Part IACA - Witness identity protection for operatives  

Division 1 - Preliminary  

SECTION 15MC   When a charge is outstanding or pending  

For the purposes of this Part:

(a) a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways:

(i) the charge is withdrawn;

(ii) the charge is dismissed by a court;

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

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

(b) a charge against a person for an offence is pending if the person has not yet been charged with the offence, but:

(i) the person has been arrested for the offence, unless the person has been later released without being charged with an offence; or

(ii) a summons to appear before a court to answer a charge for the offence has been served on the person; and

(c) an allegation of professional misconduct against a person is outstanding if the allegation has not been finally dealt with in accordance with the procedures that apply for the purposes of dealing with an allegation of that kind.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.