Crimes (Restorative Justice) Act 2004
16Application of Act—family violence offences and sexual
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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