39   Constitution of circle sentencing group

(1)  A circle sentencing group for a referred offender must include the following persons:

(a)  the presiding Magistrate,

(b)  the offender,

(c)  the offender’s legal representatives (unless the offender directs otherwise),

(d)  the prosecutor,

(e)  the Project Officer,

(f)  at least 3 Aboriginal persons (but no more than the maximum number of persons specified in the guidelines) chosen by the Project Officer, being persons who the Project Officer is satisfied belong to the Aboriginal community of which the offender claims to be part or with which the offender claims to have a close association or kinship.

(2)  A circle sentencing group convened by a Project Officer may (but need not) include the following persons:

(a)  any victim of the offender’s offence who consents to participate in the group,

(b)  a support person for any such victim chosen by the victim,

(c)  a support person for the offender chosen by the offender,

(d)  any other person or persons chosen by the Project Officer, but only with the consent of the offender and, if a victim is participating, the consent of the victim.

(3)  A member of a circle sentencing group may object to the participation in the group of a person chosen by the Project Officer for the purposes of subclause (1) (f) or (2) (d). The presiding Magistrate is to determine any such objection.

(4)  The presiding Magistrate may invite any other person of a class specified by the guidelines to attend a circle sentencing group.

(5)  The guidelines may specify whether that person may or may not participate in the circle sentencing group.