55Amendment of agreement

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.