Restorative justice conference process

The convenor is a neutral facilitator who organises and runs the conference. They assist attendees to prepare for the meeting, ask questions to help people share their stories, and work out an agreement that is fair and lawful.

The victim can choose to attend the conference in person, submit a statement or recording, or a representative can attend on their behalf.

The person harmed can bring a family member or someone else to support them through the process. This person may also speak about the impacts of the offence.

The young person must take responsibility for what they have done, listen to how it has affected everyone involved, work out how they can try and repair the harm and carry out the terms of the agreement.

We recommend that the young person bring a family member or guardian to support them throughout the process. The support person can share:

• how the offence has impacted those close to the young person
• what they think the young person can do to make up for the harm caused
• how the young person can make better choices in the future.

When Aboriginal or Torres Strait Islander participants are involved in a conference, Elders, community justice group members or other respected members of the community may be invited to speak about the impacts on the local community and their thoughts on how the harm can be repaired. Other community representatives, such as service providers and legal representatives, can attend if the victim or young person asks them to support or the convenor decides they will add value to the conference or agreement.

The role of a police officer is to share how the offence has impacted the community and the consequences for the young person if the offending continues. They can also contribute to the agreement.

The referral is sent to one of the 17 restorative justice teams across the state. The team will allocate the referral to a convenor and send participants a letter to let them know the referral has been received.

The convenor will call the person harmed and the young person (usually via their parent or guardian) to:

• confirm the young person has received a referral for a restorative justice conference
• discuss support options for participants as required
• answer questions about the restorative justice process
• make a time to meet in person to discuss and progress the conference.

The convenor meets separately with the young person and the victim prior to the conference to ensure questions about the process are answered, both parties are aware of their rights, and that each party can make informed decisions about participation in the conference.

Convenors understand that the impacts of crime are often very serious and the emotions can be high as a result. Having the opportunity to share their feelings in a respectful way is often an important step towards healing. If the convenor decides that the participants are not ready to meet, they will help each party obtain the support they need to participate safely in a conference.

The young person must attend in person, however, other participants can discuss alternative means of participation, including:

• sending a representative
• writing a statement
• making a recording to be presented in the conference.

This allows each party to share their story and an agreement to be made without risking further harm.

If the convenor determines that the young person is unsuitable to meet with the person they harmed, the referral is to be returned to the referring police or court.

Conferences are scheduled during business hours, Monday to Friday, at a time that suits everyone. If it is difficult to attending during these hours, participants may have the option to attend via a video link. The convenor will also find a neutral place that works for all participants, such as a community centre. Conference details are confirmed by phone and letter.

The convenor will remind everyone that the conference:

• is to discuss
  • what has happened
  • what the impacts have been
  • what can be done to repair the harm
• must be respectful and personal details must not be shared outside of the conference
• can be paused at anytime for people to take a break.

The police officer reads out the offences and the young person:

• admits to the offences
• speaks about the circumstances leading to the offence, the offence and its aftermath
• shares what they think the impacts might have been.

The person harmed by the offence may choose to share:

• their experience of the offence
• the impacts on them and those close to them
• questions they have for the young person.

Their support person may also speak about the impacts.

The support person of the young person can share:

• what the impacts of the offence have been on them and those close to the young person
• some insight into the young person and their hopes for them.

Community Elder(s) or other community representatives often talk about the service they provide and how this may help the young person try and repair the harm. For example, if the young person talks about issues they are having with substance use, a drug and alcohol counsellor may be invited and offer sessions as an agreement outcome.

Similarly, when Aboriginal or Torres Strait Islander participants are involved in a conference, Elders or other respected members of the community may be invited to speak about the impacts on the local community, and how finding strength in cultural connections can help start the healing process.

The police officer can outline:

• more general impacts about the type of offence
• consequences for the young person if the offending continues
• if they made the referral, their hopes for sending the offence to restorative justice.

The young person will be asked to reflect on everything they have heard and learnt during the conference. They will also have an opportunity to express remorse.

The person harmed and other conference participants will also have an opportunity to share how they feel and if they would like to negotiate an agreement.

An agreement should:

• include how the young person can help repair the harm
• be meaningful to the person who has been harmed
• include suggestions from anyone at the conference
• be lawful, fair, achievable, culturally appropriate and no more severe than what a court would order
• be signed by the person harmed, young person, police officer and convenor.