Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 415

Group conference

    (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 imposing a sentence of probation or a youth supervision order.

    (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.

    (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

        (c)     the informant or other member of the police force; 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.

    (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 sub-section (8) and Division 7 of Part 7.8, the proceedings of a group conference are confidential.

    (10)     Subject to sub-sections (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 sub-section: 10 penalty units.

    (11)     Nothing in sub-section (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.



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