In 2022 we have advocated for restorative justice to be included in the National Plan to End Violence Against Women and Children, as the Draft Plan made no mention to restorative justice. We are very pleased that the amended National Plan which was formally launched on 17 October includes a number of references to restorative justice and it’s suitability as a response to sexual and family violence. Notably, the Plan states:
“…Justice responses should also seek to accommodate the different needs and interests of victim-survivors and employ, where appropriate and safe to do so, different forms of accountability for perpetrators. These might include community sanctions and restorative processes, alongside legal sanctions and perpetrator interventions…”

The importance of availability of access to restorative for people of all ages was also noted:

“…Restorative justice processes should also be available where appropriate to young people and children who have experienced violence. These processes can promote healing and provide victim-survivors with a validating engagement with the justice system…”

We were also pleased to see the Plan makes reference to the importance of specilasation:
” …these must be delivered by trained specialist services skilled in trauma-informed restorative justice processes…” page 64

Read the full National Plan to End Violence Against Women and Children here

Read the references to restorative justice in the National Plan here

You can read Transforming Justice Australia’s submission to the Draft National Plan here

We have joined the national campaign to #RaiseTheAge of criminal responsibility from 12 years old to at least 14, which would be consistent with the position taken by the United Nations.

A restorative position on incarceration is that children and young people belong in our community and in our schools, not behind bars.

We need better community supports to address harmful sexual behaviours in children and young people and to recognise that children who are responsible for harm, are often victims of complex harm too. We promote this advocacy position in our private and public platforms and support community led and based responses to sexual abuse and harmful sexual behaviours.

To join the Campaign to Raise the Age - sign the petition here

To read more about alternatives to prison click here

We have joined the campaign being led by Justice Reform Initiative that “Jailing is Failing” and that we need to see alternatives to incarceration and more restorative approaches to dealing with complex harms.

You can read more about the work of the Justice Reform Initiative here

You can sign the petition and support the Justice Reform Initiatives campaign here

NSW Government has proposed changes to domestic violence legislation which seek to criminalise coercive control in domestic or family violence matters. A number of advocates including Transforming Justice Australia, have expressed reservation about coercive control and the idea additional legislation is the best response to behaviours that are controlling, abusive and harmful in our communities. In principle, we oppose all forms of violence and abuse, yet in practice increased legislation and police powers can have the unintended yet foreseeable consequence of marginalising certain groups already over-represented in our justice system, and failing to to properly assist survivors of domestic and family violence.

In collaboration with NSW Women’s Alliance members, TJA has submitted a joint response to the NSW Government in elation to this issue. We have called for additional safeguards to support the introduction of this legislation including an independent body to be established to review this legislation and all policy, law and procedures which relate to survivors of sexual and family violence.

You can read the current Bill on coercive control here

You can review our joint submission here

In 2022 NSW Government proposed a five year plan to address sexual violence in NSW. Our advocacy drew attention to evidence base in support of restorative justice for sexual abuse, and the strong support that restorative has from parts of the community as a survivor-led and trauma responsive option. While we support many of the initiative and commitments in the Draft Plan, the omission of restorative approaches places NSW at odds with the Draft National Plan to End Violence Against Women and Children, and as one of the few Australian states without a clear developed position on restorative. In short, we wished to highlight the evidence and support for restorative both in Australia, and internationally.

Read the Draft Sexual Violence Plan 2022 - 2027 here

Read our submission to the Draft Sexual Violence Plan here

The law that enables victims and survivors of violence to access compensation, counseling and support in NSW was reviewed in 2022. The policy changes since 2013 have placed an unfair burden on survivors of violence to prove their injuries, and provide evidence to support their compensation claim. Lawyers and advocates can assists survivors with these applications, but for many people - the evidence standard places an unfair burden on them. In addition, to ask survivors of sexual abuse to prove they have been harmed is neither trauma-responsive or based on evidence. Our view is that if someone can establish they have been sexually assaulted, they should not have to also prove that they have suffered a psychological or physical injury.

Victims compensation has been identified by the United Nations as a right, and fair access to reasonable compensation and an equitable system is part of our advocacy approach.

Additionally, we advocated for a more flexible interpretation of ‘justice related expenses’ claims which enable victims to receive up to $5000 to cover their justice costs. We submitted that ‘justice expenses’ is not defined, and should include restorative approaches to justice issues.

You can read the current Victims Support and Rehabilitation Act 2013 here

You can read our submission to the legislative review here

You can read the Women’s Legal Services NSW submission to the review (which we endorse in our submission) here

Transforming Justice Australia had an article published in the NSW Judicial Commission Bulletin in August 2022. A copy of the articles is available by contacting info@transformingjustice.org.au