Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A victim of an offence may—
(a) at any stage during the administration of criminal justice for the offence, ask a justice agency whether the offence may be referred for restorative justice; and
(b) at any stage of the criminal justice process for the offence, ask a referring entity for that stage of the process to refer the offence for restorative justice.
Note 1 The Crimes (Restorative Justice) Act 2004
sets out eligibility requirements for restorative justice (see that Act
, pt 5) and the process for referral of offences for restorative justice (see that Act
, pt 6).
Note 2 Under the Crimes (Restorative Justice) Act 2004
, s 28A, in stated circumstances, an offence may be referred for restorative justice by a post-sentence referring entity without telling the offender that the offence is being considered for restorative justice.
(2) However, a victim of an offence committed by a person who is at least 10 years old but under the age of criminal responsibility for the offence may ask the agency or entity at any time and whether or not a criminal justice process has, or can be, begun for the offence.
(3) In this section:
"stage", of the criminal justice process, has the same meaning as in the Crimes (Restorative Justice) Act 2004
"under the age of criminal responsibility"—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code
, section 25 for the offence.