Australian Capital Territory Current Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 51

Nature of agreement

    (1)     A restorative justice agreement in relation to an offence must include measures intended to repair the harm caused by the offence.

    (2)     The agreement may include 1 or more of the following:

        (a)     an apology by the offender to any victim or parent of a victim;

        (b)     a plan to address the offending behaviour of the offender;

        (c)     a work plan to be carried out by the offender for the benefit of any victim or parent of a victim;

        (d)     a work plan to be carried out by the offender for the benefit of the community or a part of the community;

        (e)     financial reparation to be paid by the offender to any victim or parent of a victim;

        (f)     anything else that each required participant and substitute participant in the conference agree would help repair the harm caused by the offence.

    (3)     The agreement must be fair and, in the opinion of each required participant and substitute participant in the conference and the convenor, reasonably able to be carried out by the offender.

    (4)     The agreement must not require the offender or anyone else to do anything that would—

        (a)     be unlawful; or

        (b)     require the detention of the offender (whether full-time or for any period); or

        (c)     be degrading or humiliating to the offender or anyone else; or

        (d)     cause distress to the offender or anyone else.

    (5)     The agreement must be for a term of no longer than 6 months, starting on—

        (a)     the date the agreement is made; or

        (b)     if a later starting date is stated in the agreement—the later date.

Note     The term of the agreement may be extended beyond this period, or reduced, by an amendment under s 55.



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