CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 415 Group conference
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 415
Group conferenceS. 415(1) substituted by No. 61/2014 s. 103.
(1) The Court may consider deferral of sentencing for the purpose of a child's participation in a group conference if the Court is considering—
(a) placing the child on probation under section 380; or
(b) releasing the child on a youth supervision order under section 387; or
(c) convicting the child and making a youth attendance order under section 397; or
(d) convicting the child and ordering that the child be detained in a youth residential centre under section 410; or
S. 415(1)(e) amended by No. 43/2017 s. 14(a).
(e) convicting the child and ordering that the child be detained in a youth justice centre under section 412; or
S. 415(1)(f) inserted by No. 43/2017 s. 14(b).
(f) convicting the child and making a youth control order under section 409B.
(2) A group conference must be chaired by a convenor appointed by a service approved under section 480.
(3) The convenor is to fix the date on which and the time and place at which a group conference is to be held.
S. 415(3A) inserted by No. 11/2021 s. 36(1).
(3A) For the purposes of subsection (3), the place at which the group conference is to be held includes a group conference to be held by audio link or audio visual link.
(4) The purpose of a group conference is to facilitate a meeting between the child and other persons (including, if they wish to participate, the victim or their representative and members of the child's family and other persons of significance to the child) which has the following objectives—
(a) to increase the child's understanding of the effect of their offending on the victim and the community;
(b) to reduce the likelihood of the child re‑offending;
(c) to negotiate an outcome plan that is agreed to by the child.
(5) An outcome plan is a plan designed to assist the child to take responsibility and make reparation for his or her actions and to reduce the likelihood of the child re-offending.
(6) A group conference must be attended by—
(a) the child; and
(b) the child's legal practitioner; and
S. 415(6)(c) amended by No. 37/2014 s. 10(Sch. item 18.12).
(c) the informant or other police officer; and
(d) the convenor.
(7) A group conference may be attended by—
(a) members of the child's family; and
(b) persons of significance to the child; and
(c) the victim of the offence or the victim's representative; and
(d) any other person permitted to attend by the convenor.
S. 415(7A) inserted by No. 11/2021 s. 36(2).
(7A) The convenor, having regard to the views of the attendees of the group conference, may require or permit one or more of the attendees to—
(a) appear before the group conference by audio visual link or audio link; or
(b) participate in the group conference by making oral or written submissions.
(8) The convenor must prepare a group conference report for the Court and must include in the report the outcome plan, if any, agreed to by the child.
(9) Subject to subsection (8) and Division 7 of Part 7.8, the proceedings of a group conference are confidential.
(10) Subject to subsections (8) and (11), a person who attends a group conference must not disclose any statement made at, or information provided to, the conference without the leave of the Court or the consent of all the parties to the group conference.
Penalty applying to this subsection: 10 penalty units.
(11) Nothing in subsection (10) prevents—
(a) the convenor making a record of the proceedings at the group conference;
(b) discussions taking place between a person who attended the conference and his or her legal representative;
(c) discussions taking place between the legal representatives of persons who attended the conference.