CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 33 Suitability—general considerations
CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 33
Suitability—general considerations(1) In deciding whether restorative justice is suitable for an offence, the director-general must consider the following:
(a) any government or administrative policy relating to the treatment of offences of the relevant kind;
(b) the nature of the offence, including the level of harm caused by or violence involved in its commission or alleged commission;
(c) the appropriateness of restorative justice at the current stage of the criminal justice process or any other process associated with the offence;
(d) any potential power imbalance between the people who are to take part in restorative justice for the offence;
(e) the physical and psychological safety of anyone who is to take part in restorative justice for the offence.
(2) The director-general may decide that restorative justice is suitable for a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender before the offender pleads guilty to the offence or is found guilty of the offence only if satisfied that exceptional circumstances exist to justify the calling of a restorative justice conference for the offence.