{"id":"a-2004-65","name":"Crimes (Restorative Justice) Act 2004","slug":"crimes-restorative-justice-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"65 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23351,"registerId":"act-a-2004-65-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nUnderlying principles Part 2\nSection 6\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are as follows:\n(a) to enhance the rights of victims of offences by providing\nrestorative justice as a way of empowering victims to make\ndecisions about how to repair the harm done by offences;\n(b) to set up a system of restorative justice that brings together\nvictims, offenders and their personal supporters in a carefully\nmanaged, safe environment;\n(c) to ensure that the interests of victims of offences are given high\npriority in the administration of restorative justice under this\nAct;\n(d) to enable access to restorative justice at every stage of the\ncriminal justice process without substituting for the criminal\njustice system or changing the normal process of criminal\njustice;\n(e) to enable access to restorative justice in relation to offenders and\noffences not dealt with by the criminal justice process;\n(f) to enable referral of offences for restorative justice by—\n(i) agencies that have a role in the criminal justice system; and\n(ii) entities that have a role in dealing with offenders, and harm\ncaused by offences, not dealt with by the criminal justice\nprocess.\nNote 1 Offence includes an offence that is alleged to have been committed, but\nhas not yet been tried in court, or proven (see s 12).\nNote 2 Offender includes a person who carries out an offence but cannot be held\ncriminally responsible because of their age (see s 12).\n\nSection 7\npage 4 Crimes (Restorative Justice) Act 2004\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Application of restorative justice","content":"7 Application of restorative justice\n(1) In deciding how to deal with an offence, a referring entity may\nconsider whether it is appropriate to refer the offence for restorative\njustice before considering other action.\nNote Referring entities are listed in table 22 and include agencies responsible\nfor the various stages of the criminal justice process in relation to an\noffence, an entity responsible for dealing with offenders not dealt with by\nthe criminal justice process and any entities prescribed by regulation.\n(2) However, if an offence is referred for restorative justice, the referral\nis to have no effect on any other action or proposed action in relation\nto the offence or the offender by the referring entity.\nSían is arrested and charged with an offence. The chief police officer refers the\noffence for restorative justice. The referral of the offence does not prevent Sían\nbeing required to attend court to answer the charge.\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":"When restorative justice is available","content":"8 When restorative justice is available\nRestorative justice is available for an offence if all of the following\nrequirements are satisfied:\n(a) there is an eligible victim or eligible parent in relation to the\noffence;\n(b) the offender is an eligible offender;\n(c) the offence is referred for restorative justice by a referring entity;\n\nUnderlying principles Part 2\nSection 9\n(d) the director-general decides that restorative justice is suitable for\nthe offence.\nNote 1 Victims, parents and offenders are eligible for restorative justice if they\nqualify under part 5.\nNote 2 The director-general may only decide that restorative justice is suitable\nfor an offence according to the requirements of pt 7 (see s 10, def).\nNote 3 The restorative justice process is provided for by this Act as follows:\n• pt 5 (Eligibility for restorative justice) deals with eligibility of\nvictims (or their parents) and offenders for restorative justice\n• pt 6 (Referral for restorative justice) deals with the referral of\noffences for restorative justice\n• pt 7 (Suitability for restorative justice) deals with the suitability of\nrestorative justice for an offence.\n• pt 8 (Restorative justice conferences and agreements) deals with the\ncalling of restorative justice conferences and the making of\nrestorative justice agreements for an offence\n","sortOrder":3},{"sectionNumber":"9","sectionType":"section","heading":"No obligation to participate","content":"9 No obligation to participate\nThere is no obligation on a victim, a parent of a child victim or an\n(a) to take part in restorative justice; or\n(b) to continue to take part in restorative justice after it has started.\nNote Victims (or their parents) and offenders must be given clear explanations\nof the purpose and procedures involved in the restorative justice process\nbefore agreeing to take part. In addition, the legal status of the process\nand the legal effect of entering into a restorative justice agreement must\nbe clearly explained to victims (or their parents) and offenders. See the\nfollowing:\n• s 25 (Explanation of restorative justice)\n• s 45 (Explanation for participants)\n• s 53 (Explanation of effect of agreement).\n\nSection 10\npage 6 Crimes (Restorative Justice) Act 2004\n","sortOrder":4},{"sectionNumber":"10","sectionType":"section","heading":"Definitions—restorative justice","content":"10 Definitions—restorative justice\neligible offender—see section 19.\neligible parent—see section 18.\neligible victim— see section 17.\nreferred, for restorative justice—an offence is referred for restorative\njustice if a referring entity proposes that consideration be given to\nwhether restorative justice is suitable for the offence.\nreferring entity—\n(a) see section 22; but\n(b) for part 8 (Restorative justice conferences and agreements)—see\nsection 38; and\n(c) for division 9.2 (Reporting and records)—see section 67.\nrestorative justice means the process of restorative justice provided\nunder this Act, including a restorative justice conference under this\nAct.\nsuitable—restorative justice is suitable for an offence, or an eligible\nvictim, parent or offender in relation to an offence, if the\ndirector-general decides under part 7 that restorative justice is suitable\nfor the offence, victim, parent or offender.\n\nKey concepts Part 3\nSection 11\n","sortOrder":5},{"sectionNumber":"11","sectionType":"section","heading":"Definitions—child victim, parent and victim","content":"11 Definitions—child victim, parent and victim\nchild victim, of an offence, means a victim of an offence who is a\nchild.\nNote A child is an individual under 18 years old (see Legislation Act, dict, pt 1,\ndef child).\nparent, of a child, means a person with parental responsibility for the\nchild within the meaning of the Children and Young People Act 2008,\ndivision 1.3.2 (Parental responsibility).\nvictim—\n(a) has the meaning given by the Victims of Crime Act 1994,\nsection 6; and\n(b) includes a person who would be a victim if a reference in that\nAct to an offence included a reference to an offence that is\nalleged to have been committed.\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Definitions—offences and offenders","content":"12 Definitions—offences and offenders\n(1) In this Act:\nadult offender, in relation to an offence, means an offender who was\nan adult when the offence was committed.\nNote An adult is an individual who is at least 18 years old (see Legislation Act,\ndict, pt 1, def adult).\nchild offender, in relation to an offence, means an offender who was\nat least 10 years old but under the age of criminal responsibility for\nthe offence when the offence was committed or allegedly committed.\ncommission, of an offence that is alleged to have been committed,\nincludes the alleged commission of the offence.\nNote Offence is defined to include an offence that is alleged to have been\ncommitted. Offender is defined in similar terms. See definitions of\noffence and offender in this section.\n\nSection 12\npage 8 Crimes (Restorative Justice) Act 2004\nfamily violence offence—see the Family Violence Act 2016,\ndictionary.\nless serious family violence offence means—\n(a) an offence if the conduct making up the offence is family\nviolence under the Family Violence Act 2016 that is punishable\nby a term of imprisonment of—\n(i) if the offence relates to money or other property—14 years\nor less; or\n(ii) in any other case—10 years or less; and\n(b) a contravention of a protection order under the Family Violence\nAct 2016, section 43.\nless serious offence means an offence other than a serious offence.\nless serious sexual offence means an offence under the Crimes\nAct 1900, part 3 that is punishable by a term of imprisonment of\n10 years or less.\noffence—\n(a) means an offence against a territory law; and\n(b) includes an offence against a territory law that is alleged to have\nbeen committed by a person, unless—\n(i) a court has acquitted the person of the offence; or\n(ii) a court has dismissed a proceeding against the person for\nthe offence without finding the person guilty.\n(a) means a person who has been convicted or found guilty of an\noffence against a territory law; and\n\nKey concepts Part 3\nSection 12\n(b) includes a person who is alleged to have committed an offence\nagainst a territory law, unless—\n(i) a court has acquitted the person of the offence; or\n(ii) a court has dismissed a proceeding against the person for\nthe offence without finding the person guilty.\nserious family violence offence means an offence if the conduct\nmaking up the offence is family violence under the Family Violence\nAct 2016 that is punishable by a term of imprisonment of—\n(a) if the offence relates to money or other property—more than 14\nyears; or;\n(b) in any other case—more than 10 years.\nserious offence means an offence punishable by imprisonment for a\nterm longer than—\n(a) if the offence relates to money or other property—14 years; or\n(b) in any other case—10 years.\nserious sexual offence means an offence under the Crimes Act 1900,\npart 3 that is punishable by a term of imprisonment of more than\n10 years.\nsexual offence means a less serious sexual offence or a serious sexual\nyoung offender, in relation to an offence, means an offender who was\nunder 18 years old but not under the age of criminal responsibility for\nthe offence when the offence was committed or allegedly committed.\n(2) In this section:\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\n\nSection 13\npage 10 Crimes (Restorative Justice) Act 2004\n","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Definition—sentence-related order","content":"13 Definition—sentence-related order\nsentence-related order, for an offender who is found guilty of an\noffence, means any of the following orders of the court:\n(a) an order sentencing the offender;\n(b) an order under the Crimes (Sentencing) Act 2005, section 12\n(Suspended sentences) or section 17 (Non-conviction orders—\ngeneral).\nExamples—par (a)\n1 an order for a sentence of imprisonment\n2 an order for intensive correction under the Crimes (Sentencing) Act 2005\n3 a good behaviour order under the Crimes (Sentencing) Act 2005, including an\norder subject to a community service condition\nNote Orders under the Crimes Act 1900, s 402 (Conditional release of\noffenders without proceeding to conviction) (repealed) and s 403\n(Conditional release of offenders) (repealed) are taken to be orders under\nthe Crimes (Sentencing) Act 2005, s 12 or s 17 (see Crimes (Sentence\nAdministration) Act 2005, s 336 to s 338).\n\nApplication of Act Part 4\nSection 14\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Application of Act—less serious offences","content":"14 Application of Act—less serious offences\n(1) This Act applies to a less serious offence committed by a child\noffender, young offender or an adult offender.\n(2) This Act applies to a less serious offence committed by a child\noffender, young offender or an adult offender even if the offence was\ncommitted before the day this section commenced.\n(3) This section does not apply to a family violence offence or a sexual\nNote For the application of this Act to family violence offences and sexual\noffences, see s 16.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Application of Act—serious offences","content":"15 Application of Act—serious offences\n(1) This Act applies to a serious offence committed by a child offender.\n(2) This Act applies to a serious offence committed by a young offender\nor adult offender, if the offender—\n(a) is charged with the offence; and\n(b) either—\n(i) pleads guilty to the offence; or\n(ii) is found guilty of the offence (whether or not the offender\nis convicted or sentenced for the offence).\n(3) This Act applies to a serious offence committed by a child offender,\nyoung offender or adult offender, even if the offence was committed\nbefore the day this section commenced.\n(4) This section does not apply to a family violence offence or a sexual\nNote For the application of this Act to family violence offences and sexual\noffences, see s 16.\n\nSection 16\npage 12 Crimes (Restorative Justice) Act 2004\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Application of Act—family violence offences and sexual","content":"16 Application of Act—family violence offences and sexual\noffences\n(1) This Act applies to a less serious family violence offence or a less\nserious sexual offence committed by a child offender, young offender\nor adult offender.\n(2) For a young offender or adult offender, subsection (1) applies whether\nor not the young offender or adult offender is charged with the\nNote 1 An offence may have been committed if it is alleged that the offence was\ncommitted (see s 12, def commission).\nNote 2 For the director-general to decide that a less serious family violence\noffence or a less serious sexual offence committed by a young offender\nor an adult offender is suitable for restorative justice under pt 7 before the\noffender pleads guilty to the offence or is found guilty of the offence, the\ndirector-general must be satisfied that exceptional circumstances exist for\nthe calling of a restorative justice conference (see s 33 (2)).\n(3) This Act applies to a serious family violence offence or a serious\nsexual offence committed by a child offender.\n(4) This Act applies to a serious family violence offence or a serious\nsexual offence committed by a young offender or adult offender if—\n(a) the offender is charged with the offence; and\n(b) either—\n(i) the offender pleads guilty to the offence; or\n(ii) the offender is found guilty of the offence (whether or not\nthe offender is convicted or sentenced for the offence).\n(5) This Act applies to a family violence offence or a sexual offence\ncommitted by a child offender, young offender or adult offender even\nif the offence was committed before the day this section commenced.\n\nEligibility for restorative justice Part 5\nSection 17\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Eligible victims","content":"17 Eligible victims\n(1) A victim of an offence is eligible for restorative justice in relation to\nthe offence if—\n(a) this Act applies to the offence and the offender under part 4; and\n(b) the victim is at least 10 years old.\n(2) If a victim of an offence is younger than 10 years old, an immediate\nfamily member of the victim is eligible for restorative justice in\nrelation to the offence if—\n(a) this Act applies to the offence and the offender under part 4; and\n(b) the immediate family member is at least 10 years old.\nNote Alternatively, a parent of a child victim of an offence may take part in\nrestorative justice as an invited participant (see s 44).\n(3) For this Act, a victim of an offence, or an immediate family member\nof a victim of an offence, is an eligible victim in relation to the offence\nif the victim or immediate family member is eligible for restorative\njustice under this section.\nimmediate family member, in relation to a victim of an offence,\nmeans a person who was, at the time the offence was committed—\n(a) a parent of the victim; or\n(b) a sibling of the victim.\nExamples of siblings\n1 brother or sister\n2 half-brother or half-sister\n3 step-brother or step-sister\n4 someone who has the same guardian or foster parent as the victim\n\nSection 18\npage 14 Crimes (Restorative Justice) Act 2004\n","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Eligible parents","content":"18 Eligible parents\n(1) A parent of a child victim of an offence (no matter how old the child\nvictim is) is eligible for restorative justice in relation to the offence\nif—\n(a) this Act applies to the offence and the offender under\npart 4; and\n(b) the child victim is incapable of adequately understanding or\nresponding to the experience of the offence, or has died.\n(2) For this Act, a parent of a child victim of an offence is an eligible\nparent in relation to the offence if the parent is eligible for restorative\njustice under this section.\n","sortOrder":13},{"sectionNumber":"19","sectionType":"section","heading":"Eligible offenders","content":"19 Eligible offenders\n(1) An offender who commits an offence is eligible for restorative justice\nif—\n(a) this Act applies to the offence and the offender under\npart 4; and\n(b) any of the following apply to the offender:\n(i) the offender accepts responsibility for the commission of\nthe offence;\n(ii) if the offender is a young offender and the offence is a less\nserious offence—the offender does not deny responsibility\nfor the commission of the offence;\n(iii) if the offender is a child offender—the offender does not\ndeny responsibility for the commission of the offence; and\n(c) the offender agrees to take part in restorative justice.\n(2) For this Act an offender is an eligible offender in relation to the\noffence if the offender is eligible for restorative justice under this\nsection.\n\nEligibility for restorative justice Part 5\nSection 20\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Accepting or not denying responsibility for offences","content":"20 Accepting or not denying responsibility for offences\n(1) This Act does not prevent an offender from pleading not guilty to an\noffence only because section 19 (1) (b) applies to the offender.\n(2) A court is not required to reduce the severity of any sentence it may\nimpose on an offender because the court is aware section 19 (1) (b)\napplies to the offender.\nNote 1 To be eligible to take part in restorative justice, an offender must accept\nresponsibility for the commission of the offence or, if the offender is a\nyoung offender and the offence is a less serious offence or the offender is\na child offender, must not deny responsibility for the commission of the\noffence (see s 19).\nNote 2 The Crimes (Sentencing) Act 2005, s 33 (1) (y) provides that, in deciding\nhow an offender should be sentenced (if at all) for an offence, the matters\nknown to the court that it must consider include whether this Act,\ns 19 (1) (b) applies to the offender.\nHowever, the Crimes (Sentencing) Act 2005, s 34 (1) (h) provides that a\ncourt must not increase the severity of the sentence that it would\notherwise impose on a person for an offence because the offender has\nchosen not to take part, or to continue to take part, in restorative justice\nfor the offence.\n\nSection 21\npage 16 Crimes (Restorative Justice) Act 2004\n","sortOrder":15},{"sectionNumber":"21","sectionType":"section","heading":"Definitions—referral","content":"21 Definitions—referral\ndirector-general (children and young people)—see section 22 (3).\ndirector-general (corrections)—see section 22 (3).\ndirector-general (restorative justice)—see section 22 (3).\ncourt referral order—see section 27 (2).\nNote Referred is defined in s 10.\nreferring entity—see section 22.\nsection 24 referral conditions—see section 24.\n","sortOrder":16},{"sectionNumber":"22","sectionType":"section","heading":"Referring entities","content":"22 Referring entities\n(1) An entity mentioned in table 22, column 2 (a referring entity) may\nrefer an offence for restorative justice at the stage described for the\nentity in column 3 in relation to the offence.\n(2) However, for an offence involving a child offender, the referring\nentity may refer the offence for restorative justice at any time.\n(3) In table 22:\ndirector-general (children and young people) means the\ndirector-general of the administrative unit responsible for the\nadministration of the Children and Young People Act 2008, acting in\nthat capacity.\n\ndirector-general (corrections), in relation to an offender for whom a\nsentence-related order is made, means the director-general of the\nadministrative unit responsible for the administration of the order,\nacting in that capacity.\ndirector-general (restorative justice) means the director-general of\nthe administrative unit responsible for the administration of this Act,\nacting in that capacity.\nExample (definitions of all directors-general)\nFor this example, the administrative unit responsible for the administration of\nsentence-related orders (for both young and adult offenders) is also the\nadministrative unit responsible for the administration of this Act and the Children\nand Young People Act 2008. The administrative unit has a single director-general.\nThat director-general, in different capacities corresponding to those different\nresponsibilities, may be differently described as follows:\n• The director-general is the director-general (children and young people)\nwhile exercising a function in relation to an offence allegedly committed by a\nchild who is the subject of a care and protection order under the Children and\nYoung People Act 2008.\n• The director-general is the director-general (corrections) while exercising a\nfunction in relation to a young or adult offender who is the subject of a\nsentence-related order.\n• The director-general is the director-general (restorative justice) while\nexercising a function relating to the administration of this Act.\nNote 1 If this Act refers simply to the director-general (without a tag) this is a\nreference to the director-general of the administrative unit responsible for\nthe administration of this Act (see Legislation Act, s 163).\nNote 2 A director-general may delegate any powers given to the director-general\nunder this Act under the Public Sector Management Act 1994, s 20.\nprosecution referral, for an offender, means referral of the offender\nfor prosecution by any of the following:\n(a) a voluntary agreement to attend court;\n(b) a court attendance notice under the Magistrates Court Act 1930.\n(c) a summons;\n\npage 18 Crimes (Restorative Justice) Act 2004\n(d) the arrest and charging of the offender.\ntherapeutic support panel—see the Children and Young People\nAct 2008, dictionary.\nTable 22 Referring entities\ncolumn 1\nitem\ncolumn 2\nreferring entity\ncolumn 3\nstage when referral may be made\n1 chief police officer\n(restorative justice)\n(children and\nyoung people)\npolice officer\nvictims of crime\ncommissioner\n(a) after the offender is cautioned or\napprehended; and\n(b) before a prosecution referral is\nmade for the offender\n2 director of public\nprosecutions\n(a) after a prosecution referral is\nmade for the offender; and\n(b) before a second mention hearing\nfor the offence by a court has\nbegun\n","sortOrder":17},{"sectionNumber":"3","sectionType":"section","heading":"Magistrates Court","content":"3 Magistrates Court\n(including the\nChildrens Court)\nSupreme Court\nunless, or until, the offender pleads guilty to\nthe offence—\n(a) after a second mention hearing for\nthe offence has begun; and\n(b) before the end of a pre-hearing\nmention or case status inquiry for\nthe offence\n\ncolumn 1\nitem\ncolumn 2\nreferring entity\ncolumn 3\nstage when referral may be made\n","sortOrder":18},{"sectionNumber":"4","sectionType":"section","heading":"Magistrates Court","content":"4 Magistrates Court\n(including the\nChildrens Court)\nSupreme Court\nif the offender pleads guilty to, or is found\nguilty of, the offence—\n(a) after the offender pleads guilty to,\nor is found guilty of, the offence\n(whether or not the offender has\nbeen convicted or sentenced); and\n(b) before the end of the proceeding\n5 director-general\n(children and\nyoung people)\n(corrections)\n(restorative justice)\nsentence\nadministration\nboard\nvictims of crime\ncommissioner\n(a) after a court has made a sentence-\nrelated order in relation to the\n(b) before the end of the term of the\nsentence-related order or the\nsentence (if any) of which it forms\npart (whichever is later)\n6 therapeutic support\npanel\nat any time after a child offender has been\nreferred to the panel\n7 referring entity\nprescribed by\nregulation\nstage prescribed by regulation\n\nSection 23\npage 20 Crimes (Restorative Justice) Act 2004\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Referral—procedure","content":"23 Referral—procedure\n(1) The referring entity must give a referral to the director-general\n(restorative justice).\nNote Section 72 deals with what happens if the referring entity is the same\nreferral is made by the director-general as director-general (corrections)\nor director-general (children and young people).\nappropriate administrative arrangements are made for the referral to be\ngiven by a delegate of the director-general as director-general\n(corrections) or director-general (children and young people) to a\ndelegate of the director-general as director-general (restorative justice).\n(2) The referral—\n(a) must be in writing, stating the grounds for referral; and\n(b) if the referring entity is a court—may be in the form of a court\nreferral order or sentence-related order, or as a condition of a\nbail order.\n(3) This section does not apply if the referring entity is the\nNote The referring entity may be the director-general (restorative justice)\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Referral power","content":"24 Referral power\n(1) A referring entity may refer an offence for restorative justice if the\nentity is satisfied that all the following conditions (the section 24\nreferral conditions) apply:\n(a) the offender is an eligible offender;\n(b) there is an eligible victim or parent in relation to the offence;\n\nSection 25\n(c) an explanation has been given under section 25 to the eligible\noffender, before the offender agrees to take part in restorative\nNote The conditions under which a victim, parent or offender may be eligible\nare set out in s 17, s 18 and s 19.\n(2) The restorative justice guidelines may prescribe procedures for\nmaking decisions about referrals under subsection (1).\n(3) This section is subject to the following sections:\n(a) section 26 (Referral by DPP—less serious family violence\noffences and less serious sexual offences);\n(b) section 27 (Referral during court proceeding—before offender\nenters plea).\n(4) This section does not apply to a referral under section 28A (Referrals\nnot requiring offender notification—post-sentence stage).\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Explanation of restorative justice","content":"25 Explanation of restorative justice\nBefore an offence is referred for restorative justice, the referring\nentity must ensure that reasonable steps are taken to explain to the\neligible offender (in language that the offender can readily\nunderstand)––\n(a) the purpose of restorative justice generally and for the particular\n(c) that the offender may seek independent legal advice about\ntaking part in restorative justice; and\n\nSection 26\npage 22 Crimes (Restorative Justice) Act 2004\n(d) that no-one is under an obligation to take part, or continue to\ntake part, in restorative justice after it has started; and\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Referral by DPP—less serious family violence offences","content":"26 Referral by DPP—less serious family violence offences\nand less serious sexual offences\n(1) This section applies if the director of public prosecutions is the\nreferring entity for a less serious family violence offence or a less\nserious sexual offence allegedly committed by a young offender or an\nadult offender.\n(2) The director of public prosecutions may refer the offence for\nrestorative justice if—\n(a) the section 24 referral conditions apply; and\n(b) the director has consulted each person who could be an eligible\nvictim or parent for the offence.\n\nReferral by courts Division 6.3\nSection 27\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Referral during court proceeding—before offender enters","content":"27 Referral during court proceeding—before offender enters\nplea\n(1) This section applies if—\n(a) a court is the referring entity for an offence under table 22, item\n3; and\n(b) the prosecution and any lawyer representing the offender agree\nthat the offence should be referred for restorative justice; and\n(c) either—\n(i) the court is satisfied that the section 24 referral conditions\napply; or\n(ii) the court considers that it is appropriate to refer the offence\nfor restorative justice, and the court has ensured that an\nexplanation has been given under section 25 (Explanation\nof restorative justice) to the offender.\n(2) The court may by order (a court referral order) adjourn the\nproceeding for a stated period, and refer the offence for restorative\njustice, on the application of—\n(a) the director of public prosecutions; or\n(b) the offender’s legal representative.\n(3) The court must ensure that a copy of the court referral order is given\nto—\n(a) the director-general (restorative justice); and\n(b) the director of public prosecutions; and\n(c) any lawyer representing the offender.\n\nSection 28\npage 24 Crimes (Restorative Justice) Act 2004\n(4) The director-general (restorative justice) must ensure that a copy of\nthe court referral order received under section (3) (a) is given to—\n(a) each person who could be an eligible victim or eligible parent in\nrelation to the offence; and\n(b) the offender.\n(5) For the referral of a less serious family violence offence or a less\nserious sexual offence alleged to have been committed by a young\noffender or an adult offender, the court may make a court referral\norder, before the offender pleads guilty to the offence or is found\nguilty of the offence, only if it considers that exceptional\ncircumstances exist to justify the referral.\nNote This Act does not apply to a serious family violence offence or a serious\nsexual offence unless the offender pleads guilty to the offence, or is found\nguilty of the offence (see s 16).\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Court referral orders—reports","content":"28 Court referral orders—reports\n(1) This section applies if a court makes a court referral order for\nsection 27 in relation to a proceeding for an offence.\n(2) The director-general must give the court a written report about the\noutcome of restorative justice for the offence within the period for\nwhich the proceeding is adjourned under the order.\n(3) The report must include a statement of the following:\n(a) whether the director-general is satisfied that, in relation to the\noffence—\n(i) there is an eligible victim or eligible parent in relation to\nthe offence; and\n(ii) there is an eligible offender in relation to the offence; and\n(iii) the offence is a suitable offence for restorative justice;\n(b) whether a restorative justice conference was held;\n\nReferrals not requiring offender notification Division 6.4\nSection 28A\n(c) if a restorative justice conference was held—\n(i) the extent to which the conference met the objects of this\nAct; and\n(ii) whether a restorative justice agreement was reached at the\n(4) If a restorative justice agreement was reached at a restorative justice\nconference for the offence, the report must include a copy of the\n(5) The director-general must give a copy of the report to—\n(a) each person who is a required participant in a restorative justice\nconference under section 42 (Required participants); and\n(b) the director of public prosecutions; and\n(c) any lawyer representing the offender.\nDivision 6.4 Referrals not requiring offender\nnotification\n","sortOrder":25},{"sectionNumber":"28A","sectionType":"section","heading":"Referrals not requiring offender notification—","content":"28A Referrals not requiring offender notification—\npost-sentence stage\n(1) A post-sentence referring entity may refer an offence for restorative\njustice if—\n(a) the entity is satisfied there is an eligible victim or eligible parent\nin relation to the offence; and\n(b) the offender—\n(i) was at least 10 years old when the offence was committed;\nand\n(ii) is in the post-sentence stage in relation to the offence; and\n\n","sortOrder":26},{"sectionNumber":"Div 6","sectionType":"division","heading":"4 Referrals not requiring offender notification","content":"Division 6.4 Referrals not requiring offender notification\nSection 28A\npage 26 Crimes (Restorative Justice) Act 2004\n(c) the entity is satisfied, having regard to the objects of this Act,\nthat it is not appropriate, or it is not reasonably practicable in the\ncircumstances, to notify the offender that the offence is being\nconsidered for restorative justice.\nNote For a referral under this section, the referring entity is not required to be\nsatisfied the offender is an eligible offender. However, the\ndirector-general must be satisfied of that before deciding the offence is\nsuitable for restorative justice (see s 30 (b)).\n(2) The restorative justice guidelines may prescribe procedures for how\na post-sentence referring entity must make decisions about referrals\nunder subsection (1).\n(3) In this section:\npost-sentence referring entity means an entity mentioned in table 22,\nitem 5, column 2.\npost-sentence stage, in relation to an offence for which the offender\nis found guilty, means—\n(a) after a court has made a sentence-related order for the offender;\nand\n(b) before the end of the term of the sentence-related order or the\nsentence (if any) of which it forms part (whichever is later).\n\nSection 29\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Meaning of personal characteristics","content":"29 Meaning of personal characteristics\npersonal characteristics, of a victim, or a parent of a child victim, or\noffender, means personal characteristics of the victim, parent or\noffender that might affect—\n(a) the capability of the victim, parent or offender to agree to take\npart in restorative justice; or\n(b) the outcome of restorative justice for the relevant offence.\nExamples\n• age\n• gender\n• social or cultural background\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Suitability—eligibility requirement","content":"30 Suitability—eligibility requirement\nThe director-general may decide that an offence is suitable for\nrestorative justice only if satisfied that—\n(a) there is an eligible victim or eligible parent for the offence; and\n(b) the offender is an eligible offender.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Finding of eligibility by referring entity","content":"31 Finding of eligibility by referring entity\n(1) This section applies if, in a referral under section 23 (Referral—\nprocedure) or section 28A (Referrals not requiring offender\nnotification—post-sentence stage), a referring entity states that a\nperson is an eligible victim, parent, or offender and gives grounds for\nthat statement.\nNote For a referral under s 28A, the referring entity is not required to be\nsatisfied that the offender is an eligible offender.\n\nSection 32\npage 28 Crimes (Restorative Justice) Act 2004\n(2) For this part, the referring entity’s statement—\n(a) is sufficient for the director-general to be satisfied of the fact of\neligibility; but\n(b) does not prevent the director-general from being satisfied that a\nvictim, parent or offender is not eligible for restorative justice.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Suitability—decision","content":"32 Suitability—decision\n(1) The director-general is responsible for deciding whether restorative\njustice is suitable for an offence.\n(2) The director-general may decide whether restorative justice is\nsuitable for an offence only after considering the following:\n(a) the general considerations mentioned in section 33;\n(b) suitability for the eligible victim or parent under section 34 or\nsection 35;\n(c) suitability for the offender under section 36.\n(3) Subject to section 32A, if the director-general decides that restorative\njustice is suitable for an offence, the director-general must ask the\nfollowing for written consent for a restorative justice conference to\nbe called for the offence:\n(a) the eligible victim or parent, or both (if there is an eligible victim\nand an eligible parent);\n(b) the eligible offender.\n\nSection 32A\nwritten consent includes oral or other consent, if a written record of\nthe consent is made by a person who was with the person giving the\nconsent when it was given.\nRoyce is an eligible victim who has an acquired brain injury that limits his ability\nto write and speak. Royce is able to indicate his consent by using a communication\nboard. Royce’s mother is with Royce when he consents and makes a written record\nof his actions.\n","sortOrder":31},{"sectionNumber":"32A","sectionType":"section","heading":"Explanation of restorative justice––before consent","content":"32A Explanation of restorative justice––before consent\nBefore obtaining written consent under section 32 (3), the\ndirector-general must ensure that reasonable steps are taken to explain\nto each eligible victim and parent, and the offender (in language that\nthe victim, parent or offender can readily understand)—\n(a) the purpose of restorative justice generally and for the particular\n(c) that the person may seek independent legal advice about taking\npart in restorative justice; and\n(d) that no-one is under an obligation to take part, or continue to\ntake part, in restorative justice after it has started; and\n\nSection 33\npage 30 Crimes (Restorative Justice) Act 2004\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Suitability—general considerations","content":"33 Suitability—general considerations\n(1) In deciding whether restorative justice is suitable for an offence, the\ndirector-general must consider the following:\n(a) any government or administrative policy relating to the\ntreatment of offences of the relevant kind;\n(b) the nature of the offence, including the level of harm caused by\nor violence involved in its commission or alleged commission;\n(c) the appropriateness of restorative justice at the current stage of\nthe criminal justice process or any other process associated with\nthe offence;\n(d) any potential power imbalance between the people who are to\ntake part in restorative justice for the offence;\n(e) the physical and psychological safety of anyone who is to take\npart in restorative justice for the offence.\n(2) The director-general may decide that restorative justice is suitable for\na less serious family violence offence or a less serious sexual offence\ncommitted by a young offender or an adult offender before the\noffender pleads guilty to the offence or is found guilty of the offence\nonly if satisfied that exceptional circumstances exist to justify the\ncalling of a restorative justice conference for the offence.\n\nSection 34\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Suitability—victims","content":"34 Suitability—victims\n(1) In deciding whether restorative justice is suitable for an eligible\nvictim, the director-general must consider the following:\n(a) the victim’s personal characteristics;\n(b) the victim’s motivation for taking part in restorative justice;\n(c) the impact of the offence as perceived by the victim.\n(2) For this Act, an eligible victim is a suitable victim if the\ndirector-general decides under section 32 that the victim is suitable\nfor restorative justice.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Suitability—eligible parents","content":"35 Suitability—eligible parents\n(1) In deciding whether restorative justice is suitable for an eligible\nparent of a child victim, the director-general must consider the\nfollowing:\n(a) the relationship between the parent and the child;\n(b) the parent’s and the child victim’s personal characteristics;\n(c) the parent’s and the child victim’s motivation for taking part in\nrestorative justice;\n(d) the impact of the offence as perceived by the parent and the child\nvictim.\n(2) For this Act, an eligible parent is a suitable parent if the\ndirector-general decides under section 32 that the parent is suitable\nfor restorative justice.\n\nSection 36\npage 32 Crimes (Restorative Justice) Act 2004\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Suitability—offenders","content":"36 Suitability—offenders\nIn deciding whether restorative justice is suitable for an offender, the\ndirector-general must consider the following:\n(a) the extent (if any) of the offender’s contrition or remorse for the\noffence;\n(b) the offender’s personal characteristics;\n(c) the offender’s motivation for taking part in restorative justice;\n(d) the impact of the offence as perceived by the offender.\n\nGeneral Division 8.1\nSection 37\nPart 8 Restorative justice conferences\nand agreements\nDivision 8.1 General\n37 Definitions—pt 8\nIn this part:\nreferring entity—see section 38.\nrequired participant, in a restorative justice conference—see\nsection 42.\nrestorative justice agreement—see section 50.\nsubstitute participant—see section 43.\nsuitable parent—see section 35.\nsuitable victim—see section 34.\n38 Meaning of referring entity—pt 8\n(1) In this part:\nreferring entity—see section 22.\n(2) However, if an offence is referred for restorative justice by a court in\nmaking a sentence-related order, referring entity means the\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Decision to call conference","content":"39 Decision to call conference\n(1) The director-general may require a restorative justice conference to\nbe called for an offence if—\n(a) the director-general decides, under section 32 (Suitability—\ndecision) that restorative justice is suitable for the offence; and\n\nSection 40\npage 34 Crimes (Restorative Justice) Act 2004\n(b) the eligible victim or parent, and the eligible offender, gives\nconsent under section 32 (3) for the conference to be called.\n(2) The director-general must assign a convenor to a conference called\nunder this section.\n(3) The director-general must ensure, before the conference begins, that\nthe convenor has received sufficient legal training to—\n(a) advise the participants of their rights and duties at law and under\nthis Act; and\n(b) otherwise exercise the functions of a convenor under this Act.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Appointment of convenors","content":"40 Appointment of convenors\n(1) The director-general may appoint a person as a convenor for this part.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The director-general may appoint a person as convenor only if—\n(a) the person has the qualifications and experience prescribed by\nregulation; and\n(b) if the person is not a lawyer—the director-general is satisfied\nthat the convenor has received, or has the capacity to receive,\nsufficient legal training—\n(i) to advise those who take part in restorative justice of their\nrights and duties in relation to restorative justice under this\nAct; and\n(ii) otherwise to exercise the functions of a convenor for this\nAct.\n\nConvenors Division 8.2\nSection 41\n(3) Subsection (2) (b) does not prevent a regulation being made requiring\na convenor to be a lawyer.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"What a convenor does","content":"41 What a convenor does\n(1) The convenor of a restorative justice conference, subject to this part,\nmay do anything necessary or desirable to be done in relation to\ncalling the conference, including the following:\n(a) consulting a person with knowledge of or experience in a\nparticular culture;\n(b) inviting a person to take part in the conference;\n(c) deciding whether the conference should require the participants\nto meet in person, or to communicate in any other way;\n(d) fixing a time for the conference, and for any continuation of the\nconference;\n(e) fixing a venue for the conference, if the participants are to meet\nin person;\n(f) identifying the issues that should be addressed at the conference;\n(g) facilitating the conference;\n(h) warning participants about the potentially incriminating nature\nof any statement to be made, or being made, at the conference;\n(i) facilitating an agreement between the participants;\n(j) ensuring that this Act is complied with in relation to the\nconference and any agreement;\n(k) any other function required by regulation.\n(2) The convenor must carry out the functions mentioned in\nsubsection (1) in a way that ensures that no-one’s safety, rights or\ndignity is compromised.\n\nSection 42\npage 36 Crimes (Restorative Justice) Act 2004\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Required participants","content":"42 Required participants\n(1) A restorative justice conference for an offence must not proceed\nunless each of the following takes part in the conference:\n(a) a suitable victim or parent, or a substitute participant for a\nsuitable victim or parent;\n(b) the offender.\n(2) A person mentioned in subsection (1) who takes part (or who is to\ntake part) in a restorative justice conference for an offence is a\nrequired participant in the conference for this part.\nNote The convenor may invite supporters of the offender and victim to take\npart in the conference, and the informant police officer (see s 44).\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Substitute participants","content":"43 Substitute participants\nA person (a substitute participant) acting for a suitable victim or\nparent may take part in a restorative justice conference instead of the\nvictim or parent if—\n(a) the victim or parent asks for, or agrees to, the substitution; and\n(b) the convenor agrees to the substitution.\nNote If the conference results in a restorative justice agreement, the substitute\nparticipant for the victim or parent must sign the agreement, and is taken\nto do so on behalf of the victim or parent (see s 52).\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Invited participants","content":"44 Invited participants\n(1) Any of the following may take part in a restorative justice conference\nif invited by the convenor:\n(a) the police officer who is the informant for the offence;\n(b) a parent of a suitable victim or the offender;\n\nConduct of conference Division 8.3\nSection 44\n(c) a family member or domestic partner of a suitable victim, a\nsuitable parent or the offender;\n(d) a person in a domestic relationship with a suitable victim, a\nsuitable parent or the offender;\n(e) anyone else, if—\n(i) a suitable victim or parent, or the offender, considers the\nperson can provide emotional or practical support for the\nvictim, parent or offender; or\n(ii) the convenor considers that the participation of the person\nwould help to promote the objects of this Act in relation to\nthe conference.\n(2) If a required participant asks the convenor to invite a person\nmentioned in subsection (1) to take part in the conference, the\nconvenor must not refuse the request unless the convenor considers,\non reasonable grounds, that to invite the participant would be\nsignificantly detrimental to the objects of this Act in relation to the\n(3) If a participant in a restorative justice conference is represented by\nsomeone acting for the participant in a professional capacity, the\nrepresentative may not take part in the conference in that capacity.\nExamples of people acting for participants in a professional capacity\n1 lawyers\n2 victim intercessors\n3 offender intercessors\ndomestic relationship—see the Domestic Relationships Act 1994,\nsection 3.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n\nSection 45\npage 38 Crimes (Restorative Justice) Act 2004\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Explanation for participants","content":"45 Explanation for participants\nBefore a restorative justice conference begins, the convenor must\nensure that reasonable steps are taken to explain to each person who\nis to take part in the conference (in language that each can readily\nunderstand)—\n(a) the objects of this Act in relation to the conference, including\nthe purpose of restorative justice generally and for the particular\n(c) that the person may, before and after the conference is called,\nseek independent legal advice about taking part in a restorative\njustice conference and about the effect of any restorative justice\nagreement reached at a conference; and\n(d) that no-one is under an obligation to take part in the conference,\nor to continue to take part in conference after it has started; and\n\nConduct of conference Division 8.3\nSection 46\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Form of conference","content":"46 Form of conference\nThe convenor of a restorative justice conference may conduct the\nconference in any form (or combination of forms) consistent with the\nrestorative justice guidelines that would, in the convenor’s opinion,\nbest facilitate—\n(a) interaction between the participants; and\n(b) the promotion of the objects of this Act in relation to the\nExamples of conference forms\n1 face-to-face meeting\n2 exchange of written or emailed statements between participants\n3 exchange of prerecorded videos between participants\n4 teleconferencing\n5 videoconferencing\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Discontinuance of restorative justice","content":"47 Discontinuance of restorative justice\n(1) The convenor of a restorative justice conference may decide to—\n(a) cancel the conference before it is conducted; or\n(b) discontinue the conference at any time after it has started.\n(2) The convenor may cancel or discontinue the conference only if, in the\nconvenor’s opinion based on reasonable grounds, there is no\nsignificant prospect of promoting the objects of this Act by\nconducting, or continuing to conduct, the conference.\n\nSection 48\npage 40 Crimes (Restorative Justice) Act 2004\n(3) Without limiting subsection (2), the convenor must cancel or\ndiscontinue the conference if, in the convenor’s opinion based on\nreasonable grounds, before or during the conference—\n(a) a suitable victim or parent has withdrawn his or her agreement\nto take part in the conference, and there is no other suitable\nvictim or parent (or substitute participant for a suitable victim or\nparent) who agrees to take part in the conference; or\n(b) the offender has withdrawn his or her agreement to take part in\nthe conference.\n(4) If the convenor decides to cancel or discontinue the conference, the\nconvenor must give notice of the decision to—\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Report to referring entity about outcome","content":"48 Report to referring entity about outcome\n(1) After the end of a restorative justice conference, the convenor must\ngive a report about the outcome of the conference to the referring\nentity for the offence.\n(2) The report about the outcome of the conference must include the\nfollowing information:\n(a) details of the conference and when it ended; and\n(b) whether the conference resulted in a restorative justice\nNote If the conference resulted in an agreement, the convenor must give a copy\nof the agreement to the referring entity as well (see s 54).\n\nSection 49\n49 Application—div 8.4\nThis division applies in relation to a restorative justice agreement that\nresults from (or that may result from) a restorative justice conference.\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Agreement as object of conference","content":"50 Agreement as object of conference\nA restorative justice conference has as a primary object the formation\nof an agreement under this division (a restorative justice agreement)\nbetween each required participant in the conference.\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Nature of agreement","content":"51 Nature of agreement\n(1) A restorative justice agreement in relation to an offence must include\nmeasures intended to repair the harm caused by the offence.\n(2) The agreement may include 1 or more of the following:\n(a) an apology by the offender to any victim or parent of a victim;\n(b) a plan to address the offending behaviour of the offender;\n(c) a work plan to be carried out by the offender for the benefit of\nany victim or parent of a victim;\n(d) a work plan to be carried out by the offender for the benefit of\nthe community or a part of the community;\n(e) financial reparation to be paid by the offender to any victim or\nparent of a victim;\n(f) anything else that each required participant and substitute\nparticipant in the conference agree would help repair the harm\ncaused by the offence.\n(3) The agreement must be fair and, in the opinion of each required\nparticipant and substitute participant in the conference and the\nconvenor, reasonably able to be carried out by the offender.\n\nSection 52\npage 42 Crimes (Restorative Justice) Act 2004\n(4) The agreement must not require the offender or anyone else to do\nanything that would—\n(a) be unlawful; or\n(b) require the detention of the offender (whether full-time or for\nany period); or\n(c) be degrading or humiliating to the offender or anyone else; or\n(d) cause distress to the offender or anyone else.\n(5) The agreement must be for a term of no longer than 6 months, starting\non—\n(a) the date the agreement is made; or\n(b) if a later starting date is stated in the agreement—the later date.\nNote The term of the agreement may be extended beyond this period, or\nreduced, by an amendment under s 55.\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"Form of agreement","content":"52 Form of agreement\n(1) A restorative justice agreement must be—\n(a) in writing; and\n(b) signed by each required participant in the conference.\n(2) If a substitute participant for a suitable victim or parent signs a\nrestorative justice agreement—\n(a) the substitute participant is taken to sign the agreement on behalf\nof the victim or parent; and\n(b) the victim or parent is taken to have consented to the agreement.\nNote If there is a substitute victim or parent for a restorative justice conference\nunder s 43, the substitute is a required participant in the conference (see\ns 42), and so may sign a restorative justice agreement under s (1) (b).\n\nSection 53\n(3) If a required participant is not able to sign a restorative justice\nagreement but has given oral or other consent to the agreement, the\ndirector-general must ensure that a written record of the consent is—\n(a) made by a person who was with the person giving the consent\nwhen it was given; and\n(b) kept with the restorative justice agreement.\n","sortOrder":49},{"sectionNumber":"53","sectionType":"section","heading":"Explanation of effect of agreement","content":"53 Explanation of effect of agreement\nBefore a restorative justice agreement is signed, the convenor must\nensure that reasonable steps are taken to explain to each required\nparticipant in the conference (in language that each can readily\nunderstand)—\n(a) the nature, purpose and effect of the agreement; and\n(b) that no-one is under an obligation to sign the agreement; and\n(c) that the participant may, before signing the agreement, seek\nindependent legal advice about the effect of the proposed\nagreement; and\n(d) if the offender has not entered a plea in relation to the offence—\n(e) if a sentence-related order has not been made for the offender—\n\nSection 54\npage 44 Crimes (Restorative Justice) Act 2004\n","sortOrder":50},{"sectionNumber":"54","sectionType":"section","heading":"Notice of agreement","content":"54 Notice of agreement\nThe convenor must give a copy of a restorative justice agreement to—\n","sortOrder":51},{"sectionNumber":"55","sectionType":"section","heading":"Amendment of agreement","content":"55 Amendment of agreement\n(1) The convenor may amend a restorative justice agreement on the\napplication of a required participant in the conference, or the\nconvenor’s initiative, if the convenor considers that the amendment\nis necessary or desirable—\n(a) to respond to a change in the situation of any suitable victim or\nparent, or the offender; or\n(b) to correct an error.\n(2) Without limiting subsection (1), the convenor may amend a\nrestorative justice agreement under the subsection in response to a\nchange in the situation of any suitable victim or parent, or the\n(a) to increase the term of the agreement, including an increase that\nwould provide for the agreement to end more than 6 months after\nthe day it started under section 51 (5); or\n(b) to reduce the term of the agreement.\nSam is an offender, and Bella is a victim of Sam’s offence. Sam is found guilty of\nthe offence but, under the Crimes (Sentencing) Act 2005, section 17\n(Non-conviction orders—general), the charge is dismissed and no conviction is\nrecorded. After taking part in a restorative justice conference, Sam and Bella sign\na restorative justice agreement under which Sam agrees to work in Bella’s garden\nevery Saturday for 6 months.\nHowever, 4 months after the start of the agreement, the company Sam works for\nmoves its head office from Canberra to Brisbane, and Sam is required to move there\nbefore the 6 months is over to keep his job. Sam has until then complied fully with\nthe agreement.\n\nSection 55\nThe convenor may consider, because of Sam’s history of compliance with the\nagreement, and the change in Sam’s situation, there is a change in Sam’s situation\nthat would justify an amendment to the agreement to reduce its term so that it will\nend when Sam has to move to Brisbane.\nNote See s (5), def change in the situation. The definition excludes a change\nin the offender’s, victim’s or parent’s attitude to compliance with the\nrestorative justice agreement.\n(3) However, any amendment of a restorative justice agreement to\nrespond to a change in the situation of any suitable victim or parent,\nor the offender, may only be made after the convenor has consulted\neach required participant in the conference who is a suitable victim or\nparent, or a substitute participant for a suitable victim or parent.\n(4) If the convenor amends a restorative justice agreement under this\nsection, the convenor must give notice of the amendment and a copy\nof the agreement, as amended, to—\n(5) In this section:\nchange in the situation, of a victim, parent or offender in relation to\na restorative justice agreement, does not include a change in the\nvictim’s, parent’s or offender’s attitude to complying with the\n\nDivision 8.5 Monitoring compliance with restorative justice agreements\nSection 56\npage 46 Crimes (Restorative Justice) Act 2004\nDivision 8.5 Monitoring compliance with\nrestorative justice agreements\n56 Application—div 8.5\nThis division applies to a restorative justice agreement for an offence\nthat is referred for restorative justice by a referring entity.\n57 Monitoring compliance—director-general (restorative\njustice)\n(1) The director-general (restorative justice) may do anything reasonable\nto check whether the restorative justice agreement is being complied\nwith.\nAlex has been convicted and sentenced for an offence. As a condition of the\nsentence, Alex has taken part in restorative justice. After a restorative justice\nconference, Alex signed a restorative justice agreement with the victim agreeing to\nperform 50 hours unpaid work for a charity service organisation. The\ndirector-general (restorative justice) may, under this subsection, contact the\norganisation at reasonable intervals to make sure that Alex performs the work\nsatisfactorily.\n(2) If the director-general (restorative justice) is satisfied on reasonable\ngrounds that there has been a significant failure to comply with the\nrestorative justice agreement, the director-general must report the\nnoncompliance to the referring entity.\n(3) If the director-general (restorative justice) is satisfied on reasonable\ngrounds that the restorative justice agreement has been substantially\nor fully complied with, the director-general must report the\ncompliance to the referring entity.\n\nMonitoring compliance with restorative justice agreements Division 8.5\nSection 58\n(4) Subsections (2) and (3) do not apply if the referring entity is the\nNote 1 The referring entity may be the director-general (restorative justice)\nNote 2 Section 72 deals with what happens if the referring entity is the same\ngiven by a delegate of the director-general as director-general (restorative\njustice) to a delegate of the director-general as director-general\n(corrections) or director-general (children and young people).\n","sortOrder":52},{"sectionNumber":"58","sectionType":"section","heading":"Monitoring compliance—referring entities","content":"58 Monitoring compliance—referring entities\n(1) The referring entity may do anything reasonable to check whether the\nagreement is being complied with.\nThe example for section 57 (1) applies in relation to the checking of compliance by\nthe referring entity.\n(2) If the referring entity is satisfied on reasonable grounds that there has\nbeen a significant failure to comply with the restorative justice\nagreement, the referring entity must report the noncompliance to the\n(3) If the referring entity is satisfied on reasonable grounds that the\nrestorative justice agreement has been substantially or fully complied\nwith, the referring entity must report the compliance to the\n\nDivision 8.6 Evidence of statements made at conferences\nSection 59\npage 48 Crimes (Restorative Justice) Act 2004\n(4) Subsections (2) and (3) do not apply if the referring entity is the\nNote 1 The referring entity may be the director-general (restorative justice)\nunder s 22, table 22, item 1 or 5.\nNote 2 Section 72 deals with what happens if the referring entity is the same\ngiven by a delegate of the director-general as director-general\n(corrections) or director-general (children and young people) to a\ndelegate of the director-general as director-general (restorative justice).\n","sortOrder":53},{"sectionNumber":"Div 8","sectionType":"division","heading":"6 Evidence of statements made at","content":"Division 8.6 Evidence of statements made at\nconferences\n","sortOrder":54},{"sectionNumber":"59","sectionType":"section","heading":"Evidence of offences","content":"59 Evidence of offences\n(1) This section applies if a statement is made by an offender (the\nconference offender) during a restorative justice conference, or in a\nrestorative justice agreement, in relation to an offence (the\nconference offence) that has been committed by anyone (including\nthe conference offender).\n(2) Evidence of the statement may not be admitted in court in a\nproceeding in relation to a less serious offence (including the\nconference offence, if that is a less serious offence), whether or not\nthe conference offender is accused of the offence.\n\nEvidence of statements made at conferences Division 8.6\nSection 60\n(3) However, subsection (2) does not prevent a court, in sentencing an\noffender for an offence (whether the offence is a less serious offence\nor a serious offence), from considering a statement made by the\noffender during a restorative justice conference, or in a restorative\njustice agreement, in relation to the offence or any other offence.\nNote There may be circumstances in which evidence of the statement is\nadmissible in court in a proceeding in relation to a serious offence,\nwhether or not the conference offence is a serious offence, or the\nconference offender is accused of the offence. Territory law that deals\ngenerally with the admission of evidence in criminal proceedings would\napply.\n","sortOrder":55},{"sectionNumber":"60","sectionType":"section","heading":"Evidence of future offences","content":"60 Evidence of future offences\n(1) This section applies if a statement is made by an offender (the\nconference offender) during a restorative justice conference, or in a\nrestorative justice agreement, in relation to an offence (the\nconference future offence) proposed to be committed after the time\nof the conference or agreement by anyone (including the conference\noffender).\n(2) This Act does not prevent evidence of the statement being admitted\nin court in a proceeding in relation to the conference future offence—\n(a) whether or not the offence is a serious offence; and\n(b) whether or not the conference offender intends to commit, or is\nalleged to have committed, the offence.\n\nSection 61\npage 50 Crimes (Restorative Justice) Act 2004\n","sortOrder":56},{"sectionNumber":"61","sectionType":"section","heading":"Restorative justice guidelines","content":"61 Restorative justice guidelines\n(1) The director-general may issue guidelines (restorative justice\nguidelines) outlining procedures for the following:\n(a) the referral of offences for restorative justice, including\nprocedures for making decisions about referrals;\n(b) the management of restorative justice;\n(c) the conduct of restorative justice conferences;\n(d) monitoring the progress of restorative justice;\n(e) monitoring compliance with restorative justice agreements;\n(f) any other aspect of the administration of this Act.\n(2) Restorative justice guidelines—\n(a) may deal with matters also dealt with elsewhere under this Act;\nbut\n(b) must not be inconsistent with this Act.\n(3) Restorative justice guidelines are disallowable instruments.\n(4) A referring entity for an offence must comply with the guidelines.\n","sortOrder":57},{"sectionNumber":"62","sectionType":"section","heading":"Police participation in restorative justice","content":"62 Police participation in restorative justice\nThe director-general may make arrangements with the chief police\nofficer—\n(a) for the participation of police officers in the administration of\nthis Act; and\n(b) for the appointment of police officers to call restorative justice\nconferences, subject to this Act.\n\nGeneral administration Division 9.1\nSection 63\n","sortOrder":58},{"sectionNumber":"63","sectionType":"section","heading":"Information sharing","content":"63 Information sharing\n(1) The director-general may ask a referring entity to give the\ndirector-general information about a victim, the parent of a victim, an\noffender or anyone else if the information is necessary for the\nadministration of this Act.\n(2) A referring entity must do everything reasonable to comply with a\nrequest under subsection (1).\n","sortOrder":59},{"sectionNumber":"64","sectionType":"section","heading":"Secrecy","content":"64 Secrecy\n(1) In this section:\nprotected information—\n(a) means information about a person that is disclosed to, or\nobtained by, a secret-keeper because of the exercise of a function\nby the secret-keeper under this Act; but\n(b) does not include—\n(i) information in a restorative justice agreement; or\n(ii) information disclosing who attended a restorative justice\nconference; or\n(iii) a written record of consent made under section 52 (3).\nExamples of protected information\n1 information obtained by a referring entity or the director-general in assessing\nthe eligibility of a victim, parent or offender for restorative justice\n2 information obtained by the convenor of a restorative justice conference in\npreparing the conference\n3 a transcript (or other record) of what is said during a restorative justice\nconference that is kept by the convenor or the director-general\n\nSection 64\npage 52 Crimes (Restorative Justice) Act 2004\nsecret-keeper means a person who is exercising, or has exercised, a\nfunction under this Act.\nExamples\n1 a referring entity, or the delegate of a referring entity, if the referring entity or\ndelegate is considering whether to refer an offence for restorative justice\n2 the director-general, or a delegate of the director-general, if the\ndirector-general or delegate is considering whether an offence is suitable for\nrestorative justice, or whether a restorative justice conference for an offence\nshould be called\n3 the convenor of a restorative justice conference, if the convenor is making\npreparations for a restorative justice conference\n4 a staff member of an administrative unit, if the staff member is assisting a\nsecret-keeper mentioned in examples 1, 2 or 3 in carrying out the functions\nmentioned in those examples\n(2) A secret-keeper commits an offence if the secret-keeper—\n(a) makes a record of protected information; or\n(b) directly or indirectly discloses or communicates protected\ninformation about someone to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsection (2) does not apply if the record is made, or the information\nis disclosed or communicated—\n(a) under this or any other Act; or\n(b) in relation to the exercise of a function, as a secret-keeper, under\nthis or any other Act.\n(4) Subsection (2) does not prevent a secret-keeper from divulging or\ncommunicating protected information about someone with that\nperson’s consent.\n\nGeneral administration Division 9.1\nSection 65\n(5) For a civil proceeding, a secret-keeper must not—\n(a) disclose or communicate protected information to a court; or\n(b) produce or permit access to a document containing protected\ninformation to a court.\n(6) For a criminal proceeding, unless it is necessary to do so to comply\nwith this Act, any other territory law or a law of the Commonwealth,\na secret-keeper is not required—\n(a) to disclose or communicate protected information to a court; or\n(b) to produce or permit access to a document containing protected\ninformation to a court.\n","sortOrder":60},{"sectionNumber":"65","sectionType":"section","heading":"Secrecy about information acquired under other Acts","content":"65 Secrecy about information acquired under other Acts\n(1) The provisions of another Act imposing restrictions or obligations of\nsecrecy or nondisclosure of information acquired in the\nadministration of that Act apply to a person who, in the exercise of\nfunctions under this Act, has access to the information because of the\ninformation having been acquired in the administration of the other\nAct.\n(2) For subsection (1), the person who has access to the information in\nthe exercise of functions under this Act is taken to be a person\nengaged in the administration of the other Act.\n(3) Subsection (1) does not prevent—\n(a) the giving of access to records under this Act; or\n(b) the preparation and dissemination of guides and aids to finding\ninformation contained in the records.\n\nSection 66\npage 54 Crimes (Restorative Justice) Act 2004\n","sortOrder":61},{"sectionNumber":"66","sectionType":"section","heading":"Protection from liability","content":"66 Protection from liability\n(1) A person is not personally liable for anything done or omitted to be\ndone honestly and without negligence—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the Territory.\n","sortOrder":62},{"sectionNumber":"67","sectionType":"section","heading":"Meaning of referring entity—div 9.2","content":"67 Meaning of referring entity—div 9.2\n(1) In this division:\nreferring entity, in relation to an offence—see section 22.\n(2) However, if an offence is referred for restorative justice by a court in\nmaking a sentence-related order, referring entity means the\n","sortOrder":63},{"sectionNumber":"68","sectionType":"section","heading":"Quarterly reporting by director-general","content":"68 Quarterly reporting by director-general\n(1) This section applies in relation to a quarter of a year if—\n(a) an offence is referred for restorative justice before the start of,\nor during, the quarter; and\n(b) restorative justice—\n(i) has not ended for the offence; or\n(ii) ended for the offence during the quarter.\nNote Quarter is defined in the Legislation Act, dict, pt 1 to mean the 3 months\nfollowing 1 January, 1 April, 1 July or 1 October in any year.\n\nReporting and records Division 9.2\nSection 68\n(2) Within 14 days after the last day of the quarter, the director-general\n(restorative justice) must report to the referring entity on the progress\nof restorative justice for the offence during the quarter.\nNote Section 72 deals with what happens if the referring entity is the same\ngiven by a delegate of the director-general as director-general (restorative\njustice) to a delegate of the director-general as director-general\n(corrections) or director-general (children and young people).\n(3) This section does not apply if the referring entity is the\nNote The referring entity may be the director-general (restorative justice)\nends—restorative justice ends for an offence if—\n(a) the director-general decides that restorative justice is not\nsuitable for the offence; or\n(b) the convenor of a restorative justice conference for the offence\ndiscontinues the conference under section 47; or\n(c) a restorative justice conference for the offence is concluded.\nNote Restorative justice means the process of restorative justice provided\nunder this Act, including a restorative justice conference (see s 10).\nRestorative justice, apart from the process provided under this Act that is\nmentioned in the definition, does not necessarily end as provided in the\ndefinition of ends for this section.\n\nSection 69\npage 56 Crimes (Restorative Justice) Act 2004\n","sortOrder":64},{"sectionNumber":"69","sectionType":"section","heading":"Record-keeping by referring entities","content":"69 Record-keeping by referring entities\n(1) If an offence is referred to the director-general for restorative justice,\nthe referring entity must ensure that appropriate records are kept in\nrelation to—\n(a) the circumstances in which the referral was made; and\n(b) the progress of restorative justice for the offence; and\n(c) the outcome of restorative justice for the offence.\n(2) The referring entity must also ensure that a copy of any restorative\njustice agreement for the offence (as amended, if at all, under\nsection 55) is kept as part of the records.\n(3) The records mentioned in subsection (1) must be kept as part of the\nadministrative or court records normally kept by the referring entity\nin relation to the offence.\n","sortOrder":65},{"sectionNumber":"70","sectionType":"section","heading":"Record-keeping by director-general","content":"70 Record-keeping by director-general\n(1) The director-general must keep records of—\n(a) each referral of an offence to the director-general for restorative\njustice; and\n(b) any assessment of suitability for restorative justice under part 7,\nwhether because of a referral of an offence for restorative justice\nor in other circumstances; and\n(c) each offence for which a restorative justice conference is called;\nand\n(d) each restorative justice conference that is conducted; and\n(e) each restorative justice conference that is cancelled or\ndiscontinued; and\n(f) each restorative justice agreement that is reached at a\nconference; and\n\nReporting and records Division 9.2\nSection 71\n(g) the offender’s compliance with each restorative justice\n(2) The records mentioned in subsection (1) (g) must be kept in\nconsultation with the relevant referring entity.\n(3) A record of an offence for which a restorative justice agreement is\nreached must include a copy of the restorative justice agreement (as\namended, if at all, under section 55).\n","sortOrder":66},{"sectionNumber":"71","sectionType":"section","heading":"Restorative justice database","content":"71 Restorative justice database\n(1) The director-general must ensure that a database is kept of\ninformation in the records required to be kept under section 70 to\nenable research, analysis and evaluation of restorative justice.\n(2) The database must be kept as required by regulation.\n(3) A regulation made for this section—\n(a) may allow access to the information in the database by anyone\nfor research, analysis and evaluation of restorative justice; but\n(b) must not allow access to the information in the database in any\nform that would allow the identity of anyone taking part in\nrestorative justice to be worked out.\n\nSection 72\npage 58 Crimes (Restorative Justice) Act 2004\n","sortOrder":67},{"sectionNumber":"72","sectionType":"section","heading":"Exercise of functions by director-general","content":"72 Exercise of functions by director-general\n(1) This section applies if—\n(a) section 23, section 57, section 58 or section 68 requires a\ndirector-general, in the director-general’s capacity as\nresponsible for a particular matter (the first capacity) to give a\nreferral or report to a director-general, in the director-general’s\ncapacity as responsible for another matter (the second capacity);\nand\n(b) a single director-general acts in both the first and second\ncapacities.\n(2) A director-general mentioned in subsection (1) must ensure that\nadministrative arrangements are made for a delegate of the\ndirector-general in the first capacity to give the referral or report to a\ndelegate of the director-general in the second capacity who is a\ndifferent person from the delegate in the first capacity.\nPat has been found guilty of an offence but, without convicting Pat, the court makes\na good behaviour order under the Crimes (Sentencing) Act 2005, section 17 (Non-\nconviction orders—general). The offence is referred for restorative justice by the\nAfter a restorative justice conference, Pat enters into a restorative justice agreement\nwith the victim of the offence. Under the agreement, Pat promises to attend a\nrehabilitation program on a particular night of the week for 3 months. However,\nafter 2 weeks, Pat breaches the agreement by stopping to attend the program.\nThe director-general (restorative justice) becomes aware of the breach of the\nagreement. Under section 57 (2), the director-general (restorative justice) must\nreport the breach to the referring entity, the director-general (corrections).\nHowever, the director-general (restorative justice) is the same person as the\n\nMiscellaneous Part 10\nSection 73\nThis section requires the director-general to ensure that administrative\narrangements are made for the report to be given by a delegate of the\ndirector-general in the director-general’s capacity as administering this Act to\nsomeone else who is a delegate of the director-general in the director-general’s\ncapacity as administering sentence-related orders such as the order for Pat.\n","sortOrder":68},{"sectionNumber":"73","sectionType":"section","heading":"Approved forms","content":"73 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the form must\nbe used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":69},{"sectionNumber":"74","sectionType":"section","heading":"Regulation-making power","content":"74 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) referring entities for table 22, item 6;\n(b) the qualifications and experience of convenors, for\nsection 40 (2) (a);\n(c) the functions of convenors, for section 41 (1) (k);\n(d) the keeping of a database of restorative justice information, for\nsection 71.\n\npage 60 Crimes (Restorative Justice) Act 2004\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACT\n• adult\n• amend\n• chief police officer\n• child\n• Childrens Court\n• director-general (see s 163)\n• director of public prosecutions (or DPP)\n• domestic partner (see s 169 (1))\n• found guilty (of an offence)\n• Legislative Assembly\n• Magistrates Court\n• property\n• quarter\n• sentence administration board\n• Supreme Court\n• the Territory\n• victims of crime commissioner.\nadult offender—see section 12.\nchild offender, in relation to an offence—see section 12.\nchild victim—see section 11.\ncommission, of an offence that is alleged to have been committed—\nsee section 12.\nconvenor means a person appointed as a convenor for part 8\n(Restorative justice conferences and agreements) under section 40.\n\ncourt referral order—see section 27 (2).\ndirector-general (children and young people)—see section 22 (3).\ndirector-general (corrections)—see section 22 (3).\ndirector-general (restorative justice)—see section 22 (3).\nNote If the Act refers simply to the director-general, this is a reference to the\ndirector-general of the administrative unit responsible for the\nadministration of this Act (see Legislation Act, s 163).\neligible offender—see section 19.\neligible parent—see section 18.\neligible victim—see section 17.\nless serious family violence offence—see section 12.\nless serious offence— see section 12.\nless serious sexual offence—see section 12.\nobjects, of this Act—see section 6.\noffence—see section 12.\noffender—see section 12.\nparent—see section 11.\npersonal characteristics, of a victim, or a parent of a child victim, or\noffender—see section 29.\nreferred—see section 10.\nreferring entity—\n(a) see section 22; but\n(b) for part 8 (Restorative justice conferences and agreements)—see\nsection 38; and\n(c) for division 9.2 (Reporting and records)—see section 67.\n\npage 62 Crimes (Restorative Justice) Act 2004\nrequired participant, in a restorative justice conference, for part 8\n(Restorative justice conferences and agreements)—see section 42.\nrestorative justice—see section 10.\nrestorative justice agreement—see section 50.\nrestorative justice conference means a conference called for part 8\n(Restorative justice conferences and agreements).\nrestorative justice guidelines—see section 61.\nsection 24 referral conditions—see section 24.\nsentence-related order, for an offender who is found guilty of an\noffence—see section 13.\nserious family violence offence—see section 12.\nserious offence—see section 12.\nserious sexual offence—see section 12.\nsexual offence—see section 12.\nsubstitute participant, for part 8 (Restorative justice conferences and\nagreements)—see section 43.\nsuitable—section 10.\nsuitable parent—see section 35.\nsuitable victim—see section 34.\nvictim—see section 11.\nyoung offender—see section 12.\n\nAbout the endnotes 1\n","sortOrder":70},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":71},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\npage 64 Crimes (Restorative Justice) Act 2004\nCrimes (Restorative Justice) Act 2004 A2004-65\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nremainder commenced 31 January 2005 (s 2 and CN2004-28)\nas amended by\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.5\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.5 commenced 25 March 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.12\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.12 commenced 22 December 2005 (s 2 (4))\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.8\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.8 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":72},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.10\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.10 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.26\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.26 commenced 12 April 2007 (s 2 (1))\n\nLegislation history 3\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.8, sch 4 pt 4.10\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.8 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.10 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.3\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 29 July 2008 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2008 (No 3) A2008-29 sch 1 pt 1.6\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 27 August 2008 (s 2)\nCourt Legislation Amendment Act 2008 A2008-42 pt 2\nnotified LR 8 September 2008\ns 1, s 2 commenced 8 September 2008 (LA s 75 (1))\npt 2 commenced 8 March 2009 (s 2 and LA s 79)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.5\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.5 commenced 30 March 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.16\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.16 commenced 17 December 2009 (s 2)\n\npage 66 Crimes (Restorative Justice) Act 2004\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.43\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.43 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.10\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.10 commenced 5 June 2012 (s 2 (1))\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.6\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.6 commenced 10 June 2014 (s 2 (1))\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 pt 4, sch 1 pt 1.8\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 4 commenced 25 February 2016 (s 2 (2))\nsch 1 pt 1.8 commenced 2 March 2016 (s 2 (1))\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.6 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.6 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.17\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.17 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.7 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.7 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\n\nLegislation history 3\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nJustice and Community Safety Legislation Amendment Act 2018\nA2018-12 pt 4\nnotified LR 18 April 2018\ns 1, s 2 commenced 18 April 2018 (LA s 75 (1))\npt 4 commenced 25 April 2018 (s 2)\nCrimes (Restorative Justice) Amendment Act 2018 A2018-34\nnotified LR 26 September 2018\ns 1, s 2 commenced 26 September 2018 (LA s 75 (1))\nremainder commenced 1 October 2018 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.6\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.6 commenced 23 June 2021 (s 2 (1))\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 4\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 4 commenced 27 March 2024 (s 2 (2) (a))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.47\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.47 commenced 6 December 2025 (s 2 (5))\n\npage 68 Crimes (Restorative Justice) Act 2004\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 6 am A2023-45 s 62, s 63\nApplication of restorative justice\ns 7 am A2023-45 s 64\nWhen restorative justice is available\ns 8 am A2011-22 amdt 1.135\nDefinitions—restorative justice\ns 10 def suitable am A2011-22 amdt 1.135\nDefinitions—child victim, parent and victim\ns 11 def parent am A2008-20 amdt 3.17\ndef victim am A2023-45 s 65\nDefinitions—offences and offenders\ns 12 am A2023-45 s 68\ndef child offender ins A2023-45 s 66\ndef commission am A2009-49 amdt 3.35\ndef domestic violence offence am A2005-13 amdt 1.28;\nA2008-46 amdt 3.14\nsub A2016-4 s 89\nom A2016-42 amdt 3.31\ndef family violence offence ins A2016-42 amdt 3.32\ndef less serious domestic violence offence ins A2016-4\ns 90\nom A2016-42 amdt 3.33\ndef less serious family violence offence ins A2016-42\namdt 3.34\ndef less serious sexual offence ins A2016-4 s 90\ndef relevant person ins A2016-4 s 90\ndef relevant relationship ins A2016-4 s 90\ndef serious domestic violence offence ins A2016-4 s 90\ndef serious family violence offence ins A2016-42 amdt 3.36\ndef serious sexual offence ins A2016-4 s 90\ndef sexual offence ins A2016-4 s 90\ndef young offender sub A2023-45 s 67\nDefinition—sentence-related order\ns 13 sub A2006-23 amdt 1.100; A2008-20 amdt 4.30; A2016-4\namdt 1.16\n\nApplication of Act—less serious offences\ns 14 sub A2016-4 s 91\nam A2016-42 amdt 3.37; A2023-45 s 69\nApplication of Act—serious offences\ns 15 am A2014-18 amdt 3.20\nsub A2016-4 s 91\nsub A2023-45 s 70\nApplication of Act—family violence offences and sexual offences\ns 16 hdg am A2016-42 amdt 3.37\ns 16 am A2011-22 amdt 1.135\nsub A2016-4 s 91\n(5)-(8) exp 1 November 2018 (s 16 (8) and NI2018-601)\nsub A2023-45 s 70\nEligible victims\ns 17 am A2018-34 s 4\nEligible parents\ns 18 am A2018-34 s 5\nEligible offenders\ns 19 am A2018-34 s 6; A2023-45 s 71\nAccepting or not denying responsibility for offences\ns 20 am A2006-23 amdt 1.101\nsub A2018-34 s 7\nam A2023-45 ss 72-75\nDefinitions—referral\ns 21 def chief executive (children and young people) om\nA2011-22 amdt 1.127\ndef chief executive (corrections) om A2011-22 amdt 1.127\ndef chief executive (restorative justice) om A2011-22\namdt 1.127\ndef court referral order am A2014-18 amdt 3.21\ndef director-general (children and young people) ins\nA2011-22 amdt 1.128\ndef director-general (corrections) ins A2011-22 amdt 1.128\ndef director-general (restorative justice) ins A2011-22\namdt 1.128\ndef section 24 referral conditions am A2014-18 amdt 3.22\n\npage 70 Crimes (Restorative Justice) Act 2004\nReferring entities\ns 22 am A2005-60 amdt 1.53; A2008-22 amdt 1.17; A2008-20\namdt 4.31, amdt 4.32; A2008-42 s 4; A2011-22 amdt 1.129,\namdt 1.135; A2014-18 amdt 3.23; A2016-4 ss 92-94;\nA2016-52 amdt 1.57; A2018-34 s 8; A2021-12 amdt 3.11;\nA2023-45 ss 76-79; ss renum R27 LA\nReferral—procedure\ns 23 am A2011-22 amdt 1.135; A2025-29 amdt 4.47\nReferral power\ns 24 am A2008-29 amdt 1.14; A2016-4 s 95; A2016-42 amdt 3.37;\nA2018-34 s 9, s 10\nExplanation of restorative justice\ns 25 am A2008-29 amdt 1.15, amdt 1.16; A2009-49 amdt 3.36;\nA2018-34 s 11, s 12\nReferral by DPP—less serious family violence offences and less serious\nsexual offences\ns 26 hdg sub A2016-4 s 96\ns 26 am A2016-4 ss 97-100; A2016-42 amdt 3.37\n(3)-(8) exp 1 November 2018 (s 26 (6) and NI2018-601)\nReferral during court proceeding—before offender enters plea\ns 27 hdg sub A2018-34 s 13\ns 27 am A2008-29 amdt 1.17; A2011-22 amdt 1.135; A2016-4\nss 101-104; A2016-42 amdt 3.37; A2018-34 s 14; ss renum\nR24 LA\n(6)-(11) exp 1 November 2018 (s 27 (9) and NI2018-601)\nCourt referral orders—reports\ns 28 am A2008-29 amdt 1.18; A2011-22 amdt 1.135; A2018-34\ns 15, s 16\nReferrals not requiring offender notification\ndiv 6.4 hdg ins A2018-34 s 17\nReferrals not requiring offender notification—post-sentence stage\ns 28A ins A2018-34 s 17\nMeaning of personal characteristics\ns 29 sub A2018-34 s 18\nSuitability—eligibility requirement\ns 30 am A2011-22 amdt 1.135\nFinding of eligibility by referring entity\ns 31 am A2011-22 amdt 1.135; A2018-34 s 19, s 20\n\nSuitability—decision\ns 32 am A2008-29 amdt 1.19; A2011-22 amdt 1.135; A2018-34\ns 21; A2025-29 amdt 4.47\nExplanation of restorative justice––before consent\ns 32A ins A2008-29 amdt 1.20\nam A2011-22 amdt 1.135; A2018-34 s 22, s 23\nSuitability—general considerations\ns 33 am A2011-22 amdt 1.135; A2016-4 ss 105-107; A2016-42\namdt 3.37\n(3)-(8) exp 1 November 2018 (s 33 (6) and NI2018-601)\nam A2023-45 s 80\nSuitability—victims\ns 34 am A2011-22 amdt 1.135\nSuitability—eligible parents\ns 35 am A2011-22 amdt 1.135\nSuitability—offenders\ns 36 am A2011-22 amdt 1.135\nDefinitions—pt 8\ns 37 def referring entity ins A2008-22 amdt 1.18\nMeaning of referring entity—pt 8\ns 38 am A2011-22 amdt 1.135\nDecision to call conference\ns 39 am A2008-22 amdt 1.19; A2011-22 amdt 1.135\nAppointment of convenors\ns 40 am A2008-22 amdt 1.20, amdt 1.21; A2008-29 amdt 1.21;\nA2011-22 amdt 1.135\nInvited participants\ns 44 am A2006-22 amdt 1.28, amdt 1.29 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2007-3 amdt 3.135\nExplanation for participants\ns 45 am A2018-34 s 24, s 25\nForm of agreement\ns 52 am A2018-34 s 26\nExplanation of effect of agreement\ns 53 am A2018-34 s 27, s 28\nAmendment of agreement\ns 55 am A2006-23 amdt 1.102\n\npage 72 Crimes (Restorative Justice) Act 2004\nMonitoring compliance—director-general (restorative justice)\ns 57 hdg am A2011-22 amdt 1.135\ns 57 am A2011-22 amdt 1.135\nMonitoring compliance—referring entities\ns 58 am A2011-22 amdt 1.135\nRestorative justice guidelines\ns 61 am A2011-22 amdt 1.135; A2025-29 amdt 4.47\nPolice participation in restorative justice\ns 62 am A2011-22 amdt 1.135\nInformation sharing\ns 63 am A2011-22 amdt 1.135\nSecrecy\ns 64 am A2011-22 amdt 1.135; A2016-55 amdt 4.9; A2018-34 s 29\nMeaning of referring entity—div 9.2\ns 67 am A2011-22 amdt 1.135\nQuarterly reporting by director-general\ns 68 hdg am A2011-22 amdt 1.135\ns 68 am A2011-22 amdt 1.135; A2018-12 s 6\nRecord-keeping by referring entities\ns 69 am A2011-22 amdt 1.135\nRecord-keeping by director-general\ns 70 hdg am A2011-22 amdt 1.135\ns 70 am A2011-22 amdt 1.135\nRestorative justice database\ns 71 am A2011-22 amdt 1.135\nExercise of functions by director-general\ns 72 hdg am A2011-22 amdt 1.135\ns 72 am A2006-23 amdt 1.103; A2011-22 amdt 1.130, amdt 1.135\nApproved forms\ns 73 am A2012-21 amdt 3.35; A2025-29 amdt 4.47\nRegulation-making power\ns 74 am A2012-21 amdt 3.36; A2025-29 amdt 4.47\nMinisterial reviews\ns 75 exp 1 July 2008 (s 75 (4) (LA s 88 declaration applies))\nAdministrative Decisions (Judicial Review) Act 1989, schedule 1, new\nclause 9\ns 76 om LA s 89 (3)\n\nCrimes Act 1900, section 342 (1) (u)\ns 77 om LA s 89 (3)\nCrimes Act 1900, section 344 (1) (f)\ns 78 om LA s 89 (3)\nCrimes Act 1900, section 364 (1) (k)\ns 79 om LA s 89 (3)\ndict am A2011-22 amdt 1.131, amdt 1.132; A2014-18 amdt 3.24;\nA2021-12 amdt 3.12\ndef chief executive (children and young people) om\nA2011-22 amdt 1.133\ndef chief executive (corrections) om A2011-22 amdt 1.133\ndef chief executive (restorative justice) om A2011-22\namdt 1.133\ndef child offender ins A2023-45 s 81\ndef court referral order am A2014-18 amdt 3.25\ndef director-general (children and young people) ins\nA2011-22 amdt 1.134\ndef director-general (corrections) ins A2011-22 amdt 1.134\ndef director-general (restorative justice) ins A2011-22\namdt 1.134\ndef domestic violence offence om A2016-4 s 108\ndef less serious domestic violence offence ins A2016-4\ns 109\nom A2016-42 amdt 3.38\ndef less serious family violence offence ins A2016-42\namdt 3.39\ndef less serious sexual offence ins A2016-4 s 109\ndef personal characteristics sub A2018-34 s 30\ndef relevant person ins A2016-4 s 109\ndef relevant relationship ins A2016-4 s 109\ndef restorative justice agreement am A2014-18 amdt 3.26\ndef section 24 referral conditions am A2014-18 amdt 3.27\ndef serious domestic violence offence ins A2016-4 s 109\ndef serious family violence offence ins A2016-42 amdt 3.41\ndef serious sexual offence ins A2016-4 s 109\ndef sexual offence ins A2016-4 s 109\n\npage 74 Crimes (Restorative Justice) Act 2004\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n31 Jan 2005\n31 Jan 2005–\n24 Mar 2005\nnot amended new Act\n25 Mar 2005\n25 Mar 2005–\n21 Dec 2005\nA2005-13 amendments by\nA2005-13\n22 Dec 2005\n22 Dec 2005–\nA2005-60 amendments by\nA2005-60\n2 June 2006–\n11 Apr 2007\nA2006-23 amendments by\nA2006-23\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n2 July 2008–\nA2007-3 commenced expiry\n29 July 2008–\n26 Aug 2008\nA2008-22 amendments by\nA2008-22\n27 Aug 2008\n27 Aug 2008–\n26 Oct 2008\nA2008-29 amendments by\nA2008-29\n27 Oct 2008\n27 Oct 2008–\n26 Feb 2009\nA2008-20\n27 Feb 2009\n27 Feb 2009–\n7 Mar 2009\nA2008-20\n8 Mar 2009\n8 Mar 2009–\n29 Mar 2009\nA2008-42\n30 Mar 2009\n30 Mar 2009–\n16 Dec 2009\nA2008-46\n\nEarlier republications 5\nfor\nR13*\n17 Dec 2009\n17 Dec 2009–\nA2009-49 amendments by\nA2009-49\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n10 June 2014–\n24 Feb 2016\nA2014-18 amendments by\nA2014-18\n25 Feb 2016\n25 Feb 2016–\n1 Mar 2016\nA2016-4 amendments by\nA2016-4\n2 Mar 2016\n2 Mar 2016–\n31 Aug 2016\nA2016-4 amendments by\nA2016-4\n1 Sept 2016\n1 Sept 2016–\n30 Apr 2017\nA2016-52 amendments by\nA2016-52\n1 May 2017–\nA2017-10 amendments by\nA2016-42 as\namended by\nA2017-10\n24 May 2017–\n31 Dec 2017\nA2017-14 updated endnotes\nas amended by\nA2017-14\n1 Jan 2018\n1 Jan 2018–\n24 Apr 2018\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\n25 Apr 2018\n25 Apr 2018–\n30 Sept 2018\nA2018-12 amendments by\nA2018-12\n1 Oct 2018\n1 Oct 2018–\n1 Nov 2018\nA2018-34 amendments by\nA2018-34\n\npage 76 Crimes (Restorative Justice) Act 2004\nfor\n2 Nov 2018\n2 Nov 2018–\nA2018-34 expiry of\ntransitional\nprovisions\n(s 16 (5)-(8),\ns 26 (3)-(8),\ns 27 (6)-(11),\ns 33 (3)-(8)\n23 June 2021–\n26 Mar 2024\nA2021-12 amendments by\nA2021-12\n27 Mar 2024\n27 Mar 2024–\n5 Dec 2025\nA2023-45 amendments by\nA2023-45\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":73}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":715},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 scope. Major expansions include: (1) 2016 amendments adding family violence and sexual offences with special eligibility rules; (2) 2018 amendments creating post-sentence referrals without offender notification; (3) 2023 amendments adjusting age thresholds and child offender provisions. The Act now covers offences committed before its commencement, includes complex carve-outs for sensitive offence categories, and operates across the entire criminal justice continuum from pre-charge to post-sentence."},"complexity_factors":["Multiple defined terms with cross-references (e.g., 'eligible offender', 'suitable victim', 'referring entity' each defined in separate sections)","Layered eligibility criteria varying by offence type (less serious vs serious vs family violence/sexual offences) and offender age (child, young, adult)","Conditional referral pathways with different rules depending on which agency refers and at what stage (police, DPP, courts, corrections)","Nested exceptions for family violence and sexual offences requiring guilty pleas or 'exceptional circumstances'","Multiple 'director-general' roles with capacity-based distinctions (restorative justice, corrections, children and young people) requiring administrative separation","Evidence exclusion rules with exceptions (s 59-60) creating conditional admissibility","Post-sentence referral mechanism (s 28A) allowing victim-initiated process without offender notification in limited circumstances","Extensive procedural safeguards requiring repeated explanations at multiple stages (referral, consent, pre-conference, pre-agreement)"],"plain_english_summary":"This Act establishes a restorative justice pathway where victims, offenders and supporters meet in a structured conference to repair harm, producing a time‑limited agreement (apology, work, counselling, repayment). It applies to child, youth and adult offenders and can be used before, during or after court with referrals by police, prosecutors, courts or corrections. Participation is voluntary, conference communications are generally inadmissible, and courts can’t punish refusal; family‑violence and sexual offences face stricter rules."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been adjusted by successive amendments. Key changes in the republished text include tightened definitions and age-related rules (s 12; A2023-45 amendments), explicit treatment of family violence and sexual offences with staged access and exceptional‑circumstances requirements (s 16; A2016-42/A2018-34 amendments), the addition of post-sentence referrals where offender notification is not required (s 28A; A2018-34), enhanced pre‑consent explanation duties (s 32A; A2008-29/A2018-34), and expanded administrative reporting/database and guideline powers (ss 61, 68, 71; A2011-22/A2018-12). These amendments change who may be included, when restorative justice may be used, and the administrative controls and information flows compared with the Act as originally enacted."},"complexity_factors":["Multiple referral pathways and timing rules across agencies and courts (table 22; ss 22–28A) increase procedural complexity.","Layered eligibility and suitability tests for victims, parents and offenders requiring different criteria by age and offence type (pts 5 and 7; ss 17–19, 30–36).","Broad administrative discretion vested in the director-general to decide suitability and obtain consent (ss 32, 32A), creating numerous judgment points.","Detailed convenor powers and duties plus qualification requirements for convenors (ss 40–41) govern how conferences are run.","Complex confidentiality regime with criminal penalties and cross‑Act secrecy interactions (ss 63–65), limiting information flows and court disclosure.","Nuanced evidence rules: general exclusion for statements about past less serious offences but admissibility for future offences, and sentencing exceptions (ss 59–60, s 53).","Monitoring, amendment and short-term limits on agreements (6-month default term) plus reporting and database obligations (ss 51–55, 56–58, 68–71).","Dependence on disallowable guidelines and regulations (ss 61, 74) that can prescribe procedures and convenor qualifications, adding delegated-law complexity.","Extensive amendment history altering definition and application (see endnotes and amendment history), so provisions must be read in statutory and historical context."],"plain_english_summary":"Establishes a formal restorative justice process in the ACT that lets victims, offenders and their supporters meet, under an appointed convenor, to negotiate written agreements to repair harm. It sets who is eligible, who may refer cases (police, courts, DPP, corrections and others), gives the director-general discretion to assess suitability, and prescribes confidentiality, evidence and reporting rules. It affects victims, offenders, parents and justice agencies because it operates alongside, and can interact with, prosecution and sentencing processes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-restorative-justice-act-2004","history":"/api/acts/crimes-restorative-justice-act-2004/history","analysis":"/api/acts/crimes-restorative-justice-act-2004/analysis","conflicts":"/api/acts/crimes-restorative-justice-act-2004/conflicts","importantCases":"/api/acts/crimes-restorative-justice-act-2004/important-cases","documents":"/api/acts/crimes-restorative-justice-act-2004/documents"}}