(1) A victim of an offence is eligible for restorative justice in relation to the offence if—
(a) this Act applies to the offence and the offender under part 4; and
(b) the victim is at least 10 years old; and
(c) the victim is capable of agreeing to take part in restorative justice.
(2) If a victim of an offence is younger than 10 years old, an immediate family member of the victim is eligible for restorative justice in relation to the offence if—
(a) this Act applies to the offence and the offender under part 4; and
(b) the immediate family member is at least 10 years old; and
(c) the immediate family member is capable of agreeing to take part in restorative justice.
Note Alternatively, a parent of a child victim of an offence may take part in restorative justice as an invited participant (see s 44).
(3) For this Act, a victim of an offence, or an immediate family member of a victim of an offence, is an eligible victim in relation to the offence if the victim or immediate family member is eligible for restorative justice under this section.
(4) In this section:
"immediate family member", in relation to a victim of an offence, means a person who was, at the time the offence was committed—
(a) a parent of the victim; or
(b) a sibling of the victim.
Examples of siblings
1 brother or sister
2 half-brother or half-sister
3 step-brother or step-sister
4 someone who has the same guardian or foster parent as the victim
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).