Restorative justice for people harmed by an adult
If you’ve been impacted by crime, you may be struggling to get a sense of justice or closure. If this is how you’re feeling, restorative justice may help.
Restorative justice gives you the opportunity to talk about what happened and the impact the crime has had on your life.
Through this process, you can have your voice heard and be actively involved in repairing the harm. It may help you move on with your life.
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Restorative justice conferences
A restorative justice conference is a voluntary meeting between you and the person who harmed you. Learn more about adult restorative justice conferences.
Support person
We encourage you to bring a support person to a conference. This could be a family member, friend or other supportive person.
Having a support person with you can help you feel reassured and comfortable during the process.
Support people are invited to speak about how they have been impacted too. This can help the person who harmed you understand that their actions have affected more than one person.
Meeting face-to-face is optional
You can send a representative or provide a victim impact statement instead of meeting face-to-face. You and the person responsible for the harm can talk through letters or emails facilitated by the convenor.
Watching what happens at a face-to-face conference may help you decide.
Before the conference
There are several things that happen before the conference, so it’s a positive experience for you.
The convenor will meet with you and the person who harmed you separately.
When they meet with you, they will:
- ask to hear your story
- explain the process—including who else can attend
- answer your questions.
It’s okay if you don’t want to talk to the person who harmed you about what happened. The main discussion will focus on the harm that has been done, and how they can repair it (called the outcome).
If you decide to go ahead, the convenor will help you prepare for the conference and think about what outcome you want.
When the convenor meets with the person who harmed you, with your permission they will talk to them about the outcome you’re hoping for.
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.
[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 you can ask for
The outcome you ask for must meet your needs, but it must also be safe, legal, achievable, and fair. It must be something the other person can do within 6 months.
Some common outcomes are:
- an apology
- a payment to acknowledge suffering and/or cover costs
- an agreement to attend counselling or other programs
- a promise that the behaviour will not be repeated
- 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.
Asking them to pay your costs
You can ask the person who harmed you to pay your costs. They would need to agree to cover them.
You will need proof of your costs, such as receipts, invoices, police reports, etc.
Some common out-of-pocket expenses include:
- medical bills
- counselling sessions
- missed work (must be verified by your employer)
- cost of repairing or replacing damaged property
- replacing money that was stolen.
If they can’t pay
You can contact Victim Assist Queensland (VAQ). VAQ can tell you about support services, victims’ rights and financial assistance. They may be able to help you with your costs.
You can continue with restorative justice if you get help from VAQ.
At the conference
When you meet with the person who harmed you, the convenor will guide the conversation. They will make sure you are heard.
You can:
- tell your story in your own words
- tell the other person how their behaviour affected you
- ask questions about the incident
- express your feelings, with support from family or friends
- reduce any fears of future harm
- receive an apology
- make an agreement about how to repair the harm
- get some closure.
The other person will also have a chance to talk about what happened. They will answer your questions. They are expected to take responsibility for what they’ve done.
Restorative outcome plan
If you both agree on the outcome, you can create a written agreement together.
The agreement is called a Restorative outcome plan. It will outline what has happened in the conference and what the person who harmed you will do to make amends.
The agreement is not legally binding, but it is monitored by the convenor.
Forgiving them is your decision
Restorative justice is about healing and moving forward. You can decide how that happens for you.
What happens at a face-to-face conference
[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.
The person who harmed you must do what they agreed to do. They may need to provide evidence.
Once they have done this, the referring agency will be told.
More information and support
Learn more about:
- adult restorative justice conferences
- young offenders’ restorative justice conferences
- restorative justice contacts.
For help in a crisis, find emergency and crisis support.
You can also find:
