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New Restorative Justice Legislation in the Australian Capital Territory
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A recently passed bill will expand the use of restorative process in the Australian Capital Territory (ACT) beginning in 2005. The Crime (Restorative Justice) Act 2004 allows the use of conferencing in all stages of the criminal justice process from pre-trial diversion to parole. The act, passed in August, grows out of the government’s ACT Criminal Justice Strategic Plan 2002-2005 which included an examination of restorative justice options in the territory.
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Previous Editions
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2004
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November 2004 Edition
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New Court for Aboriginal Youth
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In late 2004, new legislation created a Children’s Koori Court in the Australian state of Victoria. The Children and Young Persons (Koori Court) Act 2004 augments 1989 legislation, which established specialized Children’s courts. With this new initiative, the government is attempting to create a less formal, more culturally relevant justice experience for young aboriginal offenders, their families, and community.
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Previous Editions
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2005
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February 2005 Edition
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Using Restorative Conferencing for Healing of Victims and Offenders in New South Wales
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The Restorative Justice Unit of the New South Wales Department of Corrective Services was established in 1999. It offers conferencing after the offender is in the custody of the Department. In the attached article, Kate Milner, manager of the Unit, provides an overview of its work with victim offender conferencing and of a new re-entry initiative.
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Previous Editions
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2006
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October 2006 Edition
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Juvenile Re-Offending after Family and Victim Offender Conferences
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In 2000, the Australian state of Northern Territory implemented a juvenile pre-court diversion scheme. Teresa Cunningham summarizes her research study into the scheme’s impact on re-offending.
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Previous Editions
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2007
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March 2007 Edition
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Diverting Young Adults from Prison in NSW
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The New South Wales (NSW) Bureau of Crime Statistics and Research recently released an evaluation report of a pilot community conferencing programme targeting young adults. The programme seeks to divert persons between the ages of 18 and 24 from prison to community conferences. The report discusses results from a survey of conference participants as well as interviews and focus group meetings with key stakeholders in Liverpool and Tweed Heads – the two local courts participating in the pilot programme.
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Previous Editions
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2007
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November 2007 Edition
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South Australia: Nunga Court II – Aboriginal Sentencing Conferences
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The Nunga Court of South Australia was established in 1999 to provide a culturally relevant sentencing option for Aboriginal offenders. 2005 legislation legitimizing the Nunga court required that victims be given the opportunity to participate in addition to the offender, elders, and community members. In response, the regional court in Port Lincoln is piloting an Aboriginal Sentencing Court incorporating elements of the Nunga Court model and restorative conferencing and sentencing circles from Canada. This article summarizes a paper by Dr. Andrew Cannon, Deputy Chief Magistrate and Senior Warden for South Australia, describing the new Aboriginal Sentencing Conferences. A link to the full paper is below.
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Previous Editions
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2007
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December 2007 Edition
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Evaluation of alternative dispute resolution initiatives in the care and protection jurisdiction of the NSW Children's Court
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from the report by Morgan, Boxall, Terer and Harris:
The post-conference surveys completed by parents and family members, legal representatives and Community Services Caseworkers and Managers Casework were analysed to determine participant satisfaction with the conference process and outcomes. There was a high level of satisfaction among parents and family members with the conference process, particularly in terms of having an opportunity to tell their side of the story, other people listening to what they had to say and being treated fairly. A number of parents and family members who participated in a conference said that it was the first time they felt that they had been given an opportunity to speak directly to the other parties and to express their point of view.
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Restorative Justice Online Blog -- RJOB
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Standing Committee on Education, Training and Young People. Inquiry into Restorative Justice Principles in Youth Settings: The Management of Bullying, Harassment, and Violence in ACT Government Schools
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This document from the Standing Committee on Education, Training, and Young People (part of the Legislative Assembly for the Australian Capital Territory) addresses bullying, harassment, and violence in schools under its jurisdiction. It explains how they work to counter those problems within the parameters of the National Safe Schools Framework and includes supplementary information on some of the programs present in schools.
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Standing Committee on Education, Training and Young People. Inquiry into Restorative Justice Principles in Youth Settings: Submission
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In response to an inquiry about how restorative justice principles are applied in schools, the Deputy Premier of the Ministry of Health Services describes a particular conferencing program in Tasmania.
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Standing Committee on Education, Training and Young People. Inquiry into Restorative Justice Principles in Youth Settings: Submission
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Jacinta Allan, Minister for Employment and Youth Affairs, describes some of the restorative justice programs implemented for juveniles in Victoria.
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