New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 40

40 Referrals for conferences by DPP and courts

(1) The Director of Public Prosecutions or a court may refer a matter involving a child who is alleged to have committed an offence to a conference administrator for a conference if:

(a) the offence is one for which a conference may be held, and

(b) the child admits the offence, and

(c) in the case of a referral by the Director of Public Prosecutions, the child consents to the holding of the conference, and

(d) the Director or court is of the opinion that a conference should be held under this Part.

(2) An offence may be referred under this section even though the offence was not dealt with by an investigating official.

(3) A court may refer a matter at any stage in proceedings, including after a finding that a child is guilty of an offence.

(4) The Director of Public Prosecutions or a court must notify the Commissioner of Police in writing of the particulars of any referral after making a referral under this section.

(5) In determining whether to refer a matter for the holding of a conference, the Director of Public Prosecutions or a court is to take into account the following matters:

(a) the seriousness of the offence,

(b) the degree of violence involved in the offence,

(c) the harm caused to any victim,

(d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act,

(e) any other matter the Director or court thinks appropriate in the circumstances.

(6) Unless it is impracticable to do so, the Director of Public Prosecutions must consult with the investigating official (if any) before making any decision as to whom the matter is to be referred.