Restorative justice for adults who have caused harm

When you’ve done the wrong thing, you might not know where to turn or what to do to make things right. You may be charged with a criminal offence, face going to court, or have already been convicted of a crime.

Although you can’t undo the past, you can take responsibility for your actions and try to make amends for what you’ve done.

Restorative justice helps you to speak with the person you have harmed. This can be hard. However, it can help you understand more about yourself and how you can make different choices in the future.

Restorative justice can also help you get back on track and be the person you want to be. Many people who do restorative justice say they feel better about themselves afterwards.

Restorative justice conferences

A restorative justice conference is a voluntary meeting between you and the person you have harmed. It’s a place where you can talk about what happened.

Learn more about adult restorative justice conferences, including what they are and who can attend.

At a restorative justice conference, you have a chance to:

• own up to what you’ve done
• think about the choices you’ve made
• face the damage you caused by hearing from the person you have harmed
• accept responsibility for your actions
• understand how your behaviour has affected others
• take steps to put things right.

Support person

You’re encouraged to bring a support person with you. This could be a family member, friend or community elder.

Your support person can help you feel more comfortable during a conference. They can give you the encouragement you might need to take responsibility for your actions and put things right. The important people in your life may have been surprised or disappointed by your behaviour. A conference can play a part in healing those relationships too.

What is said can’t be used against you

Restorative justice is confidential. What you talk about before and during the conference is private. It will not be disclosed to any other parties without your consent, unless required by law.

Before the conference

The convenor will meet with you to talk about what happened. They will explain the process and answer your questions. They will also tell you who else can attend the conference.

If you decide to go ahead, they will help you prepare for the conference. This includes thinking about what you would agree to do to repair the harm (called the outcome). It is important both people clearly understand the expected outcomes before the conference begins.

A conference will only take place if all parties agree to be involved.

What you can be asked to do to repair the harm

The person you harmed will tell you what they need to make things right. This must meet their needs, but it must also be safe, legal, achievable, and fair. It must be achieved within 6 months.

You will need to agree on the outcome for the conference to go ahead. Some common outcomes are:

• an apology
• a payment to acknowledge suffering and/or cover costs
• an agreement that you will attend counselling or other programs
• a promise that you will not repeat the behaviour
• a donation to charity.

If you can’t agree on an outcome

If you and the person you harmed cannot agree on an outcome, the convenor will try to help you both find another solution. If this is not possible, we will close your matter and return it to the referring agency.

If you don’t agree with the charges

You will need to agree to the basic facts of the case to take part in restorative justice. You must acknowledge you have caused harm and take responsibility for your actions. You need to be willing to find an acceptable way to make amends.

Will participating affect the charges

This is a matter for the agency that refers you. You may wish to speak with the referrer or get legal advice.

At the conference

At the conference, you’ll need to take responsibility for what you’ve done. You must also acknowledge the impact it has had on the person you have harmed.

During the session, you can talk about how and why the incident happened. The other person will also talk about the incident and describe the impact it has had on their life. They might want to ask you questions.

It may be uncomfortable to hear about the harm you caused. However, it is important to listen to what the other person has to say.

Restorative outcome plan

If you and the person you harmed can agree on an outcome, you can create a written agreement together at the conference.

The agreement is called a Restorative outcome plan. It will outline what has happened in the conference and what you will do to make amends.

The agreement is not legally binding, but it is monitored by the convenor.

After the conference

The convenor will tell the agency that referred you that the conference has taken place. With consent from you and the other person, they will provide the referrer with a copy of the Restorative outcome plan.

You must do what you have said you will do. You may need to provide evidence of the things you’ve done. Once you have done what you agreed to do, the referring agency will be notified.

Support services

13YARN

13YARN is a national crisis support line for mob who are feeling overwhelmed or having difficulty coping. Yarn with an Aboriginal or Torres Strait Islander Crisis Supporter.

Call 13YARN (13 92 76).

Suicide Call Back Service

Suicide Call Back Service is a free nationwide service providing 24/7 phone and online counselling to people affected by suicide.

Call 1300 659 467.

More information

Learn more about:

• adult restorative justice conferences
• young offenders’ restorative justice conferences
• restorative justice contacts.