Crimes (Restorative Justice) Act 2004

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Underlying principles Part 2 Section 6

6 Objects of Act The objects of this Act are as follows: (a) to enhance the rights of victims of offences by providing restorative justice as a way of empowering victims to make decisions about how to repair the harm done by offences; (b) to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment; (c) to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act; (d) to enable access to restorative justice at every stage of the criminal justice process without substituting for the criminal justice system or changing the normal process of criminal justice; (e) to enable access to restorative justice in relation to offenders and offences not dealt with by the criminal justice process; (f) to enable referral of offences for restorative justice by— (i) agencies that have a role in the criminal justice system; and (ii) entities that have a role in dealing with offenders, and harm caused by offences, not dealt with by the criminal justice process. Note 1 Offence includes an offence that is alleged to have been committed, but has not yet been tried in court, or proven (see s 12). Note 2 Offender includes a person who carries out an offence but cannot be held criminally responsible because of their age (see s 12).

Section 7 page 4 Crimes (Restorative Justice) Act 2004

7 Application of restorative justice (1) In deciding how to deal with an offence, a referring entity may consider whether it is appropriate to refer the offence for restorative justice before considering other action. Note Referring entities are listed in table 22 and include agencies responsible for the various stages of the criminal justice process in relation to an offence, an entity responsible for dealing with offenders not dealt with by the criminal justice process and any entities prescribed by regulation. (2) However, if an offence is referred for restorative justice, the referral is to have no effect on any other action or proposed action in relation to the offence or the offender by the referring entity. Sían is arrested and charged with an offence. The chief police officer refers the offence for restorative justice. The referral of the offence does not prevent Sían being required to attend court to answer the charge.

8 When restorative justice is available Restorative justice is available for an offence if all of the following requirements are satisfied: (a) there is an eligible victim or eligible parent in relation to the offence; (b) the offender is an eligible offender; (c) the offence is referred for restorative justice by a referring entity;

Underlying principles Part 2 Section 9 (d) the director-general decides that restorative justice is suitable for the offence. Note 1 Victims, parents and offenders are eligible for restorative justice if they qualify under part 5. Note 2 The director-general may only decide that restorative justice is suitable for an offence according to the requirements of pt 7 (see s 10, def). Note 3 The restorative justice process is provided for by this Act as follows: • pt 5 (Eligibility for restorative justice) deals with eligibility of victims (or their parents) and offenders for restorative justice • pt 6 (Referral for restorative justice) deals with the referral of offences for restorative justice • pt 7 (Suitability for restorative justice) deals with the suitability of restorative justice for an offence. • pt 8 (Restorative justice conferences and agreements) deals with the calling of restorative justice conferences and the making of restorative justice agreements for an offence

9 No obligation to participate There is no obligation on a victim, a parent of a child victim or an (a) to take part in restorative justice; or (b) to continue to take part in restorative justice after it has started. Note Victims (or their parents) and offenders must be given clear explanations of the purpose and procedures involved in the restorative justice process before agreeing to take part. In addition, the legal status of the process and the legal effect of entering into a restorative justice agreement must be clearly explained to victims (or their parents) and offenders. See the following: • s 25 (Explanation of restorative justice) • s 45 (Explanation for participants) • s 53 (Explanation of effect of agreement).

Section 10 page 6 Crimes (Restorative Justice) Act 2004

10 Definitions—restorative justice eligible offender—see section 19. eligible parent—see section 18. eligible victim— see section 17. referred, for restorative justice—an offence is referred for restorative justice if a referring entity proposes that consideration be given to whether restorative justice is suitable for the offence. referring entity— (a) see section 22; but (b) for part 8 (Restorative justice conferences and agreements)—see section 38; and (c) for division 9.2 (Reporting and records)—see section 67. restorative justice means the process of restorative justice provided under this Act, including a restorative justice conference under this Act. suitable—restorative justice is suitable for an offence, or an eligible victim, parent or offender in relation to an offence, if the director-general decides under part 7 that restorative justice is suitable for the offence, victim, parent or offender.

Key concepts Part 3 Section 11

11 Definitions—child victim, parent and victim child victim, of an offence, means a victim of an offence who is a child. Note A child is an individual under 18 years old (see Legislation Act, dict, pt 1, def child). parent, of a child, means a person with parental responsibility for the child within the meaning of the Children and Young People Act 2008, division 1.3.2 (Parental responsibility). victim— (a) has the meaning given by the Victims of Crime Act 1994, section 6; and (b) includes a person who would be a victim if a reference in that Act to an offence included a reference to an offence that is alleged to have been committed.

12 Definitions—offences and offenders (1) In this Act: adult offender, in relation to an offence, means an offender who was an adult when the offence was committed. Note An adult is an individual who is at least 18 years old (see Legislation Act, dict, pt 1, def adult). child offender, in relation to an offence, means an offender who was at least 10 years old but under the age of criminal responsibility for the offence when the offence was committed or allegedly committed. commission, of an offence that is alleged to have been committed, includes the alleged commission of the offence. Note Offence is defined to include an offence that is alleged to have been committed. Offender is defined in similar terms. See definitions of offence and offender in this section.

Section 12 page 8 Crimes (Restorative Justice) Act 2004 family violence offence—see the Family Violence Act 2016, dictionary. less serious family violence offence means— (a) an offence if the conduct making up the offence is family violence under the Family Violence Act 2016 that is punishable by a term of imprisonment of— (i) if the offence relates to money or other property—14 years or less; or (ii) in any other case—10 years or less; and (b) a contravention of a protection order under the Family Violence Act 2016, section 43. less serious offence means an offence other than a serious offence. less serious sexual offence means an offence under the Crimes Act 1900, part 3 that is punishable by a term of imprisonment of 10 years or less. offence— (a) means an offence against a territory law; and (b) includes an offence against a territory law that is alleged to have been committed by a person, unless— (i) a court has acquitted the person of the offence; or (ii) a court has dismissed a proceeding against the person for the offence without finding the person guilty. (a) means a person who has been convicted or found guilty of an offence against a territory law; and

Key concepts Part 3 Section 12 (b) includes a person who is alleged to have committed an offence against a territory law, unless— (i) a court has acquitted the person of the offence; or (ii) a court has dismissed a proceeding against the person for the offence without finding the person guilty. serious family violence offence means an offence if the conduct making up the offence is family violence under the Family Violence Act 2016 that is punishable by a term of imprisonment of— (a) if the offence relates to money or other property—more than 14 years; or; (b) in any other case—more than 10 years. serious offence means an offence punishable by imprisonment for a term longer than— (a) if the offence relates to money or other property—14 years; or (b) in any other case—10 years. serious sexual offence means an offence under the Crimes Act 1900, part 3 that is punishable by a term of imprisonment of more than 10 years. sexual offence means a less serious sexual offence or a serious sexual young offender, in relation to an offence, means an offender who was under 18 years old but not under the age of criminal responsibility for the offence when the offence was committed or allegedly committed. (2) In this section: under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the

Section 13 page 10 Crimes (Restorative Justice) Act 2004

13 Definition—sentence-related order sentence-related order, for an offender who is found guilty of an offence, means any of the following orders of the court: (a) an order sentencing the offender; (b) an order under the Crimes (Sentencing) Act 2005, section 12 (Suspended sentences) or section 17 (Non-conviction orders— general). Examples—par (a) 1 an order for a sentence of imprisonment 2 an order for intensive correction under the Crimes (Sentencing) Act 2005 3 a good behaviour order under the Crimes (Sentencing) Act 2005, including an order subject to a community service condition Note Orders under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) and s 403 (Conditional release of offenders) (repealed) are taken to be orders under the Crimes (Sentencing) Act 2005, s 12 or s 17 (see Crimes (Sentence Administration) Act 2005, s 336 to s 338).

Application of Act Part 4 Section 14

14 Application of Act—less serious offences (1) This Act applies to a less serious offence committed by a child offender, young offender or an adult offender. (2) This Act applies to a less serious offence committed by a child offender, young offender or an adult offender even if the offence was committed before the day this section commenced. (3) This section does not apply to a family violence offence or a sexual Note For the application of this Act to family violence offences and sexual offences, see s 16.

15 Application of Act—serious offences (1) This Act applies to a serious offence committed by a child offender. (2) This Act applies to a serious offence committed by a young offender or adult offender, if the offender— (a) is charged with the offence; and (b) either— (i) pleads guilty to the offence; or (ii) is found guilty of the offence (whether or not the offender is convicted or sentenced for the offence). (3) This Act applies to a serious offence committed by a child offender, young offender or adult offender, even if the offence was committed before the day this section commenced. (4) This section does not apply to a family violence offence or a sexual Note For the application of this Act to family violence offences and sexual offences, see s 16.

Section 16 page 12 Crimes (Restorative Justice) Act 2004

16 Application of Act—family violence offences and sexual offences (1) This Act applies to a less serious family violence offence or a less serious sexual offence committed by a child offender, young offender or adult offender. (2) For a young offender or adult offender, subsection (1) applies whether or not the young offender or adult offender is charged with the Note 1 An offence may have been committed if it is alleged that the offence was committed (see s 12, def commission). Note 2 For the director-general to decide that a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender is suitable for restorative justice under pt 7 before the offender pleads guilty to the offence or is found guilty of the offence, the director-general must be satisfied that exceptional circumstances exist for the calling of a restorative justice conference (see s 33 (2)). (3) This Act applies to a serious family violence offence or a serious sexual offence committed by a child offender. (4) This Act applies to a serious family violence offence or a serious sexual offence committed by a young offender or adult offender if— (a) the offender is charged with the offence; and (b) either— (i) the offender pleads guilty to the offence; or (ii) the offender is found guilty of the offence (whether or not the offender is convicted or sentenced for the offence). (5) This Act applies to a family violence offence or a sexual offence committed by a child offender, young offender or adult offender even if the offence was committed before the day this section commenced.

Eligibility for restorative justice Part 5 Section 17

17 Eligible victims (1) A victim of an offence is eligible for restorative justice in relation to the offence if— (a) this Act applies to the offence and the offender under part 4; and (b) the victim is at least 10 years old. (2) If a victim of an offence is younger than 10 years old, an immediate family member of the victim is eligible for restorative justice in relation to the offence if— (a) this Act applies to the offence and the offender under part 4; and (b) the immediate family member is at least 10 years old. Note Alternatively, a parent of a child victim of an offence may take part in restorative justice as an invited participant (see s 44). (3) For this Act, a victim of an offence, or an immediate family member of a victim of an offence, is an eligible victim in relation to the offence if the victim or immediate family member is eligible for restorative justice under this section. immediate family member, in relation to a victim of an offence, means a person who was, at the time the offence was committed— (a) a parent of the victim; or (b) a sibling of the victim. Examples of siblings 1 brother or sister 2 half-brother or half-sister 3 step-brother or step-sister 4 someone who has the same guardian or foster parent as the victim

Section 18 page 14 Crimes (Restorative Justice) Act 2004

18 Eligible parents (1) A parent of a child victim of an offence (no matter how old the child victim is) is eligible for restorative justice in relation to the offence if— (a) this Act applies to the offence and the offender under part 4; and (b) the child victim is incapable of adequately understanding or responding to the experience of the offence, or has died. (2) For this Act, a parent of a child victim of an offence is an eligible parent in relation to the offence if the parent is eligible for restorative justice under this section.

19 Eligible offenders (1) An offender who commits an offence is eligible for restorative justice if— (a) this Act applies to the offence and the offender under part 4; and (b) any of the following apply to the offender: (i) the offender accepts responsibility for the commission of the offence; (ii) if the offender is a young offender and the offence is a less serious offence—the offender does not deny responsibility for the commission of the offence; (iii) if the offender is a child offender—the offender does not deny responsibility for the commission of the offence; and (c) the offender agrees to take part in restorative justice. (2) For this Act an offender is an eligible offender in relation to the offence if the offender is eligible for restorative justice under this section.

Eligibility for restorative justice Part 5 Section 20

20 Accepting or not denying responsibility for offences (1) This Act does not prevent an offender from pleading not guilty to an offence only because section 19 (1) (b) applies to the offender. (2) A court is not required to reduce the severity of any sentence it may impose on an offender because the court is aware section 19 (1) (b) applies to the offender. Note 1 To be eligible to take part in restorative justice, an offender must accept responsibility for the commission of the offence or, if the offender is a young offender and the offence is a less serious offence or the offender is a child offender, must not deny responsibility for the commission of the offence (see s 19). Note 2 The Crimes (Sentencing) Act 2005, s 33 (1) (y) provides that, in deciding how an offender should be sentenced (if at all) for an offence, the matters known to the court that it must consider include whether this Act, s 19 (1) (b) applies to the offender. However, the Crimes (Sentencing) Act 2005, s 34 (1) (h) provides that a court must not increase the severity of the sentence that it would otherwise impose on a person for an offence because the offender has chosen not to take part, or to continue to take part, in restorative justice for the offence.

Section 21 page 16 Crimes (Restorative Justice) Act 2004

21 Definitions—referral director-general (children and young people)—see section 22 (3). director-general (corrections)—see section 22 (3). director-general (restorative justice)—see section 22 (3). court referral order—see section 27 (2). Note Referred is defined in s 10. referring entity—see section 22. section 24 referral conditions—see section 24.

22 Referring entities (1) An entity mentioned in table 22, column 2 (a referring entity) may refer an offence for restorative justice at the stage described for the entity in column 3 in relation to the offence. (2) However, for an offence involving a child offender, the referring entity may refer the offence for restorative justice at any time. (3) In table 22: director-general (children and young people) means the director-general of the administrative unit responsible for the administration of the Children and Young People Act 2008, acting in that capacity.

director-general (corrections), in relation to an offender for whom a sentence-related order is made, means the director-general of the administrative unit responsible for the administration of the order, acting in that capacity. director-general (restorative justice) means the director-general of the administrative unit responsible for the administration of this Act, acting in that capacity. Example (definitions of all directors-general) For this example, the administrative unit responsible for the administration of sentence-related orders (for both young and adult offenders) is also the administrative unit responsible for the administration of this Act and the Children and Young People Act 2008. The administrative unit has a single director-general. That director-general, in different capacities corresponding to those different responsibilities, may be differently described as follows: • The director-general is the director-general (children and young people) while exercising a function in relation to an offence allegedly committed by a child who is the subject of a care and protection order under the Children and Young People Act 2008. • The director-general is the director-general (corrections) while exercising a function in relation to a young or adult offender who is the subject of a sentence-related order. • The director-general is the director-general (restorative justice) while exercising a function relating to the administration of this Act. Note 1 If this Act refers simply to the director-general (without a tag) this is a reference to the director-general of the administrative unit responsible for the administration of this Act (see Legislation Act, s 163). Note 2 A director-general may delegate any powers given to the director-general under this Act under the Public Sector Management Act 1994, s 20. prosecution referral, for an offender, means referral of the offender for prosecution by any of the following: (a) a voluntary agreement to attend court; (b) a court attendance notice under the Magistrates Court Act 1930. (c) a summons;

page 18 Crimes (Restorative Justice) Act 2004 (d) the arrest and charging of the offender. therapeutic support panel—see the Children and Young People Act 2008, dictionary. Table 22 Referring entities column 1 item column 2 referring entity column 3 stage when referral may be made 1 chief police officer (restorative justice) (children and young people) police officer victims of crime commissioner (a) after the offender is cautioned or apprehended; and (b) before a prosecution referral is made for the offender 2 director of public prosecutions (a) after a prosecution referral is made for the offender; and (b) before a second mention hearing for the offence by a court has begun

3 Magistrates Court (including the Childrens Court) Supreme Court unless, or until, the offender pleads guilty to the offence— (a) after a second mention hearing for the offence has begun; and (b) before the end of a pre-hearing mention or case status inquiry for the offence

column 1 item column 2 referring entity column 3 stage when referral may be made

4 Magistrates Court (including the Childrens Court) Supreme Court if the offender pleads guilty to, or is found guilty of, the offence— (a) after the offender pleads guilty to, or is found guilty of, the offence (whether or not the offender has been convicted or sentenced); and (b) before the end of the proceeding 5 director-general (children and young people) (corrections) (restorative justice) sentence administration board victims of crime commissioner (a) after a court has made a sentence- related order in relation to the (b) before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later) 6 therapeutic support panel at any time after a child offender has been referred to the panel 7 referring entity prescribed by regulation stage prescribed by regulation

Section 23 page 20 Crimes (Restorative Justice) Act 2004

23 Referral—procedure (1) The referring entity must give a referral to the director-general (restorative justice). Note Section 72 deals with what happens if the referring entity is the same referral is made by the director-general as director-general (corrections) or director-general (children and young people). appropriate administrative arrangements are made for the referral to be given by a delegate of the director-general as director-general (corrections) or director-general (children and young people) to a delegate of the director-general as director-general (restorative justice). (2) The referral— (a) must be in writing, stating the grounds for referral; and (b) if the referring entity is a court—may be in the form of a court referral order or sentence-related order, or as a condition of a bail order. (3) This section does not apply if the referring entity is the Note The referring entity may be the director-general (restorative justice)

24 Referral power (1) A referring entity may refer an offence for restorative justice if the entity is satisfied that all the following conditions (the section 24 referral conditions) apply: (a) the offender is an eligible offender; (b) there is an eligible victim or parent in relation to the offence;

Section 25 (c) an explanation has been given under section 25 to the eligible offender, before the offender agrees to take part in restorative Note The conditions under which a victim, parent or offender may be eligible are set out in s 17, s 18 and s 19. (2) The restorative justice guidelines may prescribe procedures for making decisions about referrals under subsection (1). (3) This section is subject to the following sections: (a) section 26 (Referral by DPP—less serious family violence offences and less serious sexual offences); (b) section 27 (Referral during court proceeding—before offender enters plea). (4) This section does not apply to a referral under section 28A (Referrals not requiring offender notification—post-sentence stage).

25 Explanation of restorative justice Before an offence is referred for restorative justice, the referring entity must ensure that reasonable steps are taken to explain to the eligible offender (in language that the offender can readily understand)–– (a) the purpose of restorative justice generally and for the particular (c) that the offender may seek independent legal advice about taking part in restorative justice; and

Section 26 page 22 Crimes (Restorative Justice) Act 2004 (d) that no-one is under an obligation to take part, or continue to take part, in restorative justice after it has started; and

26 Referral by DPP—less serious family violence offences and less serious sexual offences (1) This section applies if the director of public prosecutions is the referring entity for a less serious family violence offence or a less serious sexual offence allegedly committed by a young offender or an adult offender. (2) The director of public prosecutions may refer the offence for restorative justice if— (a) the section 24 referral conditions apply; and (b) the director has consulted each person who could be an eligible victim or parent for the offence.

Referral by courts Division 6.3 Section 27

27 Referral during court proceeding—before offender enters plea (1) This section applies if— (a) a court is the referring entity for an offence under table 22, item 3; and (b) the prosecution and any lawyer representing the offender agree that the offence should be referred for restorative justice; and (c) either— (i) the court is satisfied that the section 24 referral conditions apply; or (ii) the court considers that it is appropriate to refer the offence for restorative justice, and the court has ensured that an explanation has been given under section 25 (Explanation of restorative justice) to the offender. (2) The court may by order (a court referral order) adjourn the proceeding for a stated period, and refer the offence for restorative justice, on the application of— (a) the director of public prosecutions; or (b) the offender’s legal representative. (3) The court must ensure that a copy of the court referral order is given to— (a) the director-general (restorative justice); and (b) the director of public prosecutions; and (c) any lawyer representing the offender.

Section 28 page 24 Crimes (Restorative Justice) Act 2004 (4) The director-general (restorative justice) must ensure that a copy of the court referral order received under section (3) (a) is given to— (a) each person who could be an eligible victim or eligible parent in relation to the offence; and (b) the offender. (5) For the referral of a less serious family violence offence or a less serious sexual offence alleged to have been committed by a young offender or an adult offender, the court may make a court referral order, before the offender pleads guilty to the offence or is found guilty of the offence, only if it considers that exceptional circumstances exist to justify the referral. Note This Act does not apply to a serious family violence offence or a serious sexual offence unless the offender pleads guilty to the offence, or is found guilty of the offence (see s 16).

28 Court referral orders—reports (1) This section applies if a court makes a court referral order for section 27 in relation to a proceeding for an offence. (2) The director-general must give the court a written report about the outcome of restorative justice for the offence within the period for which the proceeding is adjourned under the order. (3) The report must include a statement of the following: (a) whether the director-general is satisfied that, in relation to the offence— (i) there is an eligible victim or eligible parent in relation to the offence; and (ii) there is an eligible offender in relation to the offence; and (iii) the offence is a suitable offence for restorative justice; (b) whether a restorative justice conference was held;

Referrals not requiring offender notification Division 6.4 Section 28A (c) if a restorative justice conference was held— (i) the extent to which the conference met the objects of this Act; and (ii) whether a restorative justice agreement was reached at the (4) If a restorative justice agreement was reached at a restorative justice conference for the offence, the report must include a copy of the (5) The director-general must give a copy of the report to— (a) each person who is a required participant in a restorative justice conference under section 42 (Required participants); and (b) the director of public prosecutions; and (c) any lawyer representing the offender. Division 6.4 Referrals not requiring offender notification

28A Referrals not requiring offender notification— post-sentence stage (1) A post-sentence referring entity may refer an offence for restorative justice if— (a) the entity is satisfied there is an eligible victim or eligible parent in relation to the offence; and (b) the offender— (i) was at least 10 years old when the offence was committed; and (ii) is in the post-sentence stage in relation to the offence; and

Division 6.4 Referrals not requiring offender notification Section 28A page 26 Crimes (Restorative Justice) Act 2004 (c) the entity is satisfied, having regard to the objects of this Act, that it is not appropriate, or it is not reasonably practicable in the circumstances, to notify the offender that the offence is being considered for restorative justice. Note For a referral under this section, the referring entity is not required to be satisfied the offender is an eligible offender. However, the director-general must be satisfied of that before deciding the offence is suitable for restorative justice (see s 30 (b)). (2) The restorative justice guidelines may prescribe procedures for how a post-sentence referring entity must make decisions about referrals under subsection (1). (3) In this section: post-sentence referring entity means an entity mentioned in table 22, item 5, column 2. post-sentence stage, in relation to an offence for which the offender is found guilty, means— (a) after a court has made a sentence-related order for the offender; and (b) before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later).

Section 29

29 Meaning of personal characteristics personal characteristics, of a victim, or a parent of a child victim, or offender, means personal characteristics of the victim, parent or offender that might affect— (a) the capability of the victim, parent or offender to agree to take part in restorative justice; or (b) the outcome of restorative justice for the relevant offence. Examples • age • gender • social or cultural background

30 Suitability—eligibility requirement The director-general may decide that an offence is suitable for restorative justice only if satisfied that— (a) there is an eligible victim or eligible parent for the offence; and (b) the offender is an eligible offender.

31 Finding of eligibility by referring entity (1) This section applies if, in a referral under section 23 (Referral— procedure) or section 28A (Referrals not requiring offender notification—post-sentence stage), a referring entity states that a person is an eligible victim, parent, or offender and gives grounds for that statement. Note For a referral under s 28A, the referring entity is not required to be satisfied that the offender is an eligible offender.

Section 32 page 28 Crimes (Restorative Justice) Act 2004 (2) For this part, the referring entity’s statement— (a) is sufficient for the director-general to be satisfied of the fact of eligibility; but (b) does not prevent the director-general from being satisfied that a victim, parent or offender is not eligible for restorative justice.

32 Suitability—decision (1) The director-general is responsible for deciding whether restorative justice is suitable for an offence. (2) The director-general may decide whether restorative justice is suitable for an offence only after considering the following: (a) the general considerations mentioned in section 33; (b) suitability for the eligible victim or parent under section 34 or section 35; (c) suitability for the offender under section 36. (3) Subject to section 32A, if the director-general decides that restorative justice is suitable for an offence, the director-general must ask the following for written consent for a restorative justice conference to be called for the offence: (a) the eligible victim or parent, or both (if there is an eligible victim and an eligible parent); (b) the eligible offender.

Section 32A written consent includes oral or other consent, if a written record of the consent is made by a person who was with the person giving the consent when it was given. Royce is an eligible victim who has an acquired brain injury that limits his ability to write and speak. Royce is able to indicate his consent by using a communication board. Royce’s mother is with Royce when he consents and makes a written record of his actions.

32A Explanation of restorative justice––before consent Before obtaining written consent under section 32 (3), the director-general must ensure that reasonable steps are taken to explain to each eligible victim and parent, and the offender (in language that the victim, parent or offender can readily understand)— (a) the purpose of restorative justice generally and for the particular (c) that the person may seek independent legal advice about taking part in restorative justice; and (d) that no-one is under an obligation to take part, or continue to take part, in restorative justice after it has started; and

Section 33 page 30 Crimes (Restorative Justice) Act 2004

33 Suitability—general considerations (1) In deciding whether restorative justice is suitable for an offence, the director-general must consider the following: (a) any government or administrative policy relating to the treatment of offences of the relevant kind; (b) the nature of the offence, including the level of harm caused by or violence involved in its commission or alleged commission; (c) the appropriateness of restorative justice at the current stage of the criminal justice process or any other process associated with the offence; (d) any potential power imbalance between the people who are to take part in restorative justice for the offence; (e) the physical and psychological safety of anyone who is to take part in restorative justice for the offence. (2) The director-general may decide that restorative justice is suitable for a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender before the offender pleads guilty to the offence or is found guilty of the offence only if satisfied that exceptional circumstances exist to justify the calling of a restorative justice conference for the offence.

Section 34

34 Suitability—victims (1) In deciding whether restorative justice is suitable for an eligible victim, the director-general must consider the following: (a) the victim’s personal characteristics; (b) the victim’s motivation for taking part in restorative justice; (c) the impact of the offence as perceived by the victim. (2) For this Act, an eligible victim is a suitable victim if the director-general decides under section 32 that the victim is suitable for restorative justice.

35 Suitability—eligible parents (1) In deciding whether restorative justice is suitable for an eligible parent of a child victim, the director-general must consider the following: (a) the relationship between the parent and the child; (b) the parent’s and the child victim’s personal characteristics; (c) the parent’s and the child victim’s motivation for taking part in restorative justice; (d) the impact of the offence as perceived by the parent and the child victim. (2) For this Act, an eligible parent is a suitable parent if the director-general decides under section 32 that the parent is suitable for restorative justice.

Section 36 page 32 Crimes (Restorative Justice) Act 2004

36 Suitability—offenders In deciding whether restorative justice is suitable for an offender, the director-general must consider the following: (a) the extent (if any) of the offender’s contrition or remorse for the offence; (b) the offender’s personal characteristics; (c) the offender’s motivation for taking part in restorative justice; (d) the impact of the offence as perceived by the offender.

General Division 8.1 Section 37 Part 8 Restorative justice conferences and agreements Division 8.1 General 37 Definitions—pt 8 In this part: referring entity—see section 38. required participant, in a restorative justice conference—see section 42. restorative justice agreement—see section 50. substitute participant—see section 43. suitable parent—see section 35. suitable victim—see section 34. 38 Meaning of referring entity—pt 8 (1) In this part: referring entity—see section 22. (2) However, if an offence is referred for restorative justice by a court in making a sentence-related order, referring entity means the

39 Decision to call conference (1) The director-general may require a restorative justice conference to be called for an offence if— (a) the director-general decides, under section 32 (Suitability— decision) that restorative justice is suitable for the offence; and

Section 40 page 34 Crimes (Restorative Justice) Act 2004 (b) the eligible victim or parent, and the eligible offender, gives consent under section 32 (3) for the conference to be called. (2) The director-general must assign a convenor to a conference called under this section. (3) The director-general must ensure, before the conference begins, that the convenor has received sufficient legal training to— (a) advise the participants of their rights and duties at law and under this Act; and (b) otherwise exercise the functions of a convenor under this Act.

40 Appointment of convenors (1) The director-general may appoint a person as a convenor for this part. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The director-general may appoint a person as convenor only if— (a) the person has the qualifications and experience prescribed by regulation; and (b) if the person is not a lawyer—the director-general is satisfied that the convenor has received, or has the capacity to receive, sufficient legal training— (i) to advise those who take part in restorative justice of their rights and duties in relation to restorative justice under this Act; and (ii) otherwise to exercise the functions of a convenor for this Act.

Convenors Division 8.2 Section 41 (3) Subsection (2) (b) does not prevent a regulation being made requiring a convenor to be a lawyer.

41 What a convenor does (1) The convenor of a restorative justice conference, subject to this part, may do anything necessary or desirable to be done in relation to calling the conference, including the following: (a) consulting a person with knowledge of or experience in a particular culture; (b) inviting a person to take part in the conference; (c) deciding whether the conference should require the participants to meet in person, or to communicate in any other way; (d) fixing a time for the conference, and for any continuation of the conference; (e) fixing a venue for the conference, if the participants are to meet in person; (f) identifying the issues that should be addressed at the conference; (g) facilitating the conference; (h) warning participants about the potentially incriminating nature of any statement to be made, or being made, at the conference; (i) facilitating an agreement between the participants; (j) ensuring that this Act is complied with in relation to the conference and any agreement; (k) any other function required by regulation. (2) The convenor must carry out the functions mentioned in subsection (1) in a way that ensures that no-one’s safety, rights or dignity is compromised.

Section 42 page 36 Crimes (Restorative Justice) Act 2004

42 Required participants (1) A restorative justice conference for an offence must not proceed unless each of the following takes part in the conference: (a) a suitable victim or parent, or a substitute participant for a suitable victim or parent; (b) the offender. (2) A person mentioned in subsection (1) who takes part (or who is to take part) in a restorative justice conference for an offence is a required participant in the conference for this part. Note The convenor may invite supporters of the offender and victim to take part in the conference, and the informant police officer (see s 44).

43 Substitute participants A person (a substitute participant) acting for a suitable victim or parent may take part in a restorative justice conference instead of the victim or parent if— (a) the victim or parent asks for, or agrees to, the substitution; and (b) the convenor agrees to the substitution. Note If the conference results in a restorative justice agreement, the substitute participant for the victim or parent must sign the agreement, and is taken to do so on behalf of the victim or parent (see s 52).

44 Invited participants (1) Any of the following may take part in a restorative justice conference if invited by the convenor: (a) the police officer who is the informant for the offence; (b) a parent of a suitable victim or the offender;

Conduct of conference Division 8.3 Section 44 (c) a family member or domestic partner of a suitable victim, a suitable parent or the offender; (d) a person in a domestic relationship with a suitable victim, a suitable parent or the offender; (e) anyone else, if— (i) a suitable victim or parent, or the offender, considers the person can provide emotional or practical support for the victim, parent or offender; or (ii) the convenor considers that the participation of the person would help to promote the objects of this Act in relation to the conference. (2) If a required participant asks the convenor to invite a person mentioned in subsection (1) to take part in the conference, the convenor must not refuse the request unless the convenor considers, on reasonable grounds, that to invite the participant would be significantly detrimental to the objects of this Act in relation to the (3) If a participant in a restorative justice conference is represented by someone acting for the participant in a professional capacity, the representative may not take part in the conference in that capacity. Examples of people acting for participants in a professional capacity 1 lawyers 2 victim intercessors 3 offender intercessors domestic relationship—see the Domestic Relationships Act 1994, section 3. Note For the meaning of domestic partner, see Legislation Act, s 169.

Section 45 page 38 Crimes (Restorative Justice) Act 2004

45 Explanation for participants Before a restorative justice conference begins, the convenor must ensure that reasonable steps are taken to explain to each person who is to take part in the conference (in language that each can readily understand)— (a) the objects of this Act in relation to the conference, including the purpose of restorative justice generally and for the particular (c) that the person may, before and after the conference is called, seek independent legal advice about taking part in a restorative justice conference and about the effect of any restorative justice agreement reached at a conference; and (d) that no-one is under an obligation to take part in the conference, or to continue to take part in conference after it has started; and

Conduct of conference Division 8.3 Section 46

46 Form of conference The convenor of a restorative justice conference may conduct the conference in any form (or combination of forms) consistent with the restorative justice guidelines that would, in the convenor’s opinion, best facilitate— (a) interaction between the participants; and (b) the promotion of the objects of this Act in relation to the Examples of conference forms 1 face-to-face meeting 2 exchange of written or emailed statements between participants 3 exchange of prerecorded videos between participants 4 teleconferencing 5 videoconferencing

47 Discontinuance of restorative justice (1) The convenor of a restorative justice conference may decide to— (a) cancel the conference before it is conducted; or (b) discontinue the conference at any time after it has started. (2) The convenor may cancel or discontinue the conference only if, in the convenor’s opinion based on reasonable grounds, there is no significant prospect of promoting the objects of this Act by conducting, or continuing to conduct, the conference.

Section 48 page 40 Crimes (Restorative Justice) Act 2004 (3) Without limiting subsection (2), the convenor must cancel or discontinue the conference if, in the convenor’s opinion based on reasonable grounds, before or during the conference— (a) a suitable victim or parent has withdrawn his or her agreement to take part in the conference, and there is no other suitable victim or parent (or substitute participant for a suitable victim or parent) who agrees to take part in the conference; or (b) the offender has withdrawn his or her agreement to take part in the conference. (4) If the convenor decides to cancel or discontinue the conference, the convenor must give notice of the decision to—

48 Report to referring entity about outcome (1) After the end of a restorative justice conference, the convenor must give a report about the outcome of the conference to the referring entity for the offence. (2) The report about the outcome of the conference must include the following information: (a) details of the conference and when it ended; and (b) whether the conference resulted in a restorative justice Note If the conference resulted in an agreement, the convenor must give a copy of the agreement to the referring entity as well (see s 54).

Section 49 49 Application—div 8.4 This division applies in relation to a restorative justice agreement that results from (or that may result from) a restorative justice conference.

50 Agreement as object of conference A restorative justice conference has as a primary object the formation of an agreement under this division (a restorative justice agreement) between each required participant in the conference.

51 Nature of agreement (1) A restorative justice agreement in relation to an offence must include measures intended to repair the harm caused by the offence. (2) The agreement may include 1 or more of the following: (a) an apology by the offender to any victim or parent of a victim; (b) a plan to address the offending behaviour of the offender; (c) a work plan to be carried out by the offender for the benefit of any victim or parent of a victim; (d) a work plan to be carried out by the offender for the benefit of the community or a part of the community; (e) financial reparation to be paid by the offender to any victim or parent of a victim; (f) anything else that each required participant and substitute participant in the conference agree would help repair the harm caused by the offence. (3) The agreement must be fair and, in the opinion of each required participant and substitute participant in the conference and the convenor, reasonably able to be carried out by the offender.

Section 52 page 42 Crimes (Restorative Justice) Act 2004 (4) The agreement must not require the offender or anyone else to do anything that would— (a) be unlawful; or (b) require the detention of the offender (whether full-time or for any period); or (c) be degrading or humiliating to the offender or anyone else; or (d) cause distress to the offender or anyone else. (5) The agreement must be for a term of no longer than 6 months, starting on— (a) the date the agreement is made; or (b) if a later starting date is stated in the agreement—the later date. Note The term of the agreement may be extended beyond this period, or reduced, by an amendment under s 55.

52 Form of agreement (1) A restorative justice agreement must be— (a) in writing; and (b) signed by each required participant in the conference. (2) If a substitute participant for a suitable victim or parent signs a restorative justice agreement— (a) the substitute participant is taken to sign the agreement on behalf of the victim or parent; and (b) the victim or parent is taken to have consented to the agreement. Note If there is a substitute victim or parent for a restorative justice conference under s 43, the substitute is a required participant in the conference (see s 42), and so may sign a restorative justice agreement under s (1) (b).

Section 53 (3) If a required participant is not able to sign a restorative justice agreement but has given oral or other consent to the agreement, the director-general must ensure that a written record of the consent is— (a) made by a person who was with the person giving the consent when it was given; and (b) kept with the restorative justice agreement.

53 Explanation of effect of agreement Before a restorative justice agreement is signed, the convenor must ensure that reasonable steps are taken to explain to each required participant in the conference (in language that each can readily understand)— (a) the nature, purpose and effect of the agreement; and (b) that no-one is under an obligation to sign the agreement; and (c) that the participant may, before signing the agreement, seek independent legal advice about the effect of the proposed agreement; and (d) if the offender has not entered a plea in relation to the offence— (e) if a sentence-related order has not been made for the offender—

Section 54 page 44 Crimes (Restorative Justice) Act 2004

54 Notice of agreement The convenor must give a copy of a restorative justice agreement to—

55 Amendment of agreement (1) The convenor may amend a restorative justice agreement on the application of a required participant in the conference, or the convenor’s initiative, if the convenor considers that the amendment is necessary or desirable— (a) to respond to a change in the situation of any suitable victim or parent, or the offender; or (b) to correct an error. (2) Without limiting subsection (1), the convenor may amend a restorative justice agreement under the subsection in response to a change in the situation of any suitable victim or parent, or the (a) to increase the term of the agreement, including an increase that would provide for the agreement to end more than 6 months after the day it started under section 51 (5); or (b) to reduce the term of the agreement. Sam is an offender, and Bella is a victim of Sam’s offence. Sam is found guilty of the offence but, under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general), the charge is dismissed and no conviction is recorded. After taking part in a restorative justice conference, Sam and Bella sign a restorative justice agreement under which Sam agrees to work in Bella’s garden every Saturday for 6 months. However, 4 months after the start of the agreement, the company Sam works for moves its head office from Canberra to Brisbane, and Sam is required to move there before the 6 months is over to keep his job. Sam has until then complied fully with the agreement.

Section 55 The convenor may consider, because of Sam’s history of compliance with the agreement, and the change in Sam’s situation, there is a change in Sam’s situation that would justify an amendment to the agreement to reduce its term so that it will end when Sam has to move to Brisbane. Note See s (5), def change in the situation. The definition excludes a change in the offender’s, victim’s or parent’s attitude to compliance with the restorative justice agreement. (3) However, any amendment of a restorative justice agreement to respond to a change in the situation of any suitable victim or parent, or the offender, may only be made after the convenor has consulted each required participant in the conference who is a suitable victim or parent, or a substitute participant for a suitable victim or parent. (4) If the convenor amends a restorative justice agreement under this section, the convenor must give notice of the amendment and a copy of the agreement, as amended, to— (5) In this section: change in the situation, of a victim, parent or offender in relation to a restorative justice agreement, does not include a change in the victim’s, parent’s or offender’s attitude to complying with the

Division 8.5 Monitoring compliance with restorative justice agreements Section 56 page 46 Crimes (Restorative Justice) Act 2004 Division 8.5 Monitoring compliance with restorative justice agreements 56 Application—div 8.5 This division applies to a restorative justice agreement for an offence that is referred for restorative justice by a referring entity. 57 Monitoring compliance—director-general (restorative justice) (1) The director-general (restorative justice) may do anything reasonable to check whether the restorative justice agreement is being complied with. Alex has been convicted and sentenced for an offence. As a condition of the sentence, Alex has taken part in restorative justice. After a restorative justice conference, Alex signed a restorative justice agreement with the victim agreeing to perform 50 hours unpaid work for a charity service organisation. The director-general (restorative justice) may, under this subsection, contact the organisation at reasonable intervals to make sure that Alex performs the work satisfactorily. (2) If the director-general (restorative justice) is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the director-general must report the noncompliance to the referring entity. (3) If the director-general (restorative justice) is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the director-general must report the compliance to the referring entity.

Monitoring compliance with restorative justice agreements Division 8.5 Section 58 (4) Subsections (2) and (3) do not apply if the referring entity is the Note 1 The referring entity may be the director-general (restorative justice) Note 2 Section 72 deals with what happens if the referring entity is the same given by a delegate of the director-general as director-general (restorative justice) to a delegate of the director-general as director-general (corrections) or director-general (children and young people).

58 Monitoring compliance—referring entities (1) The referring entity may do anything reasonable to check whether the agreement is being complied with. The example for section 57 (1) applies in relation to the checking of compliance by the referring entity. (2) If the referring entity is satisfied on reasonable grounds that there has been a significant failure to comply with the restorative justice agreement, the referring entity must report the noncompliance to the (3) If the referring entity is satisfied on reasonable grounds that the restorative justice agreement has been substantially or fully complied with, the referring entity must report the compliance to the

Division 8.6 Evidence of statements made at conferences Section 59 page 48 Crimes (Restorative Justice) Act 2004 (4) Subsections (2) and (3) do not apply if the referring entity is the Note 1 The referring entity may be the director-general (restorative justice) under s 22, table 22, item 1 or 5. Note 2 Section 72 deals with what happens if the referring entity is the same given by a delegate of the director-general as director-general (corrections) or director-general (children and young people) to a delegate of the director-general as director-general (restorative justice).

Division 8.6 Evidence of statements made at conferences

59 Evidence of offences (1) This section applies if a statement is made by an offender (the conference offender) during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference offence) that has been committed by anyone (including the conference offender). (2) Evidence of the statement may not be admitted in court in a proceeding in relation to a less serious offence (including the conference offence, if that is a less serious offence), whether or not the conference offender is accused of the offence.

Evidence of statements made at conferences Division 8.6 Section 60 (3) However, subsection (2) does not prevent a court, in sentencing an offender for an offence (whether the offence is a less serious offence or a serious offence), from considering a statement made by the offender during a restorative justice conference, or in a restorative justice agreement, in relation to the offence or any other offence. Note There may be circumstances in which evidence of the statement is admissible in court in a proceeding in relation to a serious offence, whether or not the conference offence is a serious offence, or the conference offender is accused of the offence. Territory law that deals generally with the admission of evidence in criminal proceedings would apply.

60 Evidence of future offences (1) This section applies if a statement is made by an offender (the conference offender) during a restorative justice conference, or in a restorative justice agreement, in relation to an offence (the conference future offence) proposed to be committed after the time of the conference or agreement by anyone (including the conference offender). (2) This Act does not prevent evidence of the statement being admitted in court in a proceeding in relation to the conference future offence— (a) whether or not the offence is a serious offence; and (b) whether or not the conference offender intends to commit, or is alleged to have committed, the offence.

Section 61 page 50 Crimes (Restorative Justice) Act 2004

61 Restorative justice guidelines (1) The director-general may issue guidelines (restorative justice guidelines) outlining procedures for the following: (a) the referral of offences for restorative justice, including procedures for making decisions about referrals; (b) the management of restorative justice; (c) the conduct of restorative justice conferences; (d) monitoring the progress of restorative justice; (e) monitoring compliance with restorative justice agreements; (f) any other aspect of the administration of this Act. (2) Restorative justice guidelines— (a) may deal with matters also dealt with elsewhere under this Act; but (b) must not be inconsistent with this Act. (3) Restorative justice guidelines are disallowable instruments. (4) A referring entity for an offence must comply with the guidelines.

62 Police participation in restorative justice The director-general may make arrangements with the chief police officer— (a) for the participation of police officers in the administration of this Act; and (b) for the appointment of police officers to call restorative justice conferences, subject to this Act.

General administration Division 9.1 Section 63

63 Information sharing (1) The director-general may ask a referring entity to give the director-general information about a victim, the parent of a victim, an offender or anyone else if the information is necessary for the administration of this Act. (2) A referring entity must do everything reasonable to comply with a request under subsection (1).

64 Secrecy (1) In this section: protected information— (a) means information about a person that is disclosed to, or obtained by, a secret-keeper because of the exercise of a function by the secret-keeper under this Act; but (b) does not include— (i) information in a restorative justice agreement; or (ii) information disclosing who attended a restorative justice conference; or (iii) a written record of consent made under section 52 (3). Examples of protected information 1 information obtained by a referring entity or the director-general in assessing the eligibility of a victim, parent or offender for restorative justice 2 information obtained by the convenor of a restorative justice conference in preparing the conference 3 a transcript (or other record) of what is said during a restorative justice conference that is kept by the convenor or the director-general

Section 64 page 52 Crimes (Restorative Justice) Act 2004 secret-keeper means a person who is exercising, or has exercised, a function under this Act. Examples 1 a referring entity, or the delegate of a referring entity, if the referring entity or delegate is considering whether to refer an offence for restorative justice 2 the director-general, or a delegate of the director-general, if the director-general or delegate is considering whether an offence is suitable for restorative justice, or whether a restorative justice conference for an offence should be called 3 the convenor of a restorative justice conference, if the convenor is making preparations for a restorative justice conference 4 a staff member of an administrative unit, if the staff member is assisting a secret-keeper mentioned in examples 1, 2 or 3 in carrying out the functions mentioned in those examples (2) A secret-keeper commits an offence if the secret-keeper— (a) makes a record of protected information; or (b) directly or indirectly discloses or communicates protected information about someone to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the record is made, or the information is disclosed or communicated— (a) under this or any other Act; or (b) in relation to the exercise of a function, as a secret-keeper, under this or any other Act. (4) Subsection (2) does not prevent a secret-keeper from divulging or communicating protected information about someone with that person’s consent.

General administration Division 9.1 Section 65 (5) For a civil proceeding, a secret-keeper must not— (a) disclose or communicate protected information to a court; or (b) produce or permit access to a document containing protected information to a court. (6) For a criminal proceeding, unless it is necessary to do so to comply with this Act, any other territory law or a law of the Commonwealth, a secret-keeper is not required— (a) to disclose or communicate protected information to a court; or (b) to produce or permit access to a document containing protected information to a court.

65 Secrecy about information acquired under other Acts (1) The provisions of another Act imposing restrictions or obligations of secrecy or nondisclosure of information acquired in the administration of that Act apply to a person who, in the exercise of functions under this Act, has access to the information because of the information having been acquired in the administration of the other Act. (2) For subsection (1), the person who has access to the information in the exercise of functions under this Act is taken to be a person engaged in the administration of the other Act. (3) Subsection (1) does not prevent— (a) the giving of access to records under this Act; or (b) the preparation and dissemination of guides and aids to finding information contained in the records.

Section 66 page 54 Crimes (Restorative Justice) Act 2004

66 Protection from liability (1) A person is not personally liable for anything done or omitted to be done honestly and without negligence— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.

67 Meaning of referring entity—div 9.2 (1) In this division: referring entity, in relation to an offence—see section 22. (2) However, if an offence is referred for restorative justice by a court in making a sentence-related order, referring entity means the

68 Quarterly reporting by director-general (1) This section applies in relation to a quarter of a year if— (a) an offence is referred for restorative justice before the start of, or during, the quarter; and (b) restorative justice— (i) has not ended for the offence; or (ii) ended for the offence during the quarter. Note Quarter is defined in the Legislation Act, dict, pt 1 to mean the 3 months following 1 January, 1 April, 1 July or 1 October in any year.

Reporting and records Division 9.2 Section 68 (2) Within 14 days after the last day of the quarter, the director-general (restorative justice) must report to the referring entity on the progress of restorative justice for the offence during the quarter. Note Section 72 deals with what happens if the referring entity is the same given by a delegate of the director-general as director-general (restorative justice) to a delegate of the director-general as director-general (corrections) or director-general (children and young people). (3) This section does not apply if the referring entity is the Note The referring entity may be the director-general (restorative justice) ends—restorative justice ends for an offence if— (a) the director-general decides that restorative justice is not suitable for the offence; or (b) the convenor of a restorative justice conference for the offence discontinues the conference under section 47; or (c) a restorative justice conference for the offence is concluded. Note Restorative justice means the process of restorative justice provided under this Act, including a restorative justice conference (see s 10). Restorative justice, apart from the process provided under this Act that is mentioned in the definition, does not necessarily end as provided in the definition of ends for this section.

Section 69 page 56 Crimes (Restorative Justice) Act 2004

69 Record-keeping by referring entities (1) If an offence is referred to the director-general for restorative justice, the referring entity must ensure that appropriate records are kept in relation to— (a) the circumstances in which the referral was made; and (b) the progress of restorative justice for the offence; and (c) the outcome of restorative justice for the offence. (2) The referring entity must also ensure that a copy of any restorative justice agreement for the offence (as amended, if at all, under section 55) is kept as part of the records. (3) The records mentioned in subsection (1) must be kept as part of the administrative or court records normally kept by the referring entity in relation to the offence.

70 Record-keeping by director-general (1) The director-general must keep records of— (a) each referral of an offence to the director-general for restorative justice; and (b) any assessment of suitability for restorative justice under part 7, whether because of a referral of an offence for restorative justice or in other circumstances; and (c) each offence for which a restorative justice conference is called; and (d) each restorative justice conference that is conducted; and (e) each restorative justice conference that is cancelled or discontinued; and (f) each restorative justice agreement that is reached at a conference; and

Reporting and records Division 9.2 Section 71 (g) the offender’s compliance with each restorative justice (2) The records mentioned in subsection (1) (g) must be kept in consultation with the relevant referring entity. (3) A record of an offence for which a restorative justice agreement is reached must include a copy of the restorative justice agreement (as amended, if at all, under section 55).

71 Restorative justice database (1) The director-general must ensure that a database is kept of information in the records required to be kept under section 70 to enable research, analysis and evaluation of restorative justice. (2) The database must be kept as required by regulation. (3) A regulation made for this section— (a) may allow access to the information in the database by anyone for research, analysis and evaluation of restorative justice; but (b) must not allow access to the information in the database in any form that would allow the identity of anyone taking part in restorative justice to be worked out.

Section 72 page 58 Crimes (Restorative Justice) Act 2004

72 Exercise of functions by director-general (1) This section applies if— (a) section 23, section 57, section 58 or section 68 requires a director-general, in the director-general’s capacity as responsible for a particular matter (the first capacity) to give a referral or report to a director-general, in the director-general’s capacity as responsible for another matter (the second capacity); and (b) a single director-general acts in both the first and second capacities. (2) A director-general mentioned in subsection (1) must ensure that administrative arrangements are made for a delegate of the director-general in the first capacity to give the referral or report to a delegate of the director-general in the second capacity who is a different person from the delegate in the first capacity. Pat has been found guilty of an offence but, without convicting Pat, the court makes a good behaviour order under the Crimes (Sentencing) Act 2005, section 17 (Non- conviction orders—general). The offence is referred for restorative justice by the After a restorative justice conference, Pat enters into a restorative justice agreement with the victim of the offence. Under the agreement, Pat promises to attend a rehabilitation program on a particular night of the week for 3 months. However, after 2 weeks, Pat breaches the agreement by stopping to attend the program. The director-general (restorative justice) becomes aware of the breach of the agreement. Under section 57 (2), the director-general (restorative justice) must report the breach to the referring entity, the director-general (corrections). However, the director-general (restorative justice) is the same person as the

Miscellaneous Part 10 Section 73 This section requires the director-general to ensure that administrative arrangements are made for the report to be given by a delegate of the director-general in the director-general’s capacity as administering this Act to someone else who is a delegate of the director-general in the director-general’s capacity as administering sentence-related orders such as the order for Pat.

73 Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the form must be used for that purpose. (3) An approved form is a notifiable instrument.

74 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) referring entities for table 22, item 6; (b) the qualifications and experience of convenors, for section 40 (2) (a); (c) the functions of convenors, for section 41 (1) (k); (d) the keeping of a database of restorative justice information, for section 71.

page 60 Crimes (Restorative Justice) Act 2004 (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • ACT • adult • amend • chief police officer • child • Childrens Court • director-general (see s 163) • director of public prosecutions (or DPP) • domestic partner (see s 169 (1)) • found guilty (of an offence) • Legislative Assembly • Magistrates Court • property • quarter • sentence administration board • Supreme Court • the Territory • victims of crime commissioner. adult offender—see section 12. child offender, in relation to an offence—see section 12. child victim—see section 11. commission, of an offence that is alleged to have been committed— see section 12. convenor means a person appointed as a convenor for part 8 (Restorative justice conferences and agreements) under section 40.

court referral order—see section 27 (2). director-general (children and young people)—see section 22 (3). director-general (corrections)—see section 22 (3). director-general (restorative justice)—see section 22 (3). Note If the Act refers simply to the director-general, this is a reference to the director-general of the administrative unit responsible for the administration of this Act (see Legislation Act, s 163). eligible offender—see section 19. eligible parent—see section 18. eligible victim—see section 17. less serious family violence offence—see section 12. less serious offence— see section 12. less serious sexual offence—see section 12. objects, of this Act—see section 6. offence—see section 12. offender—see section 12. parent—see section 11. personal characteristics, of a victim, or a parent of a child victim, or offender—see section 29. referred—see section 10. referring entity— (a) see section 22; but (b) for part 8 (Restorative justice conferences and agreements)—see section 38; and (c) for division 9.2 (Reporting and records)—see section 67.

page 62 Crimes (Restorative Justice) Act 2004 required participant, in a restorative justice conference, for part 8 (Restorative justice conferences and agreements)—see section 42. restorative justice—see section 10. restorative justice agreement—see section 50. restorative justice conference means a conference called for part 8 (Restorative justice conferences and agreements). restorative justice guidelines—see section 61. section 24 referral conditions—see section 24. sentence-related order, for an offender who is found guilty of an offence—see section 13. serious family violence offence—see section 12. serious offence—see section 12. serious sexual offence—see section 12. sexual offence—see section 12. substitute participant, for part 8 (Restorative justice conferences and agreements)—see section 43. suitable—section 10. suitable parent—see section 35. suitable victim—see section 34. victim—see section 11. young offender—see section 12.

About the endnotes 1

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

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

page 64 Crimes (Restorative Justice) Act 2004 Crimes (Restorative Justice) Act 2004 A2004-65 notified LR 6 September 2004 s 1, s 2 commenced 6 September 2004 (LA s 75 (1)) remainder commenced 31 January 2005 (s 2 and CN2004-28) as amended by Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.5 notified LR 24 March 2005 s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) sch 1 pt 1.5 commenced 25 March 2005 (s 2) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.12 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.12 commenced 22 December 2005 (s 2 (4)) Civil Unions Act 2006 A2006-22 sch 1 pt 1.8 notified LR 19 May 2006 s 1, s 2 commenced 19 May 2006 (LA s 75 (1)) sch 1 pt 1.8 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz

2006 No S93) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.10 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.10 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.26 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.26 commenced 12 April 2007 (s 2 (1))

Legislation history 3 Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.8, sch 4 pt 4.10 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 3 pt 3.8 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 4 pt 4.10 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.3 notified LR 8 July 2008 s 1, s 2 commenced 8 July 2008 (LA s 75 (1)) sch 1 pt 1.3 commenced 29 July 2008 (s 2) Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.6 notified LR 13 August 2008 s 1, s 2 commenced 13 August 2008 (LA s 75 (1)) sch 1 pt 1.6 commenced 27 August 2008 (s 2) Court Legislation Amendment Act 2008 A2008-42 pt 2 notified LR 8 September 2008 s 1, s 2 commenced 8 September 2008 (LA s 75 (1)) pt 2 commenced 8 March 2009 (s 2 and LA s 79) Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.5 notified LR 10 September 2008 s 1, s 2 commenced 10 September 2008 (LA s 75 (1)) sch 3 pt 3.5 commenced 30 March 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.16 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.16 commenced 17 December 2009 (s 2)

page 66 Crimes (Restorative Justice) Act 2004 Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.43 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.43 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.10 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.10 commenced 5 June 2012 (s 2 (1)) Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.6 notified LR 20 May 2014 s 1, s 2 commenced 20 May 2014 (LA s 75 (1)) sch 3 pt 3.6 commenced 10 June 2014 (s 2 (1)) Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016-4 pt 4, sch 1 pt 1.8 notified LR 24 February 2016 s 1, s 2 commenced 24 February 2016 (LA s 75 (1)) pt 4 commenced 25 February 2016 (s 2 (2)) sch 1 pt 1.8 commenced 2 March 2016 (s 2 (1)) Family Violence Act 2016 A2016-42 sch 3 pt 3.6 (as am by A2017-10 s 7) notified LR 18 August 2016 s 1, s 2 commenced 18 August 2016 (LA s 75 (1)) sch 3 pt 3.6 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.17 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.17 commenced 1 September 2016 (s 2) Freedom of Information Act 2016 A2016-55 sch 4 pt 4.7 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.7 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

Legislation history 3 Family and Personal Violence Legislation Amendment Act 2017 A2017-10 s 7 notified LR 6 April 2017 s 1, s 2 commenced 6 April 2017 (LA s 75 (1)) s 7 commenced 30 April 2017 (s 2 (1)) Note This Act only amends the Family Violence Act 2016 A2016-42. Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. Justice and Community Safety Legislation Amendment Act 2018 A2018-12 pt 4 notified LR 18 April 2018 s 1, s 2 commenced 18 April 2018 (LA s 75 (1)) pt 4 commenced 25 April 2018 (s 2) Crimes (Restorative Justice) Amendment Act 2018 A2018-34 notified LR 26 September 2018 s 1, s 2 commenced 26 September 2018 (LA s 75 (1)) remainder commenced 1 October 2018 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.6 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.6 commenced 23 June 2021 (s 2 (1)) Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 pt 4 notified LR 15 November 2023 s 1, s 2 commenced 15 November 2023 (LA s 75 (1)) pt 4 commenced 27 March 2024 (s 2 (2) (a)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.47 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.47 commenced 6 December 2025 (s 2 (5))

page 68 Crimes (Restorative Justice) Act 2004 Commencement s 2 om LA s 89 (4) Objects of Act s 6 am A2023-45 s 62, s 63 Application of restorative justice s 7 am A2023-45 s 64 When restorative justice is available s 8 am A2011-22 amdt 1.135 Definitions—restorative justice s 10 def suitable am A2011-22 amdt 1.135 Definitions—child victim, parent and victim s 11 def parent am A2008-20 amdt 3.17 def victim am A2023-45 s 65 Definitions—offences and offenders s 12 am A2023-45 s 68 def child offender ins A2023-45 s 66 def commission am A2009-49 amdt 3.35 def domestic violence offence am A2005-13 amdt 1.28; A2008-46 amdt 3.14 sub A2016-4 s 89 om A2016-42 amdt 3.31 def family violence offence ins A2016-42 amdt 3.32 def less serious domestic violence offence ins A2016-4 s 90 om A2016-42 amdt 3.33 def less serious family violence offence ins A2016-42 amdt 3.34 def less serious sexual offence ins A2016-4 s 90 def relevant person ins A2016-4 s 90 def relevant relationship ins A2016-4 s 90 def serious domestic violence offence ins A2016-4 s 90 def serious family violence offence ins A2016-42 amdt 3.36 def serious sexual offence ins A2016-4 s 90 def sexual offence ins A2016-4 s 90 def young offender sub A2023-45 s 67 Definition—sentence-related order s 13 sub A2006-23 amdt 1.100; A2008-20 amdt 4.30; A2016-4 amdt 1.16

Application of Act—less serious offences s 14 sub A2016-4 s 91 am A2016-42 amdt 3.37; A2023-45 s 69 Application of Act—serious offences s 15 am A2014-18 amdt 3.20 sub A2016-4 s 91 sub A2023-45 s 70 Application of Act—family violence offences and sexual offences s 16 hdg am A2016-42 amdt 3.37 s 16 am A2011-22 amdt 1.135 sub A2016-4 s 91 (5)-(8) exp 1 November 2018 (s 16 (8) and NI2018-601) sub A2023-45 s 70 Eligible victims s 17 am A2018-34 s 4 Eligible parents s 18 am A2018-34 s 5 Eligible offenders s 19 am A2018-34 s 6; A2023-45 s 71 Accepting or not denying responsibility for offences s 20 am A2006-23 amdt 1.101 sub A2018-34 s 7 am A2023-45 ss 72-75 Definitions—referral s 21 def chief executive (children and young people) om A2011-22 amdt 1.127 def chief executive (corrections) om A2011-22 amdt 1.127 def chief executive (restorative justice) om A2011-22 amdt 1.127 def court referral order am A2014-18 amdt 3.21 def director-general (children and young people) ins A2011-22 amdt 1.128 def director-general (corrections) ins A2011-22 amdt 1.128 def director-general (restorative justice) ins A2011-22 amdt 1.128 def section 24 referral conditions am A2014-18 amdt 3.22

page 70 Crimes (Restorative Justice) Act 2004 Referring entities s 22 am A2005-60 amdt 1.53; A2008-22 amdt 1.17; A2008-20 amdt 4.31, amdt 4.32; A2008-42 s 4; A2011-22 amdt 1.129, amdt 1.135; A2014-18 amdt 3.23; A2016-4 ss 92-94; A2016-52 amdt 1.57; A2018-34 s 8; A2021-12 amdt 3.11; A2023-45 ss 76-79; ss renum R27 LA Referral—procedure s 23 am A2011-22 amdt 1.135; A2025-29 amdt 4.47 Referral power s 24 am A2008-29 amdt 1.14; A2016-4 s 95; A2016-42 amdt 3.37; A2018-34 s 9, s 10 Explanation of restorative justice s 25 am A2008-29 amdt 1.15, amdt 1.16; A2009-49 amdt 3.36; A2018-34 s 11, s 12 Referral by DPP—less serious family violence offences and less serious sexual offences s 26 hdg sub A2016-4 s 96 s 26 am A2016-4 ss 97-100; A2016-42 amdt 3.37 (3)-(8) exp 1 November 2018 (s 26 (6) and NI2018-601) Referral during court proceeding—before offender enters plea s 27 hdg sub A2018-34 s 13 s 27 am A2008-29 amdt 1.17; A2011-22 amdt 1.135; A2016-4 ss 101-104; A2016-42 amdt 3.37; A2018-34 s 14; ss renum R24 LA (6)-(11) exp 1 November 2018 (s 27 (9) and NI2018-601) Court referral orders—reports s 28 am A2008-29 amdt 1.18; A2011-22 amdt 1.135; A2018-34 s 15, s 16 Referrals not requiring offender notification div 6.4 hdg ins A2018-34 s 17 Referrals not requiring offender notification—post-sentence stage s 28A ins A2018-34 s 17 Meaning of personal characteristics s 29 sub A2018-34 s 18 Suitability—eligibility requirement s 30 am A2011-22 amdt 1.135 Finding of eligibility by referring entity s 31 am A2011-22 amdt 1.135; A2018-34 s 19, s 20

Suitability—decision s 32 am A2008-29 amdt 1.19; A2011-22 amdt 1.135; A2018-34 s 21; A2025-29 amdt 4.47 Explanation of restorative justice––before consent s 32A ins A2008-29 amdt 1.20 am A2011-22 amdt 1.135; A2018-34 s 22, s 23 Suitability—general considerations s 33 am A2011-22 amdt 1.135; A2016-4 ss 105-107; A2016-42 amdt 3.37 (3)-(8) exp 1 November 2018 (s 33 (6) and NI2018-601) am A2023-45 s 80 Suitability—victims s 34 am A2011-22 amdt 1.135 Suitability—eligible parents s 35 am A2011-22 amdt 1.135 Suitability—offenders s 36 am A2011-22 amdt 1.135 Definitions—pt 8 s 37 def referring entity ins A2008-22 amdt 1.18 Meaning of referring entity—pt 8 s 38 am A2011-22 amdt 1.135 Decision to call conference s 39 am A2008-22 amdt 1.19; A2011-22 amdt 1.135 Appointment of convenors s 40 am A2008-22 amdt 1.20, amdt 1.21; A2008-29 amdt 1.21; A2011-22 amdt 1.135 Invited participants s 44 am A2006-22 amdt 1.28, amdt 1.29 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007-3 amdt 3.135 Explanation for participants s 45 am A2018-34 s 24, s 25 Form of agreement s 52 am A2018-34 s 26 Explanation of effect of agreement s 53 am A2018-34 s 27, s 28 Amendment of agreement s 55 am A2006-23 amdt 1.102

page 72 Crimes (Restorative Justice) Act 2004 Monitoring compliance—director-general (restorative justice) s 57 hdg am A2011-22 amdt 1.135 s 57 am A2011-22 amdt 1.135 Monitoring compliance—referring entities s 58 am A2011-22 amdt 1.135 Restorative justice guidelines s 61 am A2011-22 amdt 1.135; A2025-29 amdt 4.47 Police participation in restorative justice s 62 am A2011-22 amdt 1.135 Information sharing s 63 am A2011-22 amdt 1.135 Secrecy s 64 am A2011-22 amdt 1.135; A2016-55 amdt 4.9; A2018-34 s 29 Meaning of referring entity—div 9.2 s 67 am A2011-22 amdt 1.135 Quarterly reporting by director-general s 68 hdg am A2011-22 amdt 1.135 s 68 am A2011-22 amdt 1.135; A2018-12 s 6 Record-keeping by referring entities s 69 am A2011-22 amdt 1.135 Record-keeping by director-general s 70 hdg am A2011-22 amdt 1.135 s 70 am A2011-22 amdt 1.135 Restorative justice database s 71 am A2011-22 amdt 1.135 Exercise of functions by director-general s 72 hdg am A2011-22 amdt 1.135 s 72 am A2006-23 amdt 1.103; A2011-22 amdt 1.130, amdt 1.135 Approved forms s 73 am A2012-21 amdt 3.35; A2025-29 amdt 4.47 Regulation-making power s 74 am A2012-21 amdt 3.36; A2025-29 amdt 4.47 Ministerial reviews s 75 exp 1 July 2008 (s 75 (4) (LA s 88 declaration applies)) Administrative Decisions (Judicial Review) Act 1989, schedule 1, new clause 9 s 76 om LA s 89 (3)

Crimes Act 1900, section 342 (1) (u) s 77 om LA s 89 (3) Crimes Act 1900, section 344 (1) (f) s 78 om LA s 89 (3) Crimes Act 1900, section 364 (1) (k) s 79 om LA s 89 (3) dict am A2011-22 amdt 1.131, amdt 1.132; A2014-18 amdt 3.24; A2021-12 amdt 3.12 def chief executive (children and young people) om A2011-22 amdt 1.133 def chief executive (corrections) om A2011-22 amdt 1.133 def chief executive (restorative justice) om A2011-22 amdt 1.133 def child offender ins A2023-45 s 81 def court referral order am A2014-18 amdt 3.25 def director-general (children and young people) ins A2011-22 amdt 1.134 def director-general (corrections) ins A2011-22 amdt 1.134 def director-general (restorative justice) ins A2011-22 amdt 1.134 def domestic violence offence om A2016-4 s 108 def less serious domestic violence offence ins A2016-4 s 109 om A2016-42 amdt 3.38 def less serious family violence offence ins A2016-42 amdt 3.39 def less serious sexual offence ins A2016-4 s 109 def personal characteristics sub A2018-34 s 30 def relevant person ins A2016-4 s 109 def relevant relationship ins A2016-4 s 109 def restorative justice agreement am A2014-18 amdt 3.26 def section 24 referral conditions am A2014-18 amdt 3.27 def serious domestic violence offence ins A2016-4 s 109 def serious family violence offence ins A2016-42 amdt 3.41 def serious sexual offence ins A2016-4 s 109 def sexual offence ins A2016-4 s 109

page 74 Crimes (Restorative Justice) Act 2004 Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 31 Jan 2005 31 Jan 2005– 24 Mar 2005 not amended new Act 25 Mar 2005 25 Mar 2005– 21 Dec 2005 A2005-13 amendments by A2005-13 22 Dec 2005 22 Dec 2005– A2005-60 amendments by A2005-60 2 June 2006– 11 Apr 2007 A2006-23 amendments by A2006-23 12 Apr 2007 12 Apr 2007– A2007-3 amendments by A2007-3 2 July 2008– A2007-3 commenced expiry 29 July 2008– 26 Aug 2008 A2008-22 amendments by A2008-22 27 Aug 2008 27 Aug 2008– 26 Oct 2008 A2008-29 amendments by A2008-29 27 Oct 2008 27 Oct 2008– 26 Feb 2009 A2008-20 27 Feb 2009 27 Feb 2009– 7 Mar 2009 A2008-20 8 Mar 2009 8 Mar 2009– 29 Mar 2009 A2008-42 30 Mar 2009 30 Mar 2009– 16 Dec 2009 A2008-46

Earlier republications 5 for R13* 17 Dec 2009 17 Dec 2009– A2009-49 amendments by A2009-49 1 July 2011– A2011-22 amendments by A2011-22 5 June 2012– A2012-21 amendments by A2012-21 10 June 2014– 24 Feb 2016 A2014-18 amendments by A2014-18 25 Feb 2016 25 Feb 2016– 1 Mar 2016 A2016-4 amendments by A2016-4 2 Mar 2016 2 Mar 2016– 31 Aug 2016 A2016-4 amendments by A2016-4 1 Sept 2016 1 Sept 2016– 30 Apr 2017 A2016-52 amendments by A2016-52 1 May 2017– A2017-10 amendments by A2016-42 as amended by A2017-10 24 May 2017– 31 Dec 2017 A2017-14 updated endnotes as amended by A2017-14 1 Jan 2018 1 Jan 2018– 24 Apr 2018 A2017-14 amendments by A2016-55 as amended by A2017-14 25 Apr 2018 25 Apr 2018– 30 Sept 2018 A2018-12 amendments by A2018-12 1 Oct 2018 1 Oct 2018– 1 Nov 2018 A2018-34 amendments by A2018-34

page 76 Crimes (Restorative Justice) Act 2004 for 2 Nov 2018 2 Nov 2018– A2018-34 expiry of transitional provisions (s 16 (5)-(8), s 26 (3)-(8), s 27 (6)-(11), s 33 (3)-(8) 23 June 2021– 26 Mar 2024 A2021-12 amendments by A2021-12 27 Mar 2024 27 Mar 2024– 5 Dec 2025 A2023-45 amendments by A2023-45

Expired transitional or validating provisions 6 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.