Australian Capital Territory
Crimes (Restorative Justice) Act 2004    
A2004-65
Republication No 21
Effective:  24 May 2017 – 31 December 2017
Republication date: 24 May 2017
Last amendment made by A2017‑14
(republication for updated endnotes
as amended by A2017‑14)

About this republication
The republished law
This is a republication of the Crimes (Restorative Justice) Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 May 2017.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 May 2017.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Crimes (Restorative Justice) Act 2004

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Underlying principles
	6	Objects of Act	4
	7	Application of restorative justice	4
	8	When restorative justice is available	5
	9	No obligation to participate	6
Part 3	Key concepts
	10	Definitions—restorative justice	7
	11	Definitions—child victim, parent and victim	8
	12	Definitions—offences and offenders	8
	13	Definition—sentence-related order	10
Part 4	Application of Act
	14	Application of Act—less serious offences	12
	15	Application of Act—serious offences	12
	16	Application of Act—family violence offences and sexual offences	13
Part 5	Eligibility for restorative justice
	17	Eligible victims	15
	18	Eligible parents	16
	19	Eligible offenders	16
	20	Accepting responsibility for offences	17
Part 6	Referral for restorative justice
Division 6.1	Preliminary
	21	Definitions—referral	18
Division 6.2	General
	22	Referring entities	18
	23	Referral—procedure	22
	24	Referral power	22
	25	Explanation of restorative justice	23
	26	Referral by DPP—less serious family violence offences and less serious sexual offences	24
Division 6.3	Referral by courts
	27	Referral during court proceeding	25
	28	Court referral orders—reports	27
Part 7	Suitability for restorative justice
	29	Meaning of personal characteristics for pt 7	29
	30	Suitability—eligibility requirement	29
	31	Finding of eligibility by referring entity	29
	32	Suitability—decision	30
	32A	Explanation of restorative justice––before consent	30
	33	Suitability—general considerations	31
	34	Suitability—victims	33
	35	Suitability—eligible parents	33
	36	Suitability—offenders	34
Part 8	Restorative justice conferences and agreements
Division 8.1	General
	37	Definitions—pt 8	35
	38	Meaning of referring entity—pt 8	35
	39	Decision to call conference	35
Division 8.2	Convenors
	40	Appointment of convenors	36
	41	What a convenor does	37
Division 8.3	Conduct of conference
	42	Required participants	38
	43	Substitute participants	38
	44	Invited participants	38
	45	Explanation for participants	40
	46	Form of conference	41
	47	Discontinuance of restorative justice	42
	48	Report to referring entity about outcome	42
Division 8.4	Restorative justice agreements
	49	Application—div 8.4	43
	50	Agreement as object of conference	43
	51	Nature of agreement	43
	52	Form of agreement	44
	53	Explanation of effect of agreement	45
	54	Notice of agreement	46
	55	Amendment of agreement	46
Division 8.5	Monitoring compliance with restorative justice agreements
	56	Application—div 8.5	48
	57	Monitoring compliance—director‑general (restorative justice)	48
	58	Monitoring compliance—referring entities	49
Division 8.6	Evidence of statements made at conferences
	59	Evidence of offences	50
	60	Evidence of future offences	51
Part 9	Administration
Division 9.1	General administration
	61	Restorative justice guidelines	52
	62	Police participation in restorative justice	52
	63	Information sharing	53
	64	Secrecy	53
	65	Secrecy about information acquired under other Acts	55
	66	Protection from liability	56
Division 9.2	Reporting and records
	67	Meaning of referring entity—div 9.2	56
	68	Quarterly reporting by director‑general	56
	69	Record-keeping by referring entities	58
	70	Record-keeping by director‑general	58
	71	Restorative justice database	59
Part 10	Miscellaneous
	72	Exercise of functions by director‑general	60
	73	Approved forms	61
	74	Regulation-making power	61
Dictionary		62
Endnotes
	1	About the endnotes	65
	2	Abbreviation key	65
	3	Legislation history	66
	4	Amendment history	70
	5	Earlier republications	75

Australian Capital Territory
Crimes (Restorative Justice) Act 2004

An Act to provide a process of restorative justice for victims, offenders and the community, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Crimes (Restorative Justice) Act 2004.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘adult offender—see section 12.’ means that the term ‘adult offender’ is defined in s 12.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Underlying principles
6	Objects of Act
The objects of this Act are as follows:
	(a)	to enhance the rights of victims of offences by providing restorative justice as a way of empowering victims to make decisions about how to repair the harm done by offences;
	(b)	to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment;
	(c)	to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act;
	(d)	to enable access to restorative justice at every stage of the criminal justice process without substituting for the criminal justice system or changing the normal process of criminal justice;
	(e)	to enable agencies that have a role in the criminal justice system to refer offences for restorative justice.
Note	Offence includes an offence that is alleged to have been committed, but has not yet been tried in court, or proven (see s 12).
7	Application of restorative justice
	(1)	In deciding how to deal with an offence, a referring entity may consider whether it is appropriate to refer the offence for restorative justice before considering other action.
Note	Referring entities are listed at table 22.  They represent the agencies responsible for the various stages of the criminal justice process in relation to an offence.
	(2)	However, if an offence is referred for restorative justice, the referral is to have no effect on any other action or proposed action in relation to the offence or the offender by the referring entity.
Example
Sían is arrested and charged with an offence.  The chief police officer refers the offence for restorative justice.  The referral of the offence does not prevent Sían being required to attend court to answer the charge.
Note	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).
8	When restorative justice is available
Restorative justice is available for an offence if all of the following requirements are satisfied:
	(a)	there is an eligible victim or eligible parent in relation to the offence;
	(b)	the offender is an eligible offender;
	(c)	the offence is referred for restorative justice by a referring entity;
	(d)	the director‑general decides that restorative justice is suitable for the offence.
Note 1	Victims, parents and offenders are eligible for restorative justice if they qualify under part 5.
Note 2	The director‑general may only decide that restorative justice is suitable for an offence according to the requirements of pt 7 (see s 10, def).
Note 3	The restorative justice process is provided for by this Act as follows:
·	pt 5 (Eligibility for restorative justice) deals with eligibility of victims (or their parents) and offenders for restorative justice
·	pt 6 (Referral for restorative justice) deals with the referral of offences for restorative justice
·	pt 7 (Suitability for restorative justice) deals with the suitability of restorative justice for an offence.
·	pt 8 (Restorative justice conferences and agreements) deals with the calling of restorative justice conferences and the making of restorative justice agreements for an offence
9	No obligation to participate
There is no obligation on a victim, a parent of a child victim or an offender—
	(a)	to take part in restorative justice; or
	(b)	to continue to take part in restorative justice after it has started.
Note	Victims (or their parents) and offenders must be given clear explanations of the purpose and procedures involved in the restorative justice process before agreeing to take part.  In addition, the legal status of the process and the legal effect of entering into a restorative justice agreement must be clearly explained to victims (or their parents) and offenders.  See the following:
·	s 25 (Explanation of restorative justice)
·	s 45 (Explanation for participants)
·	s 53 (Explanation of effect of agreement).

Part 3	Key concepts
10	Definitions—restorative justice
In this Act:
eligible offender—see section 19.
eligible parent—see section 18.
eligible victim— see section 17.
referred, for restorative justice—an offence is referred for restorative justice if a referring entity proposes that consideration be given to whether restorative justice is suitable for the offence.
referring entity—
	(a)	see section 22; but
	(b)	for part 8 (Restorative justice conferences and agreements)—see section 38; and
	(c)	for division 9.2 (Reporting and records)—see section 67.
restorative justice means the process of restorative justice provided under this Act, including a restorative justice conference under this Act.
suitable—restorative justice is suitable for an offence, or an eligible victim, parent or offender in relation to an offence, if the director‑general decides under part 7 that restorative justice is suitable for the offence, victim, parent or offender.
11	Definitions—child victim, parent and victim
In this Act:
child victim, of an offence, means a victim of an offence who is a child.
Note	A child is an individual under 18 years old (see Legislation Act, dict, pt 1, def child).
parent, of a child, means a person with parental responsibility for the child within the meaning of the Children and Young People Act 2008, division 1.3.2 (Parental responsibility).
victim—
	(a)	has the meaning given by the Victims of Crime Act 1994, dictionary; and
	(b)	includes a person who would be a victim if a reference in that Act to an offence included a reference to an offence that is alleged to have been committed.
12	Definitions—offences and offenders
In this Act:
adult offender, in relation to an offence, means an offender who was an adult when the offence was committed.
Note	An adult is an individual who is at least 18 years old (see Legislation Act, dict, pt 1, def adult).
commission, of an offence that is alleged to have been committed, includes the alleged commission of the offence.
Note	Offence is defined to include an offence that is alleged to have been committed.  Offender is defined in similar terms.  See definitions of offence and offender in this section.
family violence offence—see the Family Violence Act 2016, dictionary.
less serious family violence offence means—
	(a)	an offence if the conduct making up the offence is family violence under the Family Violence Act 2016 that is punishable by a term of imprisonment of—
	(i)	if the offence relates to money or other property—14 years or less; or
	(ii)	in any other case—10 years or less; and
	(b)	a contravention of a protection order under the Family Violence Act 2016, section 43.
less serious offence means an offence other than a serious offence.
less serious sexual offence means an offence under the Crimes Act 1900, part 3 that is punishable by a term of imprisonment of 10 years or less.
offence—
	(a)	means an offence against a territory law; and 
	(b)	includes an offence against a territory law that is alleged to have been committed by a person, unless—
	(i)	a court has acquitted the person of the offence; or
	(ii)	a court has dismissed a proceeding against the person for the offence without finding the person guilty.
offender—
	(a)	means a person who has been convicted or found guilty of an offence against a territory law; and
	(b)	includes a person who is alleged to have committed an offence against a territory law, unless—
	(i)	a court has acquitted the person of the offence; or
	(ii)	a court has dismissed a proceeding against the person for the offence without finding the person guilty.
serious family violence offence means an offence if the conduct making up the offence is family violence under the Family Violence Act 2016 that is punishable by a term of imprisonment of—
	(a)	if the offence relates to money or other property—more than 14 years; or;
	(b)	in any other case—more than 10 years.
serious offence means an offence punishable by imprisonment for a term longer than—
	(a)	if the offence relates to money or other property—14 years; or
	(b)	in any other case—10 years.
serious sexual offence means an offence under the Crimes Act 1900, part 3 that is punishable by a term of imprisonment of more than 10 years.
sexual offence means a less serious sexual offence or a serious sexual offence.
young offender, in relation to an offence, means an offender who was less than 18 years old, but at least 10 years old, when the offence was committed or allegedly committed.
13	Definition—sentence-related order
In this Act:
sentence-related order, for an offender who is found guilty of an offence, means any of the following orders of the court:
	(a)	an order sentencing the offender;
	(b)	an order under the Crimes (Sentencing) Act 2005, section 12 (Suspended sentences) or section 17 (Non‑conviction orders—general).
Examples—par (a)
1	an order for a sentence of imprisonment
2	an order for intensive correction under the Crimes (Sentencing) Act 2005
3	a good behaviour order under the Crimes (Sentencing) Act 2005, including an order subject to a community service condition
Note 1	Orders under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) and s 403 (Conditional release of offenders) (repealed) are taken to be orders under the Crimes (Sentencing) Act 2005, s 12 or s 17 (see Crimes (Sentence Administration) Act 2005, s 336 to s 338).
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).

Part 4	Application of Act 
14	Application of Act—less serious offences
	(1)	This Act applies to a less serious offence committed by a young offender or an adult offender.
	(2)	This Act applies to a less serious offence committed by a young offender or an adult offender even if the offence was committed before the day this section commenced.
	(3)	This section does not apply to a family violence offence or a sexual offence.
Note	For the application of this Act to family violence offences and sexual offences, see s 16.
15	Application of Act—serious offences
	(1)	This Act applies to a serious offence committed by a young offender or an adult offender if the offender—
	(a)	is charged with the offence; and
	(b)	either—
	(i)	pleads guilty to the offence; or
	(ii)	is found guilty of the offence (whether or not the offender is convicted or sentenced for the offence).
	(2)	This Act applies to a serious offence committed by a young offender or an adult offender even if the offence was committed before the day this section commenced.
	(3)	This section does not apply to a family violence offence or a sexual offence.
Note	For the application of this Act to family violence offences and sexual offences, see s 16.
16	Application of Act—family violence offences and sexual offences
	(1)	This Act applies to a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender.
	(2)	Subsection (1) applies whether or not the young offender or adult offender is charged with the offence.
Note 1	An offence may have been committed if it is alleged that the offence was committed (see s 12, def commission).
Note 2	For the director-general to decide that a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender is suitable for restorative justice under pt 7 before the offender pleads guilty to the offence or is found guilty of the offence, the director-general must be satisfied that exceptional circumstances exist for the calling of a restorative justice conference (see s 33 (2)).
	(3)	This Act applies to a serious family violence offence or a serious sexual offence committed by a young offender or an adult offender if—
	(a)	the offender is charged with the offence; and
	(b)	either—
	(i)	the offender pleads guilty to the offence; or
	(ii)	the offender is found guilty of the offence (whether or not the offender is convicted or sentenced for the offence).
	(4)	However, subsections (1) to (3) may apply to a family violence offence or a sexual offence even if the offence was committed before the phase 3 application day.
	(5)	Subsections (1) to (4) do not apply before a day declared by the Minister (the phase 3 application day).
	(6)	To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsections (1) to (4).
Note	If the Legislation Act, s 79 applied to ss (1) to (4), the subsections would automatically commence 6 months after the day this Act commences (apart from s 1 and s 2) if it had not already been effectively commenced by the declaration of the phase 3 application day.
	(7)	Subsections (5) and (6) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(8)	Subsections (5) to (7) and this subsection expire on the phase 3 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).

Part 5	Eligibility for restorative justice
17	Eligible victims
	(1)	A victim of an offence is eligible for restorative justice in relation to the offence if—
	(a)	this Act applies to the offence and the offender under part 4; and
	(b)	the victim is at least 10 years old; and
	(c)	the victim is capable of agreeing to take part in restorative justice.
	(2)	If a victim of an offence is younger than 10 years old, an immediate family member of the victim is eligible for restorative justice in relation to the offence if—
	(a)	this Act applies to the offence and the offender under part 4; and
	(b)	the immediate family member is at least 10 years old; and
	(c)	the immediate family member is capable of agreeing to take part in restorative justice.
Note	Alternatively, a parent of a child victim of an offence may take part in restorative justice as an invited participant (see s 44).
	(3)	For this Act, a victim of an offence, or an immediate family member of a victim of an offence, is an eligible victim in relation to the offence if the victim or immediate family member is eligible for restorative justice under this section.
	(4)	In this section:
immediate family member, in relation to a victim of an offence, means a person who was, at the time the offence was committed—
	(a)	a parent of the victim; or
	(b)	a sibling of the victim.
Examples of siblings
	1	brother or sister
	2	half-brother or half-sister
	3	step-brother or step-sister
	4	someone who has the same guardian or foster parent as the victim
Note	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).
18	Eligible parents
	(1)	A parent of a child victim of an offence (no matter how old the child victim is) is eligible for restorative justice in relation to the offence if—
	(a)	this Act applies to the offence and the offender under
part 4; and
	(b)	the child victim is incapable of adequately understanding or responding to the experience of the offence, or has died; and
	(c)	the parent is capable of agreeing to take part in restorative justice.
	(2)	For this Act, a parent of a child victim of an offence is an eligible parent in relation to the offence if the parent is eligible for restorative justice under this section.
19	Eligible offenders
	(1)	An offender who commits an offence is eligible for restorative justice if—
	(a)	this Act applies to the offence and the offender under
part 4; and
	(b)	the offender—
	(i)	accepts responsibility for the commission of the offence; and
	(ii)	was at least 10 years old when the offence was committed, or was allegedly committed; and
	(iii)	is capable of agreeing to take part in restorative justice; and
	(iv)	agrees to take part in restorative justice.
	(2)	For this Act an offender is an eligible offender in relation to the offence if the offender is eligible for restorative justice under this section.
20	Accepting responsibility for offences
	(1)	If an offender accepts responsibility for the commission of an offence to take part in restorative justice, this Act does not prevent the offender from pleading not guilty for the offence.
	(2)	The fact that a court knows that an offender has accepted responsibility for the commission of an offence to take part in restorative justice does not require a court to reduce the severity of any sentence it may make for the offender.
Note 1	To be eligible take part in restorative justice, an offender must accept responsibility for the commission of the offence (see s 19).
Note 2	The Crimes (Sentencing) Act 2005, section 33 (1) (x) provides that, in deciding how an offender should be sentenced (if at all) for an offence, the matters known to the court that it must consider include, if relevant, the fact that the person has accepted responsibility for the offence to take part in restorative justice.
	However, the Crimes (Sentencing) Act 2005, section 34 (1) (g) provides that a court must not increase the severity of the sentence that it would otherwise impose on a person for an offence because the offender has chosen not to take part, or to continue to take part, in restorative justice for the offence.

Part 6	Referral for restorative justice
Division 6.1	Preliminary
21	Definitions—referral
In this Act:
director‑general (children and young people)—see section 22 (2).
director‑general (corrections)—see section 22 (2).
director‑general (restorative justice)—see section 22 (2).
court referral order—see section 27 (2).
Note	Referred is defined in s 10.
referring entity—see section 22.
section 24 referral conditions—see section 24.
Division 6.2	General
22	Referring entities
	(1)	An entity mentioned in table 22, column 2 (a referring entity) may refer an offence for restorative justice at the stage of the criminal justice process described for the entity in column 3 in relation to the offence.
	(2)	In table 22:
director‑general (children and young people) means the director‑general of the administrative unit responsible for the administration of the Children and Young People Act 2008, acting in that capacity.
director‑general (corrections), in relation to an offender for whom a sentence-related order is made, means the director‑general of the administrative unit responsible for the administration of the order, acting in that capacity.
director‑general (restorative justice) means the director‑general of the administrative unit responsible for the administration of this Act, acting in that capacity. 
Example (definitions of all directors‑general)
For this example, the administrative unit responsible for the administration of sentence-related orders (for both young and adult offenders) is also the administrative unit responsible for the administration of this Act and the Children and Young People Act 2008.  The administrative unit has a single director‑general.  That director‑general, in different capacities corresponding to those different responsibilities, may be differently described as follows:
·	The director‑general is the director‑general (children and young people) while exercising a function in relation to an offence allegedly committed by a child who is the subject of a care and protection order under the Children and Young People Act 2008.
·	The director‑general is the director‑general (corrections) while exercising a function in relation to a young or adult offender who is the subject of a sentence-related order.
·	The director‑general is the director‑general (restorative justice) while exercising a function relating to the administration of this Act.
Note 1	If this Act refers simply to the director‑general (without a tag) this is a reference to the director‑general of the administrative unit responsible for the administration of this Act (see Legislation Act, s 163).
Note 2	A director‑general may delegate any powers given to the director‑general under this Act under the Public Sector Management Act 1994, s 20.
Note 3	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).
prosecution referral, for an offender, means referral of the offender for prosecution by any of the following:
	(a)	a voluntary agreement to attend court;
	(b)	a court attendance notice under the Magistrates Court Act 1930.
	(c)	a summons;
	(d)	the arrest and charging of the offender.
victims of crime commissioner means the victims of crime commissioner appointed under the Victims of Crime Act 1994.
Table 22	Referring entities
column 1
item	column 2
referring entity	column 3
stage of criminal justice process	
1	chief police officer
director‑general (restorative justice)
director‑general (children and young people)
police officer
victims of crime commissioner		(a)	after the offender is cautioned or apprehended; and
	(b)	before a prosecution referral is made for the offender	
2	director of public prosecutions		(a)	after a prosecution referral is made for the offender; and
	(b)	before a second mention hearing for the offence by a court has begun	
3	Magistrates Court (including the Childrens Court)
Supreme Court	unless, or until, the offender pleads guilty to the offence—
	(a)	after a second mention hearing for the offence has begun; and
	(b)	before the end of a case management hearing or case status inquiry for the offence	
4	Magistrates Court (including the Childrens Court)
Supreme Court	if the offender pleads guilty to, or is found guilty of, the offence— 
	(a)	after the offender pleads guilty to, or is found guilty of, the offence (whether or not the offender has been convicted or sentenced); and
	(b)	before the end of the proceeding	
5	director‑general (children and young people)
director‑general (corrections)
director‑general (restorative justice)
sentence administration board
victims of crime commissioner		(a)	after a court has made a sentence-related order in relation to the offender; and
	(b)	before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later)	
6	referring entity prescribed by regulation	stage of the criminal justice process prescribed by regulation	
23	Referral—procedure
	(1)	The referring entity must give a referral to the director‑general (restorative justice).
Note	Section 72 deals with what happens if the referring entity is the same director‑general as the director‑general (restorative justice), but the referral is made by the director‑general as director‑general (corrections) or director‑general (children and young people).
	That section provides that the director‑general must ensure that appropriate administrative arrangements are made for the referral to be given by a delegate of the director‑general as director‑general (corrections) or director‑general (children and young people) to a delegate of the director‑general as director‑general (restorative justice).
	(2)	The referral—
	(a)	must be in writing, stating the grounds for referral; and
	(b)	if the referring entity is a court—may be in the form of a court referral order or sentence-related order, or as a condition of a bail order.
Note	If a form is approved under s 73 for this provision, the form must be used.
	(3)	This section does not apply if the referring entity is the director‑general (restorative justice).
Note	The referring entity may be the director‑general (restorative justice) under table 22, item 1 or 5.
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 the eligible offender, before the offender agrees 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—less serious family violence offences and less serious sexual offences);
	(b)	section 27 (Referral during court proceeding).
25	Explanation of restorative justice
Before an offence is referred for restorative justice, the referring entity must ensure that reasonable steps are taken to explain to the eligible offender (in language that the offender can readily understand)––
	(a)	the purpose of restorative justice generally and for the particular offence; and
	(b)	the nature of restorative justice, including the following:
	(i)	the nature of a restorative justice conference;
	(ii)	who may take part in a restorative justice conference;
	(iii)	the nature of a restorative justice agreement; and
	(c)	that the offender may seek independent legal advice about taking part in restorative justice; and
	(d)	that no-one is under an obligation to take part, or continue to take part, in restorative justice after it has started; and
	(e)	if the offender has not entered a plea for the offence—that the acceptance of responsibility for the commission of the offence by the offender for the purpose of restorative justice does not prevent the offender from pleading not guilty to the offence; and
	(f)	if a sentence-related order has not been made for the offender—that, if the offender is found guilty of the offence, a court, in sentencing the offender—
	(i)	may consider whether the offender accepts responsibility for the offence to take part in restorative justice, but is not required to reduce the severity of any sentence as a result; and
	(ii)	must not consider whether the offender has chosen not to take part, or not to continue to take part, in restorative justice. 
26	Referral by DPP—less serious family violence offences and less serious sexual offences
	(1)	This section applies if the director of public prosecutions is the referring entity for a less serious family violence offence or a less serious sexual offence allegedly committed by a young offender or an adult offender.
	(2)	The director of public prosecutions may refer the offence for restorative justice if—
	(a)	the section 24 referral conditions apply; and
	(b)	the director has consulted each person who could be an eligible victim or parent for the offence.
	(3)	Subsections (1) and (2) do not apply before the phase 3 application day.
	(4)	However, subsections (1) and (2) may apply to an offence even if the offence was allegedly committed before the phase 3 application day.
	(5)	To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsection (1) or (2).
Note	If the Legislation Act, s 79 applied to subsection (1) or (2), the subsection 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 3 application day.
	(6)	Subsections (3) to (8) (including this subsection) expire on the phase 3 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 3 application day—see section 16 (5).
Division 6.3	Referral by courts
27	Referral during court proceeding
	(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 an explanation has been given under section 25 (Explanation of restorative justice) to 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—
	(a)	the director of public prosecutions; or
	(b)	the offender’s legal representative.
	(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 director‑general.
	(4)	For the referral of a less serious family violence offence or a less serious sexual offence alleged to have been committed by a young offender or an adult offender, the court may make a court referral order, before the offender pleads guilty to the offence or is found guilty of the offence, only if it considers that exceptional circumstances exist to justify the referral.
Note	This Act does not apply to a serious family violence offence or a serious sexual offence 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 3 application day.
	(6)	However, subsection (4) may apply to an offence even if the offence was allegedly committed before the phase 3 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 3 application day.
	(8)	Subsections (5) to (10) (including this subsection) expire on the phase 3 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 3 application day—see section 16 (5).
28	Court referral orders—reports
	(1)	This section applies if a court makes a court referral order for section 27 in relation to a proceeding for an offence.
	(2)	The director‑general must give the court a written report about the outcome of restorative justice for the offence within the period for which the proceeding is adjourned under the order.
	(3)	The report must include a statement of the following in relation 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:
	(a)	whether the victim, parent or offender is eligible for restorative justice;
	(b)	if the victim, parent or offender is eligible for restorative justice—whether restorative justice is suitable for the victim, parent or offender;
	(c)	whether a restorative justice conference was held;
	(d)	if a restorative justice conference was held—
	(i)	the extent to which the conference met the objects of this Act; and
	(ii)	whether a restorative justice agreement was reached at the conference.
Note	If a form is approved under s 73 for this provision, the form must be used.
	(4)	If a restorative justice agreement was reached at a restorative justice conference for the offence, the report must include a copy of the agreement.
	(5)	The director‑general must give a copy of the report to—
	(a)	each person of whom the court is aware who is a victim, or a parent of a child victim, of the offence; and
	(b)	the offender; and
	(c)	the director of public prosecutions and any lawyer representing the offender.

Part 7	Suitability for restorative justice
    
29	Meaning of personal characteristics for pt 7
In this part:
personal characteristics, of a victim, or a parent of a child victim, or offender, means personal characteristics of the victim, parent or offender that might affect the outcome of restorative justice for the relevant offence.
Examples
1	age
2	gender
3	social or cultural background
Note	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).
30	Suitability—eligibility requirement
The director‑general may decide that an offence is suitable for restorative justice only if satisfied that—
	(a)	there is an eligible victim or eligible parent for the offence; and
	(b)	the offender is an eligible offender.
31	Finding of eligibility by referring entity
	(1)	This section applies if, in a referral under section 23 (Referral—procedure), a referring entity states that a person is an eligible victim, parent, or offender and gives grounds for that statement.
	(2)	For this part, the referring entity’s statement—
	(a)	is sufficient for the director‑general to be satisfied of the fact of eligibility; but
	(b)	does not prevent the director‑general from being satisfied that a victim, parent or offender is not eligible for restorative justice.
32	Suitability—decision
	(1)	The director‑general is responsible for deciding whether restorative justice is suitable for an offence.
	(2)	The director‑general may decide whether restorative justice is suitable for an offence only after considering the following:
	(a)	the general considerations mentioned in section 33;
	(b)	suitability for the eligible victim or parent under section 34 or section 35;
	(c)	suitability for the offender under section 36.
	(3)	Subject to section 32A, if the director‑general decides that restorative justice is suitable for an offence, the director‑general must ask the following for written consent for a restorative justice conference to be called for the offence:
	(a)	the eligible victim or parent, or both (if there is an eligible victim and an eligible parent);
	(b)	the eligible offender.
Note	If a form is approved under s 73 for this provision, the form must be used.
32A	Explanation of restorative justice––before consent
Before obtaining written consent under section 32 (3), the director‑general must ensure that reasonable steps are taken to explain to each eligible victim and parent, and the offender (in language that the victim, parent or offender can readily understand)—
	(a)	the purpose of restorative justice generally and for the particular offence; and
	(b)	the nature of restorative justice, including the following:
	(i)	the nature of a restorative justice conference;
	(ii)	who may take part in a restorative justice conference;
	(iii)	the nature of a restorative justice agreement; and
	(c)	that the person may seek independent legal advice about taking part in restorative justice; and
	(d)	that no-one is under an obligation to take part, or continue to take part, in restorative justice after it has started; and
	(e)	if the offender has not entered a plea for the offence—that the acceptance of responsibility for the commission of the offence by the offender for the purpose of restorative justice does not prevent the offender from pleading not guilty to the offence; and
	(f)	if a sentence-related order has not been made for the offender—that, if the offender is found guilty of the offence, a court, in sentencing the offender—
	(i)	may consider whether the offender accepts responsibility for the offence to take part in restorative justice, but is not required to reduce the severity of any sentence as a result; and
	(ii)	must not consider whether the offender has chosen not to take part, or not to continue to take part, in restorative justice.
33	Suitability—general considerations
	(1)	In deciding whether restorative justice is suitable for an offence, the director‑general 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 director-general may decide that restorative justice is suitable for a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender before the offender pleads guilty to the offence or is found guilty of the offence 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 3 application day.
	(4)	However, subsection (2) may apply to an offence even if the offence was committed before the phase 3 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 3 application day.
	(6)	Subsections (3) to (8) (including this subsection) expire on the phase 3 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 3 application day—see section 16 (5).
34	Suitability—victims
	(1)	In deciding whether restorative justice is suitable for an eligible victim, the director‑general must consider the following:
	(a)	the victim’s personal characteristics;
	(b)	the victim’s motivation for taking part in restorative justice;
	(c)	the impact of the offence as perceived by the victim.
	(2)	For this Act, an eligible victim is a suitable victim if the director‑general decides under section 32 that the victim is suitable for restorative justice.
35	Suitability—eligible parents
	(1)	In deciding whether restorative justice is suitable for an eligible parent of a child victim, the director‑general must consider the following:
	(a)	the relationship between the parent and the child;
	(b)	the parent’s and the child victim’s personal characteristics;
	(c)	the parent’s and the child victim’s motivation for taking part in restorative justice;
	(d)	the impact of the offence as perceived by the parent and the child victim.
	(2)	For this Act, an eligible parent is a suitable parent if the director‑general decides under section 32 that the parent is suitable for restorative justice.
36	Suitability—offenders
In deciding whether restorative justice is suitable for an offender, the director‑general must consider the following:
	(a)	the extent (if any) of the offender’s contrition or remorse for the offence;
	(b)	the offender’s personal characteristics;
	(c)	the offender’s motivation for taking part in restorative justice;
	(d)	the impact of the offence as perceived by the offender.

Part 8	Restorative justice conferences and agreements
Division 8.1	General
37	Definitions—pt 8
In this part:
referring entity—see section 38.
required participant, in a restorative justice conference—see section 42.
restorative justice agreement—see section 50.
substitute participant—see section 43.
suitable parent—see section 35.
suitable victim—see section 34.
38	Meaning of referring entity—pt 8
	(1)	In this part:
referring entity—see section 22. 
	(2)	However, if an offence is referred for restorative justice by a court in making a sentence-related order, referring entity means the director‑general (corrections).
39	Decision to call conference
	(1)	The director‑general may require a restorative justice conference to be called for an offence if—
	(a)	the director‑general decides, under section 32 (Suitability—decision) that restorative justice is suitable for the offence; and
	(b)	the eligible victim or parent, and the eligible offender, gives consent under section 32 (3) for the conference to be called.
	(2)	The director‑general must assign a convenor to a conference called under this section.
	(3)	The director‑general must ensure, before the conference begins, that the convenor has received sufficient legal training to—
	(a)	advise the participants of their rights and duties at law and under this Act; and
	(b)	otherwise exercise the functions of a convenor under this Act. 
Division 8.2	Convenors
40	Appointment of convenors
	(1)	The director‑general may appoint a person as a convenor for this part.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	The director‑general may appoint a person as convenor only if—
	(a)	the person has the qualifications and experience prescribed by regulation; and
	(b)	if the person is not a lawyer—the director‑general is satisfied that the convenor has received, or has the capacity to receive, sufficient legal training—
	(i)	to advise those who take part in restorative justice of their rights and duties in relation to restorative justice under this Act; and
	(ii)	otherwise to exercise the functions of a convenor for this Act.
	(3)	Subsection (2) (b) does not prevent a regulation being made requiring a convenor to be a lawyer.
41	What a convenor does
	(1)	The convenor of a restorative justice conference, subject to this part, may do anything necessary or desirable to be done in relation to calling the conference, including the following:
	(a)	consulting a person with knowledge of or experience in a particular culture;
	(b)	inviting a person to take part in the conference;
	(c)	deciding whether the conference should require the participants to meet in person, or to communicate in any other way;
	(d)	fixing a time for the conference, and for any continuation of the conference;
	(e)	fixing a venue for the conference, if the participants are to meet in person;
	(f)	identifying the issues that should be addressed at the conference;
	(g)	facilitating the conference;
	(h)	warning participants about the potentially incriminating nature of any statement to be made, or being made, at the conference;
	(i)	facilitating an agreement between the participants;
	(j)	ensuring that this Act is complied with in relation to the conference and any agreement;
	(k)	any other function required by regulation.
	(2)	The convenor must carry out the functions mentioned in subsection (1) in a way that ensures that no-one’s safety, rights or dignity is compromised.
Division 8.3	Conduct of conference
42	Required participants
	(1)	A restorative justice conference for an offence must not proceed unless each of the following takes part in the conference:
	(a)	a suitable victim or parent, or a substitute participant for a suitable victim or parent;
	(b)	the offender.
	(2)	A person mentioned in subsection (1) who takes part (or who is to take part) in a restorative justice conference for an offence is a required participant in the conference for this part.
Note	The convenor may invite supporters of the offender and victim to take part in the conference, and the informant police officer (see s 44).
43	Substitute participants
A person (a substitute participant) acting for a suitable victim or parent may take part in a restorative justice conference instead of the victim or parent if—
	(a)	the victim or parent asks for, or agrees to, the substitution; and
	(b)	the convenor agrees to the substitution.
Note	If the conference results in a restorative justice agreement, the substitute participant for the victim or parent must sign the agreement, and is taken to do so on behalf of the victim or parent (see s 52).
44	Invited participants
	(1)	Any of the following may take part in a restorative justice conference if invited by the convenor:
	(a)	the police officer who is the informant for the offence;
	(b)	a parent of a suitable victim or the offender;
	(c)	a family member or domestic partner of a suitable victim, a suitable parent or the offender;
	(d)	a person in a domestic relationship with a suitable victim, a suitable parent or the offender;
	(e)	anyone else, if—
	(i)	a suitable victim or parent, or the offender, considers the person can provide emotional or practical support for the victim, parent or offender; or
	(ii)	the convenor considers that the participation of the person would help to promote the objects of this Act in relation to the conference.
	(2)	If a required participant asks the convenor to invite a person mentioned in subsection (1) to take part in the conference, the convenor must not refuse the request unless the convenor considers, on reasonable grounds, that to invite the participant would be significantly detrimental to the objects of this Act in relation to the conference.
	(3)	If a participant in a restorative justice conference is represented by someone acting for the participant in a professional capacity, the representative may not take part in the conference in that capacity.
Examples of people acting for participants in a professional capacity
1	lawyers
2	victim intercessors
3	offender intercessors
Note	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).
	(4)	In this section:
domestic relationship—see the Domestic Relationships Act 1994, section 3.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
45	Explanation for participants
Before a restorative justice conference begins, the convenor must ensure that reasonable steps are taken to explain to each person who is to take part in the conference (in language that each can readily understand)—
	(a)	the objects of this Act in relation to the conference, including the purpose of restorative justice generally and for the particular offence; and
	(b)	the nature of restorative justice, including the following:
	(i)	the nature of a restorative justice conference;
	(ii)	who may take part in a restorative justice conference;
	(iii)	the nature of a restorative justice agreement; and
	(c)	that the person may, before and after the conference is called, seek independent legal advice about taking part in a restorative justice conference and about the effect of any restorative justice agreement reached at a conference; and
	(d)	that no-one is under an obligation to take part in the conference, or to continue to take part in conference after it has started; and
	(e)	if the offender has not entered a plea for the offence—that the acceptance of responsibility for the commission of the offence by the offender for the purpose of restorative justice does not prevent the offender from pleading not guilty to the offence; and
	(f)	if a sentence-related order has not been made for the offender—that, if the offender is found guilty of the offence, a court, in sentencing the offender—
	(i)	may consider whether the offender accepts responsibility for the offence to take part in restorative justice, but is not required to reduce the severity of any sentence as a result; and
	(ii)	must not consider whether the offender has chosen not to take part, or not to continue to take part, in restorative justice. 
46	Form of conference
The convenor of a restorative justice conference may conduct the conference in any form (or combination of forms) consistent with the restorative justice guidelines that would, in the convenor’s opinion, best facilitate—
	(a)	interaction between the participants; and
	(b)	the promotion of the objects of this Act in relation to the conference.
Examples of conference forms
1	face-to-face meeting
2	exchange of written or emailed statements between participants
3	exchange of prerecorded videos between participants
4	teleconferencing
5	videoconferencing
Note	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).
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.
48	Report to referring entity about outcome
	(1)	After the end of a restorative justice conference, the convenor must give a report about the outcome of the conference to the referring entity for the offence.
	(2)	The report about the outcome of the conference must include the following information:
	(a)	details of the conference and when it ended; and
	(b)	whether the conference resulted in a restorative justice agreement.
Note	If the conference resulted in an agreement, the convenor must give a copy of the agreement to the referring entity as well (see s 54).
Division 8.4	Restorative justice agreements
49	Application—div 8.4
This division applies in relation to a restorative justice agreement that results from (or that may result from) a restorative justice conference.
50	Agreement as object of conference
A restorative justice conference has as a primary object the formation of an agreement under this division (a restorative justice agreement) between each required participant in the conference.
51	Nature of agreement
	(1)	A restorative justice agreement in relation to an offence must include measures intended to repair the harm caused by the offence.
	(2)	The agreement may include 1 or more of the following:
	(a)	an apology by the offender to any victim or parent of a victim;
	(b)	a plan to address the offending behaviour of the offender;
	(c)	a work plan to be carried out by the offender for the benefit of any victim or parent of a victim;
	(d)	a work plan to be carried out by the offender for the benefit of the community or a part of the community;
	(e)	financial reparation to be paid by the offender to any victim or parent of a victim;
	(f)	anything else that each required participant and substitute participant in the conference agree would help repair the harm caused by the offence.
	(3)	The agreement must be fair and, in the opinion of each required participant and substitute participant in the conference and the convenor, reasonably able to be carried out by the offender.
	(4)	The agreement must not require the offender or anyone else to do anything that would—
	(a)	be unlawful; or
	(b)	require the detention of the offender (whether full-time or for any period); or
	(c)	be degrading or humiliating to the offender or anyone else; or
	(d)	cause distress to the offender or anyone else.
	(5)	The agreement must be for a term of no longer than 6 months, starting on—
	(a)	the date the agreement is made; or 
	(b)	if a later starting date is stated in the agreement—the later date.
Note	The term of the agreement may be extended beyond this period, or reduced, by an amendment under s 55.
52	Form of agreement
	(1)	A restorative justice agreement must be—
	(a)	in writing; and
	(b)	signed by each required participant in the conference.
	(2)	If a substitute participant for a suitable victim or parent signs a restorative justice agreement—
	(a)	the substitute participant is taken to sign the agreement on behalf of the victim or parent; and
	(b)	the victim or parent is taken to have consented to the agreement.
Note	If there is a substitute victim or parent for a restorative justice conference under s 43, the substitute is a required participant in the conference (see s 42), and so may sign a restorative justice agreement under s (1) (b).
53	Explanation of effect of agreement
Before a restorative justice agreement is signed, the convenor must ensure that reasonable steps are taken to explain to each required participant in the conference (in language that each can readily understand)—
	(a)	the nature, purpose and effect of the agreement; and
	(b)	that no-one is under an obligation to sign the agreement; and
	(c)	that the participant may, before signing the agreement, seek independent legal advice about the effect of the proposed agreement; and
	(d)	if the offender has not entered a plea for the offence—that any statement in the agreement that the offender accepts responsibility for the commission of the offence does not prevent the offender from pleading not guilty to the offence; and
	(e)	if a sentence-related order has not been made for the offender—that, if the offender is found guilty of the offence, a court, in sentencing the offender—
	(i)	may consider whether the offender accepts responsibility for the offence to take part in restorative justice, but is not required to reduce the severity of any sentence as a result; and
	(ii)	must not consider whether the offender has chosen not to take part, or not to continue to take part, in restorative justice. 
54	Notice of agreement
The convenor must give a copy of a restorative justice agreement to—
	(a)	each required participant in the conference; and
	(b)	the referring entity for the offence.
55	Amendment of agreement
	(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 (Sentencing) Act 2005, section 17 (Non‑conviction orders—general), 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 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.
Division 8.5	Monitoring compliance with restorative justice agreements
56	Application—div 8.5
This division applies to a restorative justice agreement for an offence that is referred for restorative justice by a referring entity.
57	Monitoring compliance—director‑general (restorative justice)
	(1)	The director‑general (restorative justice) may do anything reasonable to check whether the restorative justice agreement is being complied with.
Example
Alex has been convicted and sentenced for an offence.  As a condition of the sentence, Alex has taken part in restorative justice.  After a restorative justice conference, Alex signed a restorative justice agreement with the victim agreeing to perform 50 hours unpaid work for a charity service organisation.  The director‑general (restorative justice) may, under this subsection, contact the organisation at reasonable intervals to make sure that Alex performs the work satisfactorily.
Note	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).
	(2)	If the director‑general (restorative justice) is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the director‑general must report the noncompliance to the referring entity.
	(3)	If the director‑general (restorative justice) is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the director‑general must report the compliance to the referring entity.
	(4)	Subsections (2) and (3) do not apply if the referring entity is the director‑general (restorative justice).
Note 1	The referring entity may be the director‑general (restorative justice) under  table 22, item 1 or 5.
Note 2	Section 72 deals with what happens if the referring entity is the same director‑general as the director‑general (restorative justice), but the referring entity is the director‑general in his or her capacity as director‑general (corrections) or director‑general (children and young people).
	That section provides that the director‑general must ensure that appropriate administrative arrangements are made for the report to be given by a delegate of the director‑general as director‑general (restorative justice) to a delegate of the director‑general as director‑general (corrections) or director‑general (children and young people).
58	Monitoring compliance—referring entities
	(1)	The referring entity may do anything reasonable to check whether the agreement is being complied with.
Example
The example for section 57 (1) applies in relation to the checking of compliance by the referring entity.
Note	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).
	(2)	If the referring entity is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the referring entity must report the noncompliance to the director‑general (restorative justice).
	(3)	If the referring entity is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the referring entity must report the compliance to the director‑general (restorative justice).
	(4)	Subsections (2) and (3) do not apply if the referring entity is the director‑general (restorative justice).
Note 1	The referring entity may be the director‑general (restorative justice) under s 22, table 22, item 1 or 5.
Note 2	Section 72 deals with what happens if the referring entity is the same director‑general as the director‑general (restorative justice), but the referring entity is the director‑general in his or her capacity as director‑general (corrections) or director‑general (children and young people).
	That section provides that the director‑general must ensure that appropriate administrative arrangements are made for the report to be given by a delegate of the director‑general as director‑general (corrections) or director‑general (children and young people) to a delegate of the director‑general as director‑general (restorative justice).
Division 8.6	Evidence of statements made at conferences
59	Evidence of offences
	(1)	This section applies if a statement is made by an offender (the conference offender) during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference offence) that has been committed by anyone (including the conference offender).
	(2)	Evidence of the statement may not be admitted in court in a proceeding in relation to a less serious offence (including the conference offence, if that is a less serious offence), whether or not the conference offender is accused of the offence.
	(3)	However, subsection (2) does not prevent a court, in sentencing an offender for an offence (whether the offence is a less serious offence or a serious offence), from considering a statement made by the offender during a restorative justice conference, or in a restorative justice agreement, in relation to the offence or any other offence.
Note	There may be circumstances in which evidence of the statement is admissible in court in a proceeding in relation to a serious offence, whether or not the conference offence is a serious offence, or the conference offender is accused of the offence.  Territory law that deals generally with the admission of evidence in criminal proceedings would apply.
60	Evidence of future offences
	(1)	This section applies if a statement is made by an offender (the conference offender) during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference future offence) proposed to be committed after the time of the conference or agreement by anyone (including the conference offender).
	(2)	This Act does not prevent evidence of the statement being admitted in court in a proceeding in relation to the conference future offence—
	(a)	whether or not the offence is a serious offence; and
	(b)	whether or not the conference offender intends to commit, or is alleged to have committed, the offence.

Part 9	Administration
Division 9.1	General administration
61	Restorative justice guidelines
	(1)	The director‑general may issue guidelines (restorative justice guidelines) outlining procedures for the following:
	(a)	the referral of offences for restorative justice, including procedures for making decisions about referrals;
	(b)	the management of restorative justice;
	(c)	the conduct of restorative justice conferences;
	(d)	monitoring the progress of restorative justice;
	(e)	monitoring compliance with restorative justice agreements;
	(f)	any other aspect of the administration of this Act.
	(2)	Restorative justice guidelines—
	(a)	may deal with matters also dealt with elsewhere under this Act; but
	(b)	must not be inconsistent with this Act.
	(3)	Restorative justice guidelines are disallowable instruments.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	A referring entity for an offence must comply with the guidelines.
62	Police participation in restorative justice
The director‑general may make arrangements with the chief police officer—
	(a)	for the participation of police officers in the administration of this Act; and
	(b)	for the appointment of police officers to call restorative justice conferences, subject to this Act.
63	Information sharing
	(1)	The director‑general may ask a referring entity to give the director‑general information about a victim, the parent of a victim, an offender or anyone else if the information is necessary for the administration of this Act.
	(2)	A referring entity must do everything reasonable to comply with a request under subsection (1).
64	Secrecy
	(1)	In this section:
secret-keeper means a person who is exercising, or has exercised, a function under this Act.
Examples
1	a referring entity, or the delegate of a referring entity, if the referring entity or delegate is considering whether to refer an offence for restorative justice
2	the director‑general, or a delegate of the director‑general, if the director‑general or delegate is considering  whether an offence is suitable for restorative justice, or whether a restorative justice conference for an offence should be called
3	the convenor of a restorative justice conference, if the convenor is making preparations for a restorative justice conference
4	a staff member of an administrative unit, if the staff member is assisting a secret-keeper mentioned in examples 1, 2 or 3 in carrying out the functions mentioned in those examples
Note	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).
protected information—
	(a)	means information about a person that is disclosed to, or obtained by, a secret-keeper because of the exercise of a function by the secret-keeper under this Act; but
	(b)	does not include information in a restorative justice agreement or information disclosing who attended a restorative justice conference.
Examples of protected information
1	information obtained by a referring entity or the director‑general in assessing the eligibility of a victim, parent or offender for restorative justice 
2	information obtained by the convenor of a restorative justice conference in preparing the conference
3	a transcript (or other record) of what is said during a restorative justice conference that is kept by the convenor or the director‑general
	(2)	A secret-keeper commits an offence if the secret-keeper—
	(a)	makes a record of protected information; or
	(b)	directly or indirectly discloses or communicates protected information about someone to someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not apply if the record is made, or the information is disclosed or communicated—
	(a)	under this or any other Act; or 
	(b)	in relation to the exercise of a function, as a secret-keeper, under this or any other Act.
	(4)	Subsection (2) does not prevent a secret-keeper from divulging or communicating protected information about someone with that person’s consent.
	(5)	For a civil proceeding, a secret-keeper must not—
	(a)	disclose or communicate protected information to a court; or
	(b)	produce or permit access to a document containing protected information to a court.
	(6)	For a criminal proceeding, unless it is necessary to do so to comply with this Act, any other territory law or a law of the Commonwealth, a secret-keeper is not required—
	(a)	to disclose or communicate protected information to a court; or
	(b)	to produce or permit access to a document containing protected information to a court.
Note	The Freedom of Information Act 1989, s 38 (Documents to which secrecy provisions of enactments apply) provides that a document is exempt from access requirements under that Act if another Act applies specifically to information of a particular kind in a document and prohibits the disclosure of that information by people mentioned in the other Act.  The section is stated to apply whether or not the prohibition is absolute or subject to exceptions or qualification.
65	Secrecy about information acquired under other Acts
	(1)	The provisions of another Act imposing restrictions or obligations of secrecy or nondisclosure of information acquired in the administration of that Act apply to a person who, in the exercise of functions under this Act, has access to the information because of the information having been acquired in the administration of the other Act.
	(2)	For subsection (1), the person who has access to the information in the exercise of functions under this Act is taken to be a person engaged in the administration of the other Act.
	(3)	Subsection (1) does not prevent—
	(a)	the giving of access to records under this Act; or
	(b)	the preparation and dissemination of guides and aids to finding information contained in the records.
66	Protection from liability 
	(1)	A person is not personally liable for anything done or omitted to be done honestly and without negligence—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this Act.
	(2)	Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.
Division 9.2	Reporting and records
67	Meaning of referring entity—div 9.2
	(1)	In this division:
referring entity, in relation to an offence—see section 22.
	(2)	However, if an offence is referred for restorative justice by a court in making a sentence-related order, referring entity means the director‑general (corrections).
68	Quarterly reporting by director‑general
	(1)	This section applies in relation to a quarter of a year if—
	(a)	an offence is referred for restorative justice before the start of, or during, the quarter; and
	(b)	restorative justice—
	(i)	has not ended for the offence; or
	(ii)	ended for the offence during the quarter.
Note	Quarter is defined in the Legislation Act, dict, pt 1 to mean the 3 months following 1 January, 1 April, 1 July or 1 October in any year.
	(2)	Within 7 days after the last day of the quarter, the director‑general (restorative justice) must report to the referring entity on the progress of restorative justice for the offence during the quarter.
Note	Section 72 deals with what happens if the referring entity is the same director‑general as the director‑general (restorative justice), but the referring entity is the director‑general in his or her capacity as director‑general (corrections) or director‑general (children and young people).
	That section provides that the director‑general must ensure that appropriate administrative arrangements are made for the report to be given by a delegate of the director‑general as director‑general (restorative justice) to a delegate of the director‑general as director‑general (corrections) or director‑general (children and young people).
	(3)	This section does not apply if the referring entity is the director‑general (restorative justice).
Note	The referring entity may be the director‑general (restorative justice) under table 22, item 1 or 5.
	(4)	In this section:
ends—restorative justice ends for an offence if—
	(a)	the director‑general decides that restorative justice is not suitable for the offence; or
	(b)	the convenor of a restorative justice conference for the offence discontinues the conference under section 47; or
	(c)	a restorative justice conference for the offence is concluded.
Note	Restorative justice means the process of restorative justice provided under this Act, including a restorative justice conference (see s 10).  Restorative justice, apart from the process provided under this Act that is mentioned in the definition, does not necessarily end as provided in the definition of ends for this section.
69	Record-keeping by referring entities
	(1)	If an offence is referred to the director‑general for restorative justice, the referring entity must ensure that appropriate records are kept in relation to—
	(a)	the circumstances in which the referral was made; and
	(b)	the progress of restorative justice for the offence; and
	(c)	the outcome of restorative justice for the offence.
	(2)	The referring entity must also ensure that a copy of any restorative justice agreement for the offence (as amended, if at all, under section 55) is kept as part of the records.
	(3)	The records mentioned in subsection (1) must be kept as part of the administrative or court records normally kept by the referring entity in relation to the offence.
70	Record-keeping by director‑general
	(1)	The director‑general must keep records of—
	(a)	each referral of an offence to the director‑general for restorative justice; and
	(b)	any assessment of suitability for restorative justice under part 7, whether because of a referral of an offence for restorative justice or in other circumstances; and
	(c)	each offence for which a restorative justice conference is called; and
	(d)	each restorative justice conference that is conducted; and
	(e)	each restorative justice conference that is cancelled or discontinued; and
	(f)	each restorative justice agreement that is reached at a conference; and
	(g)	the offender’s compliance with each restorative justice agreement.
	(2)	The records mentioned in subsection (1) (g) must be kept in consultation with the relevant referring entity.
	(3)	A record of an offence for which a restorative justice agreement is reached must include a copy of the restorative justice agreement (as amended, if at all, under section 55).
71	Restorative justice database
	(1)	The director‑general must ensure that a database is kept of information in the records required to be kept under section 70 to enable research, analysis and evaluation of restorative justice.
	(2)	The database must be kept as required by regulation.
	(3)	A regulation made for this section—
	(a)	may allow access to the information in the database by anyone for research, analysis and evaluation of restorative justice; but
	(b)	must not allow access to the information in the database in any form that would allow the identity of anyone taking part in restorative justice to be worked out.

Part 10	Miscellaneous
    
72	Exercise of functions by director‑general
	(1)	This section applies if—
	(a)	section 23, section 57, section 58 or section 68 requires a director‑general, in the director‑general’s capacity as responsible for a particular matter (the first capacity) to give a referral or report to a director‑general, in the director‑general’s capacity as responsible for another matter (the second capacity); and
	(b)	a single director‑general acts in both the first and second capacities.
	(2)	A director‑general mentioned in subsection (1) must ensure that administrative arrangements are made for a delegate of the director‑general in the first capacity to give the referral or report to a delegate of the director‑general in the second capacity who is a different person from the delegate in the first capacity.
Example
Pat has been found guilty of an offence but, without convicting Pat, the court makes a good behaviour order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general).  The offence is referred for restorative justice by the director‑general (corrections).
After a restorative justice conference, Pat enters into a restorative justice agreement with the victim of the offence.  Under the agreement, Pat promises to attend a rehabilitation program on a particular night of the week for 3 months.  However, after 2 weeks, Pat breaches the agreement by stopping to attend the program.
The director‑general (restorative justice) becomes aware of the breach of the agreement.  Under section 57 (2), the director‑general (restorative justice) must report the breach to the referring entity, the director‑general (corrections).  However, the director‑general (restorative justice) is the same person as the director‑general (corrections).
This section requires the director‑general to ensure that administrative arrangements are made for the report to be given by a delegate of the director‑general in the director‑general’s capacity as administering this Act to someone else who is a delegate of the director‑general in the director‑general’s capacity as administering sentence-related orders such as the order for Pat.
Note	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).
73	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
74	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to the following:
	(a)	referring entities for table 22, item 6;
	(b)	the qualifications and experience of convenors, for section 40 (2) (a);
	(c)	the functions of convenors, for section 41 (1) (k);
	(d)	the keeping of a database of restorative justice information, for section 71.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACT
·	adult
·	amend
·	chief police officer
·	child
·	Childrens Court
·	director‑general (see s 163)
·	director of public prosecutions (or DPP)
·	domestic partner (see s 169 (1))
·	found guilty (of an offence)
·	Legislative Assembly
·	Magistrates Court
·	property
·	quarter
·	sentence administration board
·	Supreme Court
·	the Territory.
adult offender—see section 12.
child victim—see section 11.
commission, of an offence that is alleged to have been committed—see section 12.
convenor means a person appointed as a convenor for part 8 (Restorative justice conferences and agreements) under section 40.
court referral order—see section 27 (2).
director‑general (children and young people)—see section 22 (2).
director‑general (corrections)—see section 22 (2).
director‑general (restorative justice)—see section 22 (2).
Note	If the Act refers simply to the director‑general, this is a reference to the director‑general of the administrative unit responsible for the administration of this Act (see Legislation Act, s 163).
eligible offender—see section 19.
eligible parent—see section 18.
eligible victim—see section 17.
less serious family violence offence—see section 12.
less serious offence— see section 12.
less serious sexual offence—see section 12.
objects, of this Act—see section 6.
offence—see section 12.
offender—see section 12.
parent—see section 11.
personal characteristics, of a victim, parent of a victim, or offender, for part 7 (Suitability for restorative justice)—see section 29.
referred—see section 10.
referring entity—
	(a)	see section 22; but
	(b)	for part 8 (Restorative justice conferences and agreements)—see section 38; and
	(c)	for division 9.2 (Reporting and records)—see section 67.
required participant, in a restorative justice conference, for part 8 (Restorative justice conferences and agreements)—see section 42.
restorative justice—see section 10.
restorative justice agreement—see section 50.
restorative justice conference means a conference called for part 8 (Restorative justice conferences and agreements).
restorative justice guidelines—see section 61.
section 24 referral conditions—see section 24.
sentence-related order, for an offender who is found guilty of an offence—see section 13.
serious family violence offence—see section 12.
serious offence—see section 12. 
serious sexual offence—see section 12.
sexual offence—see section 12.
substitute participant, for part 8 (Restorative justice conferences and agreements)—see section 43.
suitable—section 10.
suitable parent—see section 35.
suitable victim—see section 34.
victim—see section 11.
young offender—see section 12.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Crimes (Restorative Justice) Act 2004 A2004-65
notified LR 6 September 2004
s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
remainder commenced 31 January 2005 (s 2 and CN2004-28)
as amended by
Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.5
notified LR 24 March 2005
s 1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.5 commenced 25 March 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.12
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.12 commenced 22 December 2005 (s 2 (4))
Civil Unions Act 2006 A2006-22 sch 1 pt 1.8
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.8 never commenced
Note	Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.10
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.10 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.26
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.26 commenced 12 April 2007 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.8, sch 4 pt 4.10
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.8 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.10 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.3
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.3 commenced 29 July 2008 (s 2)
Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.6
notified LR 13 August 2008
s 1, s 2 commenced 13 August 2008 (LA s 75 (1))
sch 1 pt 1.6 commenced 27 August 2008 (s 2)
Court Legislation Amendment Act 2008 A2008-42 pt 2
notified LR 8 September 2008
s 1, s 2 commenced 8 September 2008 (LA s 75 (1))
pt 2 commenced 8 March 2009 (s 2 and LA s 79)
Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.5
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 3 pt 3.5 commenced 30 March 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.16
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.16 commenced 17 December 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.43
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.43 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.10
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.10 commenced 5 June 2012 (s 2 (1))
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.6
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.6 commenced 10 June 2014 (s 2 (1))
Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016‑4 pt 4, sch 1 pt 1.8
notified LR 24 February 2016
s 1, s 2 commenced 24 February 2016 (LA s 75 (1))
pt 4 commenced 25 February 2016 (s 2 (2))
sch 1 pt 1.8 commenced 2 March 2016 (s 2 (1))
Family Violence Act 2016 A2016-42 sch 3 pt 3.6 (as am by A2017‑10 s 7)
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.6 commenced 1 May 2017 (s 2 (2) as am by A2017‑10 s 7)
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.17
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.17 commenced 1 September 2016 (s 2)
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.7 (as am by A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.7 commences 1 January 2018 (s 2 as am by A2017-14 s 19)
Family and Personal Violence Legislation Amendment Act 2017 A2017‑10 s 7
notified LR 6 April 2017
s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
s 7 commenced 30 April 2017 (s 2 (1))
Note	This Act only amends the Family Violence Act 2016
A2016‑42.
Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note	This Act only amends the Freedom of Information Act 2016 A2016-55.

4	Amendment history
Commencement
s 2	om LA s 89 (4)
When restorative justice is available
s 8	am A2011‑22 amdt 1.135
Definitions—restorative justice
s 10	def suitable am A2011‑22 amdt 1.135
Definitions—child victim, parent and victim
s 11	def parent am A2008‑20 amdt 3.17
Definitions—offences and offenders
s 12	def commission am A2009‑49 amdt 3.35
	def domestic violence offence am A2005‑13 amdt 1.28; A2008‑46 amdt 3.14
	sub A2016‑4 s 89
	om A2016‑42 amdt 3.31
	def family violence offence ins A2016‑42 amdt 3.32
	def less serious domestic violence offence ins A2016‑4 s 90
	om A2016‑42 amdt 3.33
	def less serious family violence offence ins A2016‑42 amdt 3.34
	def less serious sexual offence ins A2016‑4 s 90
	def relevant person ins A2016‑4 s 90
	om A2016‑42 amdt 3.35
	def relevant relationship ins A2016‑4 s 90
	om A2016‑42 amdt 3.35
	def serious domestic violence offence ins A2016‑4 s 90
	om A2016‑42 amdt 3.35
	def serious family violence offence ins A2016‑42 amdt 3.36
	def serious sexual offence ins A2016‑4 s 90
	def sexual offence ins A2016‑4 s 90
Definition—sentence-related order
s 13	sub A2006‑23 amdt 1.100; A2008‑20 amdt 4.30; A2016‑4 amdt 1.16
Application of Act—less serious offences
s 14	sub A2016‑4 s 91
	am A2016‑42 amdt 3.37
Application of Act—serious offences
s 15	am A2014‑18 amdt 3.20
	sub A2016‑4 s 91
	am A2016‑42 amdt 3.37
Application of Act—family violence offences and sexual offences
s 16 hdg	am A2016‑42 amdt 3.37
s 16	am A2011‑22 amdt 1.135
	sub A2016‑4 s 91
	am A2016‑42 amdt 3.37
	(5)-(8) exp on the phase 3 application day (s 16 (8))
Accepting responsibility for offences
s 20	am A2006‑23 amdt 1.101
Definitions—referral
s 21	def chief executive (children and young people) om A2011‑22 amdt 1.127
	def chief executive (corrections) om A2011‑22 amdt 1.127
	def chief executive (restorative justice) om A2011‑22 amdt 1.127
	def court referral order am A2014‑18 amdt 3.21
	def director‑general (children and young people) ins A2011‑22 amdt 1.128
	def director‑general (corrections) ins A2011‑22 amdt 1.128
	def director‑general (restorative justice) ins A2011‑22 amdt 1.128
	def section 24 referral conditions am A2014‑18 amdt 3.22
Referring entities
s 22	am A2005‑60 amdt 1.53; A2008‑22 amdt 1.17; A2008‑20 amdt 4.31, amdt 4.32; A2008‑42 s 4; A2011‑22 amdt 1.129, amdt 1.135; A2014‑18 amdt 3.23; A2016‑4 ss 92-94; A2016‑52 amdt 1.57
Referral—procedure
s 23	am A2011‑22 amdt 1.135
Referral power
s 24	am A2008‑29 amdt 1.14; A2016‑4 s 95; A2016‑42 amdt 3.37
Explanation of restorative justice
s 25	am A2008‑29 amdt 1.15, amdt 1.16; A2009‑49 amdt 3.36
Referral by DPP—less serious family violence offences and less serious sexual offences
s 26 hdg	sub A2016‑4 s 96
	am A2016‑42 amdt 3.37
s 26	am A2016‑4 ss 97-100; A2016‑42 amdt 3.37
	(3)-(8) exp on the phase 3 application day (s 26 (6))
Referral during court proceeding
s 27	am A2008‑29 amdt 1.17; A2011‑22 amdt 1.135; A2016‑4 ss 101-104; A2016‑42 amdt 3.37
	(5)-(10) exp on the phase 3 application day (s 27 (8))
Court referral orders—reports
s 28	am A2008‑29 amdt 1.18; A2011‑22 amdt 1.135
Suitability—eligibility requirement
s 30	am A2011‑22 amdt 1.135
Finding of eligibility by referring entity
s 31	am A2011‑22 amdt 1.135
Suitability—decision
s 32	am A2008‑29 amdt 1.19; A2011‑22 amdt 1.135
Explanation of restorative justice––before consent
s 32A	ins A2008‑29 amdt 1.20
	am A2011‑22 amdt 1.135
Suitability—general considerations
s 33	am A2011‑22 amdt 1.135; A2016‑4 ss 105-107; A2016‑42 amdt 3.37
	(3)-(8) exp on the phase 3 application day (s 33 (6))
Suitability—victims
s 34	am A2011‑22 amdt 1.135
Suitability—eligible parents
s 35	am A2011‑22 amdt 1.135
Suitability—offenders
s 36	am A2011‑22 amdt 1.135
Definitions—pt 8
s 37	def referring entity ins A2008‑22 amdt 1.18
Meaning of referring entity—pt 8
s 38	am A2011‑22 amdt 1.135
Decision to call conference
s 39	am A2008‑22 amdt 1.19; A2011‑22 amdt 1.135
Appointment of convenors
s 40	am A2008‑22 amdt 1.20, amdt 1.21; A2008‑29 amdt 1.21; A2011‑22 amdt 1.135
Invited participants
s 44	am A2006‑22 amdt 1.28, amdt 1.29 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007‑3 amdt 3.135
Amendment of agreement
s 55	am A2006‑23 amdt 1.102
Monitoring compliance—director‑general (restorative justice)
s 57 hdg	am A2011‑22 amdt 1.135
s 57	am A2011‑22 amdt 1.135
Monitoring compliance—referring entities
s 58	am A2011‑22 amdt 1.135
Restorative justice guidelines
s 61	am A2011‑22 amdt 1.135
Police participation in restorative justice
s 62	am A2011‑22 amdt 1.135
Information sharing
s 63	am A2011‑22 amdt 1.135
Secrecy
s 64	am A2011‑22 amdt 1.135
Meaning of referring entity—div 9.2
s 67	am A2011‑22 amdt 1.135
Quarterly reporting by director‑general
s 68 hdg	am A2011‑22 amdt 1.135
s 68	am A2011‑22 amdt 1.135
Record-keeping by referring entities
s 69	am A2011‑22 amdt 1.135
Record-keeping by director‑general
s 70 hdg	am A2011‑22 amdt 1.135
s 70	am A2011‑22 amdt 1.135
Restorative justice database
s 71	am A2011‑22 amdt 1.135
Exercise of functions by director‑general
s 72 hdg	am A2011‑22 amdt 1.135
s 72	am A2006‑23 amdt 1.103; A2011‑22 amdt 1.130, amdt 1.135
Approved forms
s 73	am A2012‑21 amdt 3.35
Regulation-making power
s 74	am A2012‑21 amdt 3.36
Ministerial reviews
s 75	exp 1 July 2008 (s 75 (4) (LA s 88 declaration applies))
Administrative Decisions (Judicial Review) Act 1989, schedule 1, new clause 9
s 76	om LA s 89 (3)
Crimes Act 1900, section 342 (1) (u)
s 77	om LA s 89 (3)
Crimes Act 1900, section 344 (1) (f)
s 78	om LA s 89 (3)
Crimes Act 1900, section 364 (1) (k)
s 79	om LA s 89 (3)
Dictionary
dict	am A2011‑22 amdt 1.131, amdt 1.132; A2014‑18 amdt 3.24
	def chief executive (children and young people) om A2011‑22 amdt 1.133
	def chief executive (corrections) om A2011‑22 amdt 1.133
	def chief executive (restorative justice) om A2011‑22 amdt 1.133
	def court referral order am A2014‑18 amdt 3.25
	def director‑general (children and young people) ins A2011‑22 amdt 1.134
	def director‑general (corrections) ins A2011‑22 amdt 1.134
	def director‑general (restorative justice) ins A2011‑22 amdt 1.134
	def domestic violence offence om A2016‑4 s 108
	def less serious domestic violence offence ins A2016‑4 s 109
	om A2016‑42 amdt 3.38
	def less serious family violence offence ins A2016‑42 amdt 3.39
	def less serious sexual offence ins A2016‑4 s 109
	def relevant person ins A2016‑4 s 109
	om A2016‑42 amdt 3.40
	def relevant relationship ins A2016‑4 s 109
	om A2016‑42 amdt 3.40
	def restorative justice agreement am A2014‑18 amdt 3.26
	def section 24 referral conditions am A2014‑18 amdt 3.27
	def serious domestic violence offence ins A2016‑4 s 109
	om A2016‑42 amdt 3.40
	def serious family violence offence ins A2016‑42 amdt 3.41
	def serious sexual offence ins A2016‑4 s 109
	def sexual offence ins A2016‑4 s 109

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
31 Jan 2005	31 Jan 2005–
24 Mar 2005	not amended	new Act	
R2
25 Mar 2005	25 Mar 2005–
21 Dec 2005	A2005‑13	amendments by A2005‑13	
R3
22 Dec 2005	22 Dec 2005–
1 June 2006	A2005‑60	amendments by A2005‑60	
R4
2 June 2006	2 June 2006–
11 Apr 2007	A2006‑23	amendments by A2006‑23	
R5
12 Apr 2007	12 Apr 2007–
1 July 2008	A2007‑3	amendments by A2007‑3	
R6
2 July 2008	2 July 2008–
28 July 2008	A2007‑3	commenced expiry	
R7
29 July 2008	29 July 2008–
26 Aug 2008	A2008‑22	amendments by A2008‑22	
R8
27 Aug 2008	27 Aug 2008–
26 Oct 2008	A2008‑29	amendments by A2008‑29	
R9
27 Oct 2008	27 Oct 2008–
26 Feb 2009	A2008‑46	amendments by A2008‑20	
R10
27 Feb 2009	27 Feb 2009–
7 Mar 2009	A2008‑46	amendments by A2008‑20	
R11
8 Mar 2009	8 Mar 2009–
29 Mar 2009	A2008‑46	amendments by A2008‑42	
R12
30 Mar 2009	30 Mar 2009–
16 Dec 2009	A2008‑46	amendments by A2008‑46	
R13*
17 Dec 2009	17 Dec 2009–
30 June 2011	A2009‑49	amendments by A2009‑49	
R14
1 July 2011	1 July 2011–
4 June 2012	A2011‑22	amendments by A2011‑22	
R15
5 June 2012	5 June 2012–
9 June 2014	A2012‑21	amendments by A2012‑21	
R16
10 June 2014	10 June 2014–
24 Feb 2016	A2014-18	amendments by A2014-18	
R17
25 Feb 2016	25 Feb 2016–
1 Mar 2016	A2016‑4	amendments by A2016‑4	
R18
2 Mar 2016	2 Mar 2016–
31 Aug 2016	A2016‑4	amendments by A2016‑4	
R19
1 Sept 2016	1 Sept 2016–
30 Apr 2017	A2016-52	amendments by A2016-52	
R20
1 May 2017	1 May 2017–
23 May 2017	A2017‑10	amendments by A2016‑42 as amended by A2017‑10	

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