Understanding if restorative justice is right for you and connect you to people to help in your community.
You can apply to start your journey
There is a network of restorative justice providers across the country. You, or a representative can apply to use restorative justice to help you move forward through this process. By connecting with the provider in your court, you can start that conversation.
Providers can help you talk to your lawyer
It's a good idea to talk to your lawyer about restorative justice early in the process. Sometimes people are not sure how to do this. Get in touch with a provider and they can help start the conversation so you can talk to your lawyer about whether restorative justice is right for you.
Support available for you
It is important that cultural and communication support is included at the outset. Please discuss this with your Restorative Justice provider when you first make contact.
What law does Restorative Justice exist under? - Section 24A (Sentencing Act)
24A Adjournment for restorative justice processes in certain cases
(1) This section applies if:
(a) An offender appears before a District Court at any time before sentencing, and
(b) The offender has pleaded guilty to the offence; and
(c) There are one or more victims of the offence; and
(d) No restorative justice process has previously occurred in relation to the offending; and
(e) The Registrar has informed court that an appropriate restorative justice process can be accessed.
(2) The court must adjourn the proceedings to:
(a) Enable inquiries to be made by a suitable person to determine whether a restorative justice
process is appropriate in the circumstances of the case, taking into account the wishes of the
victims; and
(b) Enable a restorative justice process to occur if the inquiries are made under paragraph (a) reveal
that a restorative justice process is appropriate in the circumstances of the case.
Restorative Justice is not used in every case
There are many reasons why a case may not use restorative justice. At the forefront of this, is that the process is voluntary, and it is safe. It is important to note, that in pre-sentence restorative justice, the judge has the final say on if it will be referred, and conversations will occur between yourself and the facilitator, other stakeholders and the facilitator before all is agreed to proceed to a conference.
