Restorative justice for adults who have caused harm

If you’ve done the wrong thing and you’re facing criminal charges, you might not know where to turn or how to make things right. If this is how you’re feeling, restorative justice may help.

Restorative justice gives you the opportunity to talk to the person you harmed, take responsibility and try to make amends. It can help you get back on track and be the person you want to be.

Restorative justice conferences

A restorative justice conference is a voluntary meeting between you and the person you have harmed. This can be hard, but it can help you make different choices in the future. Learn more about adult restorative justice conferences.

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 encourage you to take responsibility and put things right.

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.

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
  • take responsibility for your actions
  • be willing to find an acceptable way to make amends.

Whether participating affects the charges

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

Before the conference

There are several things that happen before the conference, so it is helpful and supports healing.

The convenor will meet with you and the person you harmed separately.

When they meet with you, they will:

  • talk to you about what happened
  • explain the process—including who else can attend
  • answer your questions.

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).

You and the other person will need to agree on an outcome for the conference to go ahead. Once you have, the convenor will set up a time for the conference.

Duration 00:02:23

[On screen text] What happens before a restorative justice conference?

Andrew Robinson, Adult Restorative Justice Conferencing Convenor: There's a number of steps before actually bringing the people together.

And we need to be absolutely certain, of course, that the conference isn't going to cause any further harm.

Kirsten Eades, Executive Director, Community Justice Services, Department of Justice: There's a lot of work that goes into the process before the session goes ahead and that's mainly with the parties separately.

And it's talking through what their concerns are, how they're feeling, what it is that they want to discuss at the conference. Perhaps what it is that they don't want to discuss. Are there certain places they don't want to go with that conversation. And really preparing them for, you know, this is what it looks like on the day so that they're not walking into a space where they feel uncomfortable.

Andrew: So the first step is inviting people in for an initial interview with us so that we can elaborate on what's involved in the process, find out from them what happened from their own perspective, find out how they were impacted and what sort of outcomes that they might be seeking.

And then for the person that caused the harm, it's finding out whether they're able to meet the needs of the people that they've harmed.

Once we've done that, we help the parties agree in principle to the outcomes of the conference. So, what can be done to repair the harm. And once we're certain of those details, we'll work with the parties to try to set down a day and time and location to bring them together for the conference.

So it's common that, you know, we can sometimes check in with people 3, 4, maybe 5 times. As many times as it takes to make sure that they're prepared.

We're very careful to identify supports that the participants need. So, what we'd be doing if you're a participant of the conference, is encouraging you to bring a support person. So mum, dad, another family member, a close friend. Sometimes people bring their counsellors.

Kirsten: Often, you know, parties will say that they felt very, very prepared for the session because the convenors spent a whole lot of time with them prior to and in the lead-up to the session taking place to really prepare them and to make them feel at ease about participating.

[On screen text] For more information visit www.qld.gov.au/adultrestorativejustice

Outcomes the person harmed can request

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

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 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.

At the conference

You’ll need to take responsibility and acknowledge the impact of your actions at the conference.

You can talk about how and why the incident happened. The other person may also talk about the incident and describe how it has impacted their life. They might want to ask you questions.

You will need to:

  • listen to what they have to say
  • think about the choices you’ve made
  • understand how your behaviour has affected others
  • take steps to put things right.

It may be uncomfortable to hear about the harm you caused, but it’s important to listen so everyone can heal and move forward.

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.

What happens at a face-to-face conference

Duration 00:03:54

[On screen text] What happens during a face-to-face restorative justice conference?

Andrew Robinson, Adult Restorative Justice Conferencing Convenor: Conferences can take place really in any suitable venue that's safe and private and accessible.

It's a community process and so it's ensuring that the participants are safe and comfortable with the location of the conference.

Kirsten Eades, Executive Director, Community Justice Services, Department of Justice: There's also different ways they can participate. So, they may come to a face-to-face session, or they may come via video conferencing or by telephone. They may not attend at all. They may have someone represent them or they may provide a statement that can be read on their behalf.

[On screen text] What happens when participants arrive at the conference?

Andrew: So, the conference is when the actual meeting of the people that are involved happens. And so, what you'll expect is that you'll know the location that it's happening at, you'll know who's attending the conference, and you'll already know what the outcomes are.

[On screen text] Private pre-conference check-in

Andrew: On the day of the conference, we check in with the parties individually before bringing them into the conference. Just to give them an opportunity to speak with us in private before the conference begins. After that, that's when we bring people together in the conference space.

[On screen text] Introductions

Andrew: We get everybody seated. We then facilitate introductions, so everyone knows who each other is, make a few remarks that deal with the formalities of the occasion, and then we help people to discuss what happened.

[On screen text] Convenor guides the conversation about what happened

Andrew: The way that we do that is everyone has a chance to speak in turn without interruption. It's usual that we would start with the person that caused the harm, because we know that that's an important step in accounting for what they've done in the presence of the people they've harmed.

The important thing is, while they're speaking everyone else remains silent and listening because after they've finished, then the person who's been harmed has an opportunity to talk about what happened from their perspective.

[On screen text] Support people can share their views

Andrew: We also like to include support people. And so, when it's their turn, we might ask them things like, you know, when did you find out about what happened? What impact did you see it have on your loved one? And what are your hopes for the future?

[On screen text] Focus on the future

Andrew: After everyone's had an opportunity to talk about the incident that brought them together, we then change the focus towards the future. And we usually do that by crossing back over to the person who's caused the harm and asking, is there anything you'd like to say at this time?

And that's their cue to offer an apology and any other reflections that are constructive that they have about what’s happened.

[On screen text] Finalise the outcomes

Andrew: After that, that’s where we help solidify the outcomes that the people have already agreed to in principle.

We formalise that by putting it in writing and then that really signals the conclusion of the conference process. However, if there are steps that the person responsible has agreed to take, then we'll work with them for a short period of time after the conference to help them fulfil what's happened.

We then report to the agency that referred it. So whether that's the police or the Director of Public Prosecutions, we let them know the outcome of the conference and then we withdraw from the process.

[On screen text] For more information visit www.qld.gov.au/adultrestorativejustice

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 agreed to do—you may need to provide evidence. Once you have done this, the referring agency will be told.

More information and support

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