125Convenor may refer matter back

125 Convenor may refer matter back

(1) A convenor may determine that it is not appropriate in the circumstances for a child to participate in an early diversion group conference in respect of an alleged offence, having regard to the following matters, as far as reasonably practicable—

(a) the child's background and circumstances;

(b) whether the early diversion group conference would be likely to address the child's individual needs and risks;

(c) the circumstances of the alleged offence;

(d) whether the child has previously participated in an early diversion group conference;

(e) if paragraph (d) applies, whether an early diversion outcome plan was finalised;

(f) for a child previously referred to an early diversion group conference by the Children's Court, the extent to which the child has completed a finalised early diversion outcome plan.

It may not be appropriate to hold an early diversion group conference for a child in respect of an alleged offence if—

• an early diversion group conference was held for the child in respect of another alleged offence and the attendees of that previous early diversion group conference had the opportunity to consider this later alleged offence during that previous early diversion group conference; or

• holding an early diversion group conference would be harmful due to the nature of the relationship between the child who is alleged to have committed an offence and any of the other attendees in the early diversion group conference due to an imbalance of power in a relationship, for example, in cases of family violence.

(2) A convenor must not make a determination under subsection (1) in respect of a child referred to an early diversion group conference by the Children's Court unless the convenor is made aware of facts or circumstances that were not known by the Children's Court at the time of the referral.

(3) The convenor must give written notice of a determination under subsection (1) and the reasons for that determination to—