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or - (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and - (b) for counting the number of diversion alternatives given to the child, a diversion alternative— (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given. - (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and - (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given. - (i) a court has referred the child to a drug assessment and education session under section 172 ; or - (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or - (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and - (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and - (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.