About adult restorative justice conferencing

Restorative justice is an internationally recognised evidence-based response to criminal behaviour, which views a criminal offence as more than an act of breaking the law. It examines the harm caused to the victim, family relationships and the community.

Restorative justice provides an opportunity for the victim to tell their story and to hold the person who caused the harm accountable for their actions.

It also provides an opportunity for the person who caused the harm to take responsibility for their actions and take steps towards repairing that harm.

An adult restorative justice conference (formerly called justice mediation) is a facilitated meeting between the person who has caused harm and the people most affected by it.

The conference is run to discuss:

• what happened
• the effects of the offence
• repairing the harm caused to the victim.

Purpose of the conference

The conference provides a safe environment for the person who caused the harm and those affected by it to talk about:

• what happened
• what needs to be done to make things right.

The conference gives victims the opportunity to talk about the harm caused by the offence and have their questions answered by the person responsible.

The person who caused the harm has the chance to take responsibility and begin to understand the impact of their actions.

The conference also provides an opportunity for the parties to reconnect, maintain or strengthen their relationships with their communities of support (i.e. family, friends and other support), who will usually also attend the conference.

The community of support will also have an opportunity to discuss how they have been impacted by the offence.

Working together, the parties can determine what the person who has caused the harm needs to do to make things right in a way that is meaningful for the victim.

How restorative justice conferencing works

Participation in adult restorative justice conferencing is always voluntary.

The court, police, prosecutor or corrective services can refer people to conferencing. Victims, defence solicitors and barristers can also suggest it.

Conferencing is most commonly used for offences heard in a magistrates court, such as stealing, assault, fraud, wilful damage and unlawful use of a motor vehicle. It might also be used for more serious offences, depending on the situation.

A conference usually occurs before a court hearing or sentencing, but can happen at any stage of the criminal justice process.

Before the conference

Before the day of the conference, our staff will meet with the person who caused the harm, the victim, and their communities of support.

These meetings are to assess the matter to make sure it is suitable for a conference, and that no further harm is likely to result from the conference.

During this meeting, we will discuss the conference, including:

• the process
• who else will be present
• what the person may want to share
• what might happen.

We will also help parties consider what might need to be done to repair the harm. Our staff can also answer any questions you may have.

Who attends the conference

Conferences are usually attended by:

• the convenor, who is an accredited mediator appointed under the Dispute Resolution Centres Act 1990
• the person who caused the harm
• the victim
• the parties’ respective communities of support.

Other people who may attend include:

• other people from the parties’ families or communities of care who have been affected or can provide support
• a representative of the victim
• counsellors
• a police officer
• a person from an organisation that provides community support
• a well-respected member of the community (especially important for people from Aboriginal and Torres Strait Islander communities. This may include local elders or the community justice group).

What happens at the conference

The convenor helps everyone talk about what happened, how they were affected and how they feel about it. They then facilitate the negotiation of an outcome between the participants.

Remaining impartial, the convenor helps the participants determine an outcome that:

• meets the needs of the victim
• is achievable
• is safe and legal
• can help to start repairing the harm caused by the offending behaviour.

This may involve the person who caused the harm:

• returning stolen property
• agreeing to do something for the victim, such as paying for losses incurred or repairing damage resulting from the offence
• apologising
• providing assurance that the offence will not be repeated
• attending counselling or enrolling in special courses to address the causes of the behaviour.

There may be any number of meaningful steps the person who caused the harm can take toward repairing that harm.

If the parties can agree on what can be done, they can sign an agreement that reflects:

• what happened at the conference
• who will do what and by when.

A conference usually takes about 2 hours.

After an agreement is reached

After the conference, we let the referrer know that the restorative justice conference has occurred.

With both parties’ consent, we provide a copy of the agreement to the referrer so they can see if and how the parties have finalised the matter.

If there are things to be done after the conference, we will monitor these for compliance.

Where the matter is before a court, the referrer will decide the best way to proceed, including whether the court process should continue or what impact this will have on the sentence imposed.

More information

Learn more about conferences:

• for a victim
• for a person charged with or convicted of an offence
• when the offence was committed by a child.