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sets out which offences under the Road Safety Act 1986 the diversion program does not apply to and gives a discretion to the Magistrates' Court to adjourn a proceeding for a period of 12 months or less to enable the accused to complete a diversion program if—
before taking a formal plea from the accused in a proceeding for a summary offence or an indictable offence that may be heard and determined summarily, the accused acknowledges responsibility for the offence to the court;
their participation in a diversion program appears appropriate to the court; and
both parties consent to an adjournment for this purpose.
An accused's acknowledgement to the court of responsibility for an offence is inadmissible as evidence in a proceeding for that offence and does not constitute a plea. If an accused completes a diversion program, no plea is to be taken and the court must discharge the accused without any finding of guilt. The fact of participation in the diversion program is not to be treated as a finding of guilt except for a number of exceptions set out in subclause (4)(c) including Part 4 of the Sentencing Act 1991. The fact of participation in the diversion program and the discharge of the accused is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances. The clause sets out the consequences if the accused does not complete a diversion program to the satisfaction of the court and is subsequently found guilty of the charge. In this instance, the court must take into account the extent to which the accused complied with the diversion program when sentencing the accused. The clause does not affect the requirements to observe the rules of natural justice nor does it affect the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act. Division 3—Sentence indication