Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The director-general is responsible for deciding whether restorative justice is suitable for an offence.
(2) The director-general may decide whether restorative justice is suitable for an offence only after considering the following:
(a) the general considerations mentioned in section 33;
(b) suitability for the eligible victim or parent under section 34 or section 35;
(c) suitability for the offender under section 36.
(3) Subject to section 32A, if the director-general decides that restorative justice is suitable for an offence, the director-general must ask the following for written consent for a restorative justice conference to be called for the offence:
(a) the eligible victim or parent, or both (if there is an eligible victim and an eligible parent);
(b) the eligible offender.
Note If a form is approved under s 73 for this provision, the form must be used.
(4) In this section:
"written consent "includes oral or other consent, if a written record of the consent is made by a person who was with the person giving the consent when it was given.
Example
Royce is an eligible victim who has an acquired brain injury that limits his ability to write and speak. Royce is able to indicate his consent by using a communication board. Royce's mother is with Royce when he consents and makes a written record of his actions.