QLDIn ForceAct
Youth Justice Act 1992
sec.192APreconditions to making restorative justice order
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### sec.192A Preconditions to making restorative justice order
A court may make a restorative justice order against a child only if—
the court considers the child is informed of, and understands, the process; and
the child indicates willingness to comply with the order; and
the court is satisfied that the child is a suitable person to participate in a restorative justice process; and
having regard to the following, the court considers the order is appropriate in the circumstances—
a submission by the chief executive about the appropriateness of the order;
the deciding factors for referring the offence.
For a court sentencing a child for an offence under section 175A , see section 175A (8) .
In this section—
deciding factors , for referring an offence, means—
the nature of the offence; and
the harm suffered by anyone because of the offence; and
whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.
s 192A ins 2016 No. 39 s 26
amd 2024 No. 54 s 23
(sec.192A-ssec.1) A court may make a restorative justice order against a child only if— the court considers the child is informed of, and understands, the process; and the child indicates willingness to comply with the order; and the court is satisfied that the child is a suitable person to participate in a restorative justice process; and having regard to the following, the court considers the order is appropriate in the circumstances— a submission by the chief executive about the appropriateness of the order; the deciding factors for referring the offence. For a court sentencing a child for an offence under section 175A , see section 175A (8) .
(sec.192A-ssec.2) In this section— deciding factors , for referring an offence, means— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.
- (a) the court considers the child is informed of, and understands, the process; and
- (b) the child indicates willingness to comply with the order; and
- (c) the court is satisfied that the child is a suitable person to participate in a restorative justice process; and
- (d) having regard to the following, the court considers the order is appropriate in the circumstances— (i) a submission by the chief executive about the appropriateness of the order; (ii) the deciding factors for referring the offence.
- (i) a submission by the chief executive about the appropriateness of the order;
- (ii) the deciding factors for referring the offence.
- (i) a submission by the chief executive about the appropriateness of the order;
- (ii) the deciding factors for referring the offence.
- (a) the nature of the offence; and
- (b) the harm suffered by anyone because of the offence; and
- (c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.