Youth justice conferencing referral and representation
Youth justice conferencing is a restorative diversion that brings the young person, victim, and support people together to agree an outcome plan. In NSW it is available under the Young Offenders Act 1997; in Queensland under the Youth Justice Act 1992.
This is an 8-step workflow for securing and participating in a restorative youth justice conference for a young person charged with a criminal offence.
Before you start
- Young person aged 10-17 at the time of the offence
- Admission of the offence (not a plea of guilty at law)
- Matter falling within the schedule of eligible offences
- Informed consent from the young person and parent/guardian
The workflow
Confirm eligibility
Check whether the offence is within the conferencing schedule — most property and personal offences qualify but serious indictable matters, sexual offences, and breach of AVO often do not.
Take instructions and explain the process
Explain the restorative process to the young person and their parent/guardian. Confirm admissions are genuine and that consent is informed. Document the admission.
Seek a specialist youth officer referral
In NSW, request a Specialist Youth Officer referral from police. In Qld, request a court referral from the magistrate on the first mention, or a police referral pre-charge.
Prepare the young person for the conference
Walk through what will happen — victim participation, opportunity to apologise, outcome plan options. Help them articulate responsibility and proposed reparation.
Liaise with the convenor
The youth justice convenor will contact the young person's representative. Provide any relevant background, mental health information, and cultural considerations.
Attend the conference
Attend as a support/advisor but do not dominate. The young person speaks directly to the victim. Assist only on legal clarification and outcome plan drafting.
Review and sign the outcome plan
Review the proposed outcome plan (apology, reparation, community work, counselling). Ensure it is proportionate and realistic for the young person to complete.
Monitor compliance and report back
Support the young person through outcome plan completion. On successful completion, the charge is dealt with without conviction. On non-completion, the matter returns to court.
What you will have at the end
A completed outcome plan resulting in the charge being dealt with without a conviction on the young person's record, preserving their prospects.
Common issues
- Referral refused where the young person does not fully admit the offence
- Schedule of offences excluding matters involving family violence or weapons
- Victim declining to participate, limiting the conference format
- Outcome plans that are unrealistic and set the young person up to fail
- Not following up after the conference, leading to unnoticed breach
Run this workflow on a real matter
Quillio drafts referral letters to police and court, and produces proportionate outcome plan templates tailored to NSW and Qld conferencing frameworks. See /practice-areas/criminal-lawyers.
This workflow is a general guide. Youth justice conferencing schemes differ between states — adapt the referral pathway to your jurisdiction.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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