Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 47

Discontinuance of restorative justice

    (1)     The convenor of a restorative justice conference may decide to—

        (a)     cancel the conference before it is conducted; or

        (b)     discontinue the conference at any time after it has started.

    (2)     The convenor may cancel or discontinue the conference only if, in the convenor's opinion based on reasonable grounds, there is no significant prospect of promoting the objects of this Act by conducting, or continuing to conduct, the conference.

    (3)     Without limiting subsection (2), the convenor must cancel or discontinue the conference if, in the convenor's opinion based on reasonable grounds, before or during the conference—

        (a)     a suitable victim or parent has withdrawn his or her agreement to take part in the conference, and there is no other suitable victim or parent (or substitute participant for a suitable victim or parent) who agrees to take part in the conference; or

        (b)     the offender has withdrawn his or her agreement to take part in the conference.

    (4)     If the convenor decides to cancel or discontinue the conference, the convenor must give notice of the decision to—

        (a)     each required participant in the conference; and

        (b)     the referring entity for the offence.



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