Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 356G

Matters to be considered when determining the type of diversion program

    (1)     The Court, as far as practicable, must consider the following matters when determining the type of diversion program to be ordered

        (a)     the diversion program should not be more punitive than the sentence that would have been imposed had the child been found guilty;

        (b)     the diversion program should be achievable by the child and measurable;

        (c)     the personal characteristics and circumstances of the child;

        (d)     the desirability of maintaining a child's engagement in education, training and employment;

        (e)     the diversion program should be culturally appropriate;

        (f)     the impact on the victim (if any);

        (g)     the appropriateness of a restorative approach;

        (h)     any other matter the Court considers appropriate.

    (2)     In considering the matters in subsection (1), the Court may inform itself in any way it considers appropriate.

S. 356H inserted by No. 43/2017 s. 59.



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