Youth Justice Act 1992

This section applies if a child admits committing an offence to a police officer.

Instead of bringing the child before a court for the offence, the police officer may, by written notice given to the chief executive, refer the offence to the chief executive for a restorative justice process.

However, the police officer may make the referral only if—

the child indicates willingness to comply with the referral; and

having regard to the deciding factors, the officer considers—

a caution is inappropriate; and

a proceeding for the offence would be appropriate if the referral were not made; and

the referral is a more appropriate way of dealing with the offence than starting a proceeding.

The deciding factors for referring an offence to the chief executive for a restorative justice process are—

the nature of the offence; and

the harm suffered by anyone because of the offence; and

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

The police officer must inform the child—

generally of the restorative justice process and potential consequences for the child of failing to properly participate in the process; and

that the making of a restorative justice agreement will form part of the child’s criminal history.

If the referral is accepted by the chief executive, the chief executive must give written notice of the acceptance to the police officer and the child.