Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) a court is the referring entity for an offence under table 22, item 3; and
(b) the prosecution and any lawyer representing the offender agree that the offence should be referred for restorative justice; and
(c) either—
(i) the court is satisfied that the section 24 referral conditions apply; or
(ii) the court considers that it is appropriate to refer the offence for restorative justice, and the court has ensured that explanations have been given as mentioned in section 25 to each person of whom the court is aware who is a victim, or a parent of a child victim, of the offence, and the offender.
(2) The court may by order (a court referral order ) adjourn the proceeding for a stated period, and refer the offence for restorative justice, on the application of the director of public prosecutions.
(3) The court must ensure that a copy of the court referral order is given to—
(a) each victim and parent mentioned in subsection (1) (c) (ii); and
(b) the offender; and
(c) the director of public prosecutions and any lawyer representing the offender; and
(d) the chief executive.
(4) For the referral of a domestic violence offence alleged to have been committed by a young offender, the court may make a court referral order only if it considers that exceptional circumstances exist to justify the referral.
Note This Act does not apply to a domestic violence offence alleged to have been committed by an adult offender unless the offender pleads guilty to the offence, or is found guilty of the offence (see s 16).
(5) Subsection (4) does not apply before the phase 2 application day.
(6) However, subsection (4) may apply to an offence even if the offence was allegedly committed before the phase 2 application day.
(7) To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsection (4).
Note If the Legislation Act, s 79 applied to the subsection, it would automatically commence 6 months after the commencement of this Act (apart from s 1 and s 2) if it had not already been effectively commenced by the declaration of the phase 2 application day.
(8) Subsections (5) to (10) (including this subsection) expire on the phase 2 application day.
Note A provision of an Act expires at the end of the day fixed for its expiry (see Legislation Act, s 85 (3); "repeal "in s 85 includes expiry—see s 82).
(9) Subsections (5) to (10) (including this subsection) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(10) In this section:
phase 2 application day —see section 15 (4).