161Referral by Children's Court to early diversion group conference

161 Referral by Children's Court to early diversion group conference

(1) Subject to subsections (4) and (5), before hearing and determining a charge against a child for an alleged offence, the Children's Court may order the child to participate in an early diversion group conference if—

(a) the Court determines it is in the interests of justice; and

(b) the child consents to the order.

(2) Before making an early diversion group conference order, the Children's Court must consider—

(a) any submissions made in respect of the proposed referral by the prosecution; and

(b) if reasonably practicable to do so, the views of any victim of the alleged offending.

(3) For the purposes of determining to make an early diversion group conference order, the Children's Court may have regard to any relevant matter, including any of the following—

(a) the child's background and circumstances;

(b) whether the group conference process 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.

(4) The Children's Court must not make an early diversion group conference order in relation to an alleged offence that is otherwise excluded from referral to an early diversion group conference.

See section 118(2).

(5) The Children's Court must not make an early diversion group conference order unless the Children's Court is satisfied that there is a suitable approved service provider to conduct the early diversion group conference.

(6) The Children's Court may make an early diversion group conference order in relation to an alleged offence regardless of whether the child has already participated in an early diversion group conference in respect of the alleged offence.