Queensland Numbered Acts

YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2016 - SECT 26

26 Insertion of new pt 7, div 6A

Part 7—
insert—

Division 6A - Restorative justice orders

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.

(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.

192B Requirements to be set out in restorative justice order A restorative justice order made against a child must require—

(a) that the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and

(b) that, during the order—

(i) the child abstain from violation of the law; and

(ii) the child comply with every reasonable direction of the chief executive; and

(iii) the child report and receive visits as directed by the chief executive; and

(iv) the child or a parent of the child must notify the chief executive within 2 business days of any change of the child’s address, employment or school; and

(v) the child must not leave, or stay out of, Queensland while the order is in force, without the prior approval of the chief executive; and

(vi) the child participate in a restorative justice process as directed by the chief executive; and

(vii) the child perform his or her obligations under a restorative justice agreement made as a consequence of the child’s participation in the restorative justice process.

192C Making restorative justice order and community service order or graffiti removal order

(1) This section applies if, for the same offence, a court makes a restorative justice order and—

(a) a community service order; or

(b) a graffiti removal order.

(2) In making the community service order, the court must, when deciding the number of hours of unpaid community service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.

(3) In making the graffiti removal order, the court must, when deciding the number of hours of graffiti removal service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.

(4) Subsections (2) and (3) only apply to a restorative justice agreement that is in force at the time of making the community service order or graffiti removal order.

192D Ending of restorative justice order

(1) A restorative justice order remains in force until the earlier of the following—

(a) the chief executive is satisfied the child has discharged the child’s obligations under the related restorative justice agreement;

(b) the order is discharged under section 245 or 247;

(c) 12 months from the date the order is made.

(2) The period that a restorative justice order remains in force under subsection (1) is subject to sections 245, 247 and 252.