Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In deciding whether restorative justice is suitable for an offence, the chief executive must consider the following:
(a) any government or administrative policy relating to the treatment of offences of the relevant kind;
(b) the nature of the offence, including the level of harm caused by or violence involved in its commission or alleged commission;
(c) the appropriateness of restorative justice at the current stage of the criminal justice process in relation to the offence;
(d) any potential power imbalance between the people who are to take part in restorative justice for the offence;
(e) the physical and psychological safety of anyone who is to take part in restorative justice for the offence.
(2) The chief executive may decide that restorative justice is suitable for a domestic violence offence committed by a young offender only if satisfied that exceptional circumstances exist to justify the calling of a restorative justice conference for the offence.
(3) Subsection (2) does not apply before the phase 2 application day.
(4) However, subsection (2) may apply to an offence even if the offence was committed before the phase 2 application day.
(5) To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsection (2).
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.
(6) Subsections (3) to (8) (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).
(7) Subsections (3) to (8) (including this subsection) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(8) In this section:
phase 2 application day —see section 15 (4).