Pre-Trial Diversion of Offenders Act 1985 (NSW)

Pre-Trial Diversion of Offenders Act 1985 No 153

An Act to establish a procedure whereby child sexual assault offenders may be diverted from the criminal process into a treatment program.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Pre-Trial Diversion of Offenders Act 1985.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (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.

2A Purpose of Act 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.

Note— "De facto partner" is defined in section 21C of the Interpretation Act 1987.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: 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. Director means the person nominated by the Director-General of the Department of Health to be Director of the Program. Program means the Pre-Trial Diversion of Offenders Program approved in accordance with Part 3A. regulations mean regulations made under this Act. (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offence in subsection (1) to an offence under a specified provision of the Crimes Act 1900 that has been amended or repealed is, or includes, a reference to an offence mentioned in the provision as in force before the amendment or repeal. (3) Notes included in this Act do not form part of this Act.