Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 163

163 Power of court to make restorative justice process referral

(1) The court may, by notice given to the chief executive, refer an offence to the chief executive for a restorative justice process if—

(a) the court considers the child is informed of, and understands, the process; and

(b) the child indicates willingness to comply with the referral; and

(c) the court is satisfied that the child is a suitable person to participate in a restorative justice process; and

(d) having regard to the deciding factors for referring the offence, the court considers the referral would—

(i) allow the offence to be appropriately dealt with without making a sentence order (a
"court diversion referral" ); or

(ii) help the court make an appropriate community based order or detention order (a
"presentence referral" ); and

(e) having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances.

(2) In this section—

"deciding factors" , for referring an offence, means—

(a) the nature of the offence; and

(b) the harm suffered by anyone because of the offence; and

(c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.