Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 6

When is a charge pending?

S. 6(1) amended by No. 72/2016 s. 5.

    (1)     Subject to any regulations made under subsection (2), for the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways—

        (a)     the charge is withdrawn or the person dies without the charge having been determined;

        (b)     the charge is dismissed by a court;

        (c)     the person is discharged by a court following a committal hearing;

S. 6(1)(d) amended by No. 51/2010 s. 3(1).

        (d)     the person is acquitted or found guilty of the offence by a court;

S. 6(1)(e) inserted by No. 51/2010 s. 3(2).

        (e)     the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009 .

    (2)     The regulations may prescribe circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act.

S. 6(3) amended by No. 68/2009 s. 97(Sch. item 136.3).

    (3)     A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.



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