Queensland Consolidated Acts

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JUVENILE JUSTICE ACT 1992 - SECT 37

37 Form and content of conference agreement

(1) A conference agreement about an offence must be in the approved form.

(2) The agreement must be agreed to and signed by--

(a) the convenor; and
(b) the child; and
(c) a representative of--
(i) if the offence is referred to the conference by a police officer--the commissioner of the police service; or
(ii) if the offence is referred to the conference by a court--the prosecution in the proceeding for the offence; and
(d) if a victim of the offence participates in the conference--the victim.

(3) The agreement must contain provisions under which--

(a) the child admits committing the offence; and
(b) the child's compliance with the agreement is monitored.

(4) Without limiting what an agreement may contain, the agreement may contain a provision about the following--

(a) the making of restitution or payment of compensation;
(b) voluntary work to be performed by the child;
(c) an apology made to a victim;
(d) the child's future conduct while a child;
(e) a program mentioned in subsection (6);
(f) another matter the convenor considers appropriate.

(5) A condition of the agreement may contain a requirement that the child must comply with outside the State.

Example--
An agreement may require the child to perform voluntary work for a charity that is located outside the State.

(6) An agreement signed by the chief executive may provide for the child to be subject to a program similar to one a child is subject to under a community service order or a probation order.

(7) The agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way contravening the sentencing principles in section 150.

(8) A copy of the agreement must be given immediately to each person who signs the agreement under subsection (2).

(9) The agreement is not part of the child's criminal history.

(10) In a proceeding, a document purporting to be an agreement or copy of an agreement is evidence that the offence was dealt with by a conference.

(11) A document mentioned in subsection (10) is not evidence that the child committed the offence.



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