Guide to restorative justice

Part of the Mediation and training topic

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In short

A restorative justice conference gives a person harmed by a crime and the person who caused harm a chance to talk about what happened. It allows the opportunity for repair of the harm to happen.

What you should know

The process is free, confidential and offers an alternative to traditional justice processes.

You don't have to participate in a conference if you don't want to. It will only go ahead if both parties are willing to take part.

You can also change your mind about participating at any time.

Matters that suit restorative justice conferencing

Restorative justice conferencing is suitable for certain types of cases, such as:

• theft
• fraud
• stalking
• assault occasioning bodily harm
• grievous bodily harm
• unlawful use of a motor vehicle.

Some cases are not suitable for conferencing, including:

• those involving sexual violence or assault
• domestic violence
• child complainants
• gender-based violence
• contraventions of domestic violence orders (DVOs).

Who can attend

People who can attend a restorative justice conference are the:

• person harmed
• person who caused harm
• support people for both parties
• convenor (trained facilitator)

Other participants may attend if both parties agree.

Before the conference

The convenor will meet separately with both parties and:

• listen to each person's story
• help them to prepare for the conference
• explain the process, including who can attend
• answer any questions
• discuss potential outcomes.

Both parties must agree on an outcome for the conference to proceed.

During the conference

The conference is facilitated by the convenor and usually takes about 90 minutes.

Both parties have an opportunity to discuss:

• what happened
• how they were impacted
• what needs to be done to make things right.

The person who has been harmed has an opportunity to:

• talk about what happened and the impact it had on their life
• be actively involved in repairing the harm
• ask for an outcome, which may include
• an apology
• payment to acknowledge suffering and/or cover costs
• an agreement to attend counselling
• a promise that the behaviour will not happen again
• a donation to charity.

The person who has caused harmed to has an opportunity to:

• talk to the person they have harmed
• take responsibility for their actions
• try to make amends.

The person who caused harm will have to:

• listen to what the person who has been harmed has to say
• think about the choices they've made
• understand how their behaviour has affected others
• take steps to put things right.

After the conference

If an agreement is reached

If both parties agree on an outcome, they will create a written agreement. This is called a Restorative outcome plan.

The plan includes:

• what was discussed at the conference
• what the person who caused harm will do to make amends.

The plan is not legally binding. The convenor monitors the plan to help make sure the agreed actions get completed.

The convenor will tell the referring agency that the conference has taken place. This may include the police, prosecutor or court.

If both parties agree, the convenor will also give the referring agency a copy of the plan.

The person who caused harm must complete the agreed actions. They might need to provide proof that the actions are complete.

Once the actions are completed, the referring agency will be notified.

If an agreement is not reached

If an agreement can't be reached, the convenor will try to help both parties find another solution.

If this is not possible, the matter will be closed and returned to the referring agency.

More information

For more information about restorative justice conferences contact:

Department of Justice
Phone: (07) 3031 6676
Email: ARJC@enquiry@justice.qld.gov.au