CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 28A Referrals not requiring offender notification—post-sentence

CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 28A

    (1)     A post-sentence referring entity may refer an offence for restorative justice if—

        (a)     the entity is satisfied there is an eligible victim or eligible parent in relation to the offence; and

        (b)     the offender—

              (i)     was at least 10 years old when the offence was committed; and

              (ii)     is in the post-sentence stage in relation to the offence; and

        (c)     the entity is satisfied, having regard to the objects of this Act, that it is not appropriate, or it is not reasonably practicable in the circumstances, to notify the offender that the offence is being considered for restorative justice.

Note     For a referral under this section, the referring entity is not required to be satisfied the offender is an eligible offender. However, the director-general must be satisfied of that before deciding the offence is suitable for restorative justice (see s 30 (b)).

    (2)     The restorative justice guidelines may prescribe procedures for how a post-sentence referring entity must make decisions about referrals under subsection (1).

    (3)     In this section:

"post-sentence referring entity" means an entity mentioned in table 22, item 5, column 2.

"post-sentence stage", in relation to an offence for which the offender is found guilty, means—

        (a)     after a court has made a sentence-related order for the offender; and

        (b)     before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later).