118Eligibility of child for early diversion group conference

118 Eligibility of child for early diversion group conference

(1) A police officer must not refer a child to an early diversion group conference in respect of an alleged offence—

(a) unless there is a suitable approved service provider to conduct the early diversion group conference; or

(b) if the child denies the alleged offending; or

(c) if the child does not consent to the referral; or

(d) if the alleged offence is an offence specified in subsection (2).

(2) For the purposes of subsection (1)(d), the following offences are specified—

(a) an offence that is punishable by a minimum or fixed sentence or penalty;

(b) an offence that is punishable under the Road Safety Act 1986 or the Sentencing Act 1991 by—

(i) cancellation or suspension of a licence or permit to drive a motor vehicle; or

(ii) disqualification from obtaining a licence or permit to drive a motor vehicle; or

(iii) disqualification from driving a motor vehicle on a road in Victoria;

(c) an offence specified in paragraph (a), (b), (c), (d), (e) or (f)(v) of the definition of Category A serious youth offence;

(d) a terrorism or foreign incursion offence;

(e) an offence where a police officer reasonably believes that—

(i) the offence is serious and violent; and

(ii) the child presents a serious risk to community safety.

(3) The following matters do not affect a child's eligibility to be referred to an early diversion group conference—

(a) any previous youth cautions or youth warnings;

(b) a failure to finalise, or to complete to the satisfaction of the Children's Court, an early diversion outcome plan from a previous early diversion group conference;

(c) a failure to participate in or complete a diversion program to the satisfaction of the Children's Court.

See Part 6.3 in relation to diversion programs.