Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 192A

192A Preconditions to making restorative justice order

(1) A court may make a restorative justice order against a child only if—

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

(b) the child indicates willingness to comply with the order; 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 following, the court considers the order is appropriate in the circumstances—

(i) a submission by the chief executive about the appropriateness of the order;

(ii) the deciding factors for referring the offence.

Note—

For a court sentencing a child for an offence under section 175A , see section 175A (8) .

(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.