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Restorative justice is a process that brings together all parties affected by an offence to collectively resolve how to deal with its aftermath and implications for the future. In Australia, restorative justice practices have been implemented to address the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system. While some states such as Queensland and South Australia have well-established restorative justice programs, this paragraph aims to explore and discuss which other Australian states offer restorative justice for Aboriginal communities and the impact of these initiatives.
| Characteristics | Values |
|---|---|
| States offering restorative justice for Aboriginals | Queensland, New South Wales, Victoria, and South Australia |
| Restorative justice projects in Queensland | Mornington Island and Aurukun Restorative Justice Projects |
| Restorative justice projects in Victoria | Lotjapadhan Restorative Justice projects |
| Restorative justice initiatives in South Australia | Aimed at adult offenders, started in 1999 |
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What You'll Learn
Restorative justice in Queensland
Queensland has well-established restorative justice programmes for justice-involved youth and adult offenders, including two projects in remote Aboriginal communities: the Mornington Island and the Aurukun Restorative Justice Projects.
Restorative justice is an evidence-based response to criminal behaviour that is recognised internationally. It views a criminal offence as more than an act of breaking the law and examines the impact on society, the harm caused to the victim, family relationships, and the community. Restorative justice conferences are meetings between a child who has committed a crime and the people most affected by that crime. The conference provides a safe environment for everyone involved in a crime to talk about what happened and what needs to happen to start making things right.
In Queensland, restorative justice processes are being used to reduce the overrepresentation of Aboriginal and Torres Strait Islander children in the justice system by diverting children from court to restorative justice conferences. The restorative justice process requires effort and participation from the child, which differs from traditional justice responses. It has proven to be an effective strategy to reduce reoffending.
A conference usually takes 2 hours. If the victim and child reach an agreement, they sign a legally binding contract listing what the child has agreed to do. If the child fails to comply, further action may be taken against them.
The majority of victims who have participated in a restorative justice conference have said they would recommend the process to other victims.
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Restorative justice in South Australia
Restorative justice is a process that brings together all parties with a stake in a particular offence to collectively resolve how to deal with the aftermath of the offence and its implications for the future. It is a form of relational justice that serves the needs of victims of crime, offenders, and communities, departing from more punitive responses.
In Australia, restorative justice practices have been embraced for young Aboriginal and Torres Strait Islander offenders, with Queensland being a notable example of a state with well-established restorative justice programmes for justice-involved youth and adult offenders. These include the Mornington Island and the Aurukun Restorative Justice Projects.
South Australia, however, has a different landscape when it comes to restorative justice. While there is support for restorative justice measures for adult offenders across a broad range of offences, South Australia does not currently offer restorative justice programmes for non-Aboriginal and Torres Strait Islander (ATSI) adult offenders. This is in spite of the fact that judicial officers in the state would welcome the introduction of such programmes, citing their potential benefits for victims, offenders, and the community.
A survey of judicial officers in South Australia revealed that 67% perceived restorative justice to be an effective approach for addressing family violence, violent crimes, and property crimes. However, concerns have been raised regarding victims' safety and the additional time and resources that restorative justice processes may require.
Overall, while South Australia has shown a positive outlook towards restorative justice, particularly for adult offenders, the state has yet to fully implement these programmes for non-ATSI adults.
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Restorative justice in New South Wales
Restorative justice is a process that brings together all parties with a stake in a particular offence to collectively resolve how to deal with the aftermath of the offence and its implications for the future. In Australia, the term First Nations Peoples refers to the many nations of Aboriginal and Torres Strait Islander Peoples.
In New South Wales (NSW), the Restorative Justice Service is managed by the NSW Department of Communities and Justice. The service has been in operation since 1999, and all the restorative justice facilitators have received specialised training. The purpose of the service is to provide those who are eligible with the opportunity to take part in a safe and voluntary restorative justice process.
The main purpose of a legal process is to ensure that any finding of legal guilt is evidence-based, that any sentence is fair and proportionate, and that violations of the law are denounced in a public arena. However, even after this work has been completed, a range of other issues may remain. For example, victims may have questions about matters that never came up or were never adequately explained within the investigation or judicial process. They may need to talk freely and openly about the impact that the crime has had on their lives without worrying about the legal parameters of what they can or cannot say. They may feel that their experience and loss have still not been heard or acknowledged by the person responsible for the crime, and that they have yet to see any remorse or hear an apology.
Restorative justice gives victims the chance to meet or communicate with their offender to explain the real impact of the crime, empowering them by giving them a voice. It also holds offenders accountable for their actions, helping them to take responsibility and make amends. Restorative justice often involves a conference where the victim meets the offender face-to-face. Sometimes, when a face-to-face meeting is not the best option, the victim and offender communicate via letters, recorded interviews, or video instead.
In NSW, the restorative justice process is voluntary, and participation will not impact the sentence, security classification, or parole of the person responsible for the offence. This means that a restorative justice process can only take place after the person responsible has been sentenced and once any appeal or civil action has been finalised. Depending on the circumstances, the process can be held while the person responsible is serving a custodial sentence, on parole, or after their order has expired.
The Lotjapadhan Restorative Justice projects in the Hume and Eastern Metropolitan regions of Victoria are examples of restorative justice initiatives for Aboriginal communities. In Queensland, there are well-established restorative justice programmes for justice-involved youth and adult offenders, including the Mornington Island and Aurukun Restorative Justice Projects in remote Aboriginal communities.
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The Lotjapadhan Restorative Justice projects
Restorative justice practices are an alternative to prosecution in serious cases. They aim to address the overrepresentation of First Nations Peoples in Western criminal justice systems. In Australia, the term First Nations Peoples refers to the many nations of Aboriginal and Torres Strait Islander Peoples.
The Lotjapadhan projects have been impacted by COVID-19, with additional pressures placed on the capacity of Aboriginal organisations. However, in 2022, an additional investment of $200k over two years for each project was secured, providing flexible funding to support the delivery of the projects in line with local priorities.
In the Hume region, the focus is on workforce development, learning, and capacity building. Meanwhile, in the Eastern Metropolitan region, a targeted Expression of Interest process was conducted in mid-2022 to allocate funding for the Lotjapadhan project.
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Restorative justice for adult offenders
Restorative justice is a process that brings together all parties affected by an offence to collectively resolve how to deal with its aftermath and implications for the future. In Australia, restorative justice practices have been implemented to address the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system. While these practices have been widely adopted for young offenders, programs for adult offenders have been slower to progress.
In South Australia, restorative justice initiatives for Aboriginal and Torres Strait Islander adult offenders were first introduced in 1999 and have since expanded. These programs aim to deliver a culturally appropriate process, reduce barriers between Indigenous communities and the courts, increase awareness of the impact of offending on these communities, and address recidivism. They are designed as informal and culturally specific interventions, involving the participation of Aboriginal Elders who can offer sentencing recommendations. However, South Australia does not currently offer restorative justice programs for non-Indigenous adult offenders.
Queensland is another state with well-established restorative justice programs for adult offenders, including projects in remote Aboriginal communities such as Mornington Island and Aurukun. In 2000, the Labor Beattie Government signed the Aboriginal and Torres Strait Islander Justice Agreement, aiming to reduce the incarceration rates of Indigenous peoples by 50% by 2011 and address the disparity between Indigenous and non-Indigenous incarceration rates.
The benefits of restorative justice processes are also recognised in New South Wales, where the NSW Department of Communities and Justice has been offering restorative justice services since 1999. These services provide a safe and voluntary process for those affected by an offence to ask questions, express how they have been impacted, and seek amends from the offender. Similarly, Victoria has invested in the Lotjapadhan Restorative Justice projects, which aim to deliver a culturally specific restorative justice response for Aboriginal people.
Overall, restorative justice for adult offenders in Australia, particularly for Aboriginal and Torres Strait Islander peoples, seeks to address the harms arising from criminal conduct and reduce their overrepresentation in the justice system. While there has been progress in some states, the expansion of these programs for adult offenders has been gradual, with considerations given to victims' safety and the allocation of resources.
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Frequently asked questions
Queensland, New South Wales, and South Australia are some of the states that offer restorative justice for Aboriginals.
Restorative justice is a process that brings together all parties with a stake in a particular offense to collectively resolve how to deal with the aftermath of the offense and its future implications.
Restorative justice seeks to address the harm arising from criminal conduct, with a focus beyond punishment. It helps reduce the overrepresentation of First Nations Peoples in the criminal justice system and encourages the involvement of First Nations communities.
