Australian Capital Territory Numbered Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 55

    (1)     The convenor may amend a restorative justice agreement on the application of a required participant in the conference, or the convenor's initiative, if the convenor considers that the amendment is necessary or desirable—

        (a)     to respond to a change in the situation of any suitable victim or parent, or the offender; or

        (b)     to correct an error.

    (2)     Without limiting subsection (1), the convenor may amend a restorative justice agreement under the subsection in response to a change in the situation of any suitable victim or parent, or the offender—

        (a)     to increase the term of the agreement, including an increase that would provide for the agreement to end more than 6 months after the day it started under section 51 (5); or

        (b)     to reduce the term of the agreement.

Example

Sam is an offender, and Bella is a victim of Sam's offence. Sam is found guilty of the offence but, under the Crimes Act 1900 , s 402 (1), the charge is dismissed and no conviction is recorded. After taking part in a restorative justice conference, Sam and Bella sign a restorative justice agreement under which Sam agrees to work in Bella's garden every Saturday for 6 months.

However, 4 months after the start of the agreement, the company Sam works for moves its head office from Canberra to Brisbane, and Sam is required to move there before the 6 months is over in order to keep his job. Sam has until then complied fully with the agreement.

The convenor may consider, because of Sam's history of compliance with the agreement, and the change in Sam's situation, there is a change in Sam's situation that would justify an amendment to the agreement to reduce its term so that it will end when Sam has to move to Brisbane.

Note 1     See s (5), def change in the situation . The definition excludes a change in the offender's, victim's or parent's attitude to compliance with the restorative justice agreement.

Note 2     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).

    (3)     However, any amendment of a restorative justice agreement to respond to a change in the situation of any suitable victim or parent, or the offender, may only be made after the convenor has consulted each required participant in the conference who is a suitable victim or parent, or a substitute participant for a suitable victim or parent.

    (4)     If the convenor amends a restorative justice agreement under this section, the convenor must give notice of the amendment and a copy of the agreement, as amended, to—

        (a)     each required participant in the conference; and

        (b)     the referring entity for the offence.

    (5)     In this section:

"change in the situation", of a victim, parent or offender in relation to a restorative justice agreement, does not include a change in the victim's, parent's or offender's attitude to complying with the agreement.