(1) A referring entity may refer an offence for restorative justice if the entity is satisfied that all the following conditions (the section 24 referral conditions ) apply:
(a) the offender is an eligible offender;
(b) there is an eligible victim or parent in relation to the offence;
(c) an explanation has been given under section 25 to the eligible offender, before the offender agrees to take part in restorative justice.
Note The conditions under which a victim, parent or offender may be eligible are set out in s 17, s 18 and s 19.
(2) The restorative justice guidelines may prescribe procedures for making decisions about referrals under subsection (1).
(3) This section is subject to the following sections:
(a) section 26 (Referral by DPP—less serious family violence offences and less serious sexual offences);
(b) section 27 (Referral during court proceeding—before offender enters plea).
(4) This section does not apply to a referral under section 28A (Referrals not requiring offender notification—post-sentence stage).