Australian Capital Territory Current Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 8

When restorative justice is available

Restorative justice is available for an offence if all of the following requirements are satisfied:

        (a)     there is an eligible victim or eligible parent in relation to the offence;

        (b)     the offender is an eligible offender;

        (c)     the offence is referred for restorative justice by a referring entity;

        (d)     the director-general decides that restorative justice is suitable for the offence.

Note 1     Victims, parents and offenders are eligible for restorative justice if they qualify under part 5.

Note 2     The director-general may only decide that restorative justice is suitable for an offence according to the requirements of pt 7 (see s 10, def).

Note 3     The restorative justice process is provided for by this Act as follows:

              •     pt 5 (Eligibility for restorative justice) deals with eligibility of victims (or their parents) and offenders for restorative justice

              •     pt 6 (Referral for restorative justice) deals with the referral of offences for restorative justice

              •     pt 7 (Suitability for restorative justice) deals with the suitability of restorative justice for an offence.

              •     pt 8 (Restorative justice conferences and agreements) deals with the calling of restorative justice conferences and the making of restorative justice agreements for an offence



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