YOUNG OFFENDERS ACT 1997 - SECT 52 Outcomes of conferences

YOUNG OFFENDERS ACT 1997 - SECT 52

52 Outcomes of conferences

(1) The participants at a conference may agree to make such recommendations or decisions as they think fit. Any such decision that requires the compliance of the child is to be contained in the outcome plan agreed by the conference.

(2) Before determining an outcome plan, the participants in the conference must give particular consideration to the desirability of the child's participation in an appropriate program, as referred to in subsection (5) (c).

(3) An outcome plan is, if possible, to be determined by consensus of the participants in the conference and, subject to subsection (4), may be agreed to by the conference even though it is not agreed to by all the participants.

(4) The child, and any victim of the offence who personally attends the conference, each have a right of veto with respect to the whole of an outcome plan, or with respect to any decision proposed to be contained in an outcome plan, regardless of the views of any other participant in the conference.

(5) Without limiting the kinds of decisions and recommendations that may be contained in an outcome plan, an outcome plan may provide for the following matters--

(a) the making of an oral or written apology, or both, to any victim,

(b) the making of reparation to any victim or the community,

(c) participation by the child in an appropriate program,

(d) the taking of actions directed towards the reintegration of the child into the community.

(5A) The kinds of program that may be appropriate to be contained in an outcome plan include the following--

(a) counselling programs,

(b) drug and alcohol rehabilitation programs,

(c) educational programs,

(d) other programs aimed at improving a child's prospects,

whether conducted by a government agency, an educational institution or a community organisation (such as a Police and Community Youth Club).

(6) An outcome plan must--

(a) contain outcomes that are realistic and appropriate and sanctions that are not more severe than those that might have been imposed in court proceedings for the offence concerned, and

(b) set out times (not exceeding any limits imposed by the regulations) for the implementation of the plan, and

(c) not impose an obligation to do community service work that exceeds the period prescribed by the regulations for the purposes of this section, and

(d) if appropriate, provide for its monitoring, and

(e) comply with any requirements or limitations imposed on outcome plans by the regulations.

(7) A conference convenor must notify a conference administrator of any outcome plan determined by the participants at a conference.