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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 24

Referral power

    (1)     A referring entity may refer an offence for restorative justice if the entity is satisfied that all the following conditions (the section 24 referral conditions ) apply:

        (a)     the offender is an eligible offender;

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

        (c)     an explanation has been given under section 25 to all eligible victims and parents, and the eligible offender, before they agree to take part in restorative justice.

Note     The conditions under which a victim, parent or offender may be eligible are set out in s 17, s 18 and s 19.

    (2)     The restorative justice guidelines may prescribe procedures for making decisions about referrals under subsection (1).

    (3)     This section is subject to the following sections:

        (a)     section 26 (Referral by DPP—domestic violence offences by young offenders;

        (b)     section 27 (Referral during court proceeding).



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