Questions about restorative justice
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Restorative approaches respond to harm by focussing on the needs, hopes and wishes of the person or people who have been harmed.
A restorative process focuses on creating safe spaces for conversations or exchanges between those harmed, the person responsible, their family and community. In our practice, the survivor or person harmed decides who they would like to invite into the restorative process.
Restorative justice for us is about survivor-oriented justice and meaningful justice; it’s about creating a safety for the person harmed and a fair process for the person responsible.
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Restorative justice isn’t focussed on punishment, it is about the person harmed, and recognising their rights. Restorative justice is about holding the person who has caused the harm to be accountable, but in ways that are meaningful to the ensuring there is a fair process and safety.
Restorative justice is about:
repairing the harm caused by crime and wrongdoing.
ensuring that the people most affected by a crime or wrongdoing should be key to the resolution of the harm caused
understanding that crime and wrongdoing causes harm to individuals and communities.
By contrast, criminal justice:
excludes the people impacted from the justice outcome
views crime and wrongdoing as committed against the state and as a violation of law
seeks to determine guilt and impose punishment
We believe that survivors are experts in their lives and should have meaningful choices, and access to survivor-led restorative justice practices in the community
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Everyone’s motivation is different.
For the person harmed: to be heard and acknowledged, to get answers to their questions, to access support, and to regain power and control;
For those responsible: to be accountable to the person/s harmed, to access professional services to support their accountability and to learn about behavioural change for the future; accountability may lie with an individual, organisation or institution;
For communities and family members: to address the impact of the harm, to support the recovery and healing of the person harmed, to support the reflection and growth of the person responsible, and to aid in repairing fractured relationships and community rebuilding.
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We work closely with survivors who have experienced a restorative process, and we can help you speak with someone who can provide this information to you.
Some survivors and those responsible, have shared their story of restorative justice online:
Thames Valley Restorative Justice Service Survivor Stories
Interview with Ailbhe Griffiths
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Our services are private and confidential and you can get more information by emailing info@transformingjustice.org.au or calling 0493 552 653.
Information about restorative justice can help you understand your choices or it may help a family member or friend, either now or in the future.
We cannot call a survivor without their permission, but people responsible for harm or family and community members are welcome to contact us for information, advice and support.
All our practices are voluntary, confidential and free.
Transforming Justice Australia’s restorative justice approach
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Our approach has been developed based on emerging and established practices within Australia and overseas which are described as “survivor-oriented". Being survivor-oriented or led means that we won’t contact a survivor without their permissions.
We create a supportive space for all participants, including those responsible for the harm.
Our restorative practice is informed and guided by the following six principles:
Survivor-oriented: we are led by survivor’s voice, choice and wishes.
Trauma-informed: we recognise the impact of harmful events on individuals and communities. We seek to provide trauma-competent services, to enable safe participation for all people.
Accountability: we seek to create invitations to invitations to accountability.
Do no further harm: we prioritize the safety and well-being of participants.
Narrative approach: we use dialogue and storytelling as mechanisms to address harm and language that promotes accountability, hope and future planning.
Strengths- and community-based: we recognize people are experts in their own lives, and draw on solutions and capacities of the community.
Restorative process: we ensure restorative processes are voluntary, consent-based, participatory, and flexible to meet the survivor’s needs.
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Restorative justice facilitators support people to come together directly or indirectly, to address the impact of sexual abuse.
Restorative approaches can include:
• facilitated meetings between the people involved
• sharing and exchanging questions and information, and
• referrals for support and treatment for everyone.
Restorative practices provide a flexible framework and while our practices follow principles of voice and validation, dignity, accountability, respect, choice and hope - the process looks different for everyone.
We offer services in the community and alongside criminal legal system.
Our aim is to meet the needs of the person harmed and to address the issues arising from the harm, which can assist to heal the effects of crime.
Our model is survivor-focused and trauma informed.
We listen to the needs of the survivor and prioritize their needs and wishes throughout the process.
Our practices are voluntary and no one can be compelled to participate.
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We are a specialist restorative practice working with sexual abuse, harmful sexual behaviours and the impacts of abuse.
Sexual abuse is a broad term describing all sexual offences against adults and children including harmful sexual behaviour between children, as well as the spectrum of sexual behaviour and acts, including both contact and non-contact matters.
Sexual assault occurs when a person is forced, coerced or deceived into sexual acts against their will or without their consent and has a specific definition in criminal law.
We can accept referrals for both touch and non-touch offences, including the impacts of sexual abuse, such as family separation.
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We place the survivor (person harmed) at the centre of the restorative process.
We take time to listen to the survivor/person harmed, and build support so they can tell their story, be heard and supported by the people who are best placed to do this.
This means we also work with many professionals and community members including parents, siblings, family members, support people, community members and friends; and if the survivor wishes, also the person responsible
Our team have extensive experience working with sexual abuse matters including in community and within the criminal legal system. We work collaboratively to support the survivor and all participants and we have deep appreciation of the impacts of trauma, and the added barriers to support especially for people with disability, First Nations communities, young people, adults, LGBTIQ community, care leavers and culturally and linguistically diverse community members.
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We work collaboratively with specialist support services and professionals (such as disability, First Nations, CALD, youth, women specialist services) to support the physical, emotional, cultural and psychological safety of participants. Our practice is confidential and private, and doing no further harm underpins our approach. We take great care to ensure that our participants feel supported, respected and safe through the process. Our approach is flexible and voluntary, so participants can withdraw from the process at any time.
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Our team have deep experience working with the impact of complex trauma, especially in families, First Nations communities, young people, adults, LGBTIQ community, within institutional settings and with culturally and linguistically diverse communities.
Our strengths-based approach recognizes all people are experts in their own lives. We value the capacity, skills, knowledge, connections of all individuals and communities and recognise both learnt, lived and traditional ways of learning and knowing.
We recognise and value the participants and community members and we take time to understand each person so we can locate appropriate support, whether from professionals or community members. This may mean partnering with specialist organisations, Aboriginal controlled services, cultural and other specialists to scaffold support to ensure people feel safe and supported.
We are well placed to connect with other specialist organisations that can support the cultural, emotional, spiritual and other needs of our participants. We believe that collaboration best supports our practices, participants and supports our learning.
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We respect other ways of responding to harm and value the leadership in Aboriginal communities where cultural practices have supported community safety for thousands of years. We follow the lead of survivors and community, and never assume that our practice is the only way to respond to sexual abuse, especially for people from First Nations communities.
However, where a survivor wishes to access our services, we hope to create culturally safe and responsive practice. We seek and accept advice from Aboriginal mentors, advisors and community organisations, and the survivor themself, and check in regularly about how they feel and what they need.
Our practice is flexible and designed around the needs of each survivor, including where we meet, how, who is present and how long each process takes.
We take time to build trust and to understand the cultural, faith, community and other diverse needs of all people.
It is essential that Our team have many years working with Aboriginal communities and our Advisory Panel includes First Nations people and elders. We hope to establish an Aboriginal Advisory Panel in the years ahead.
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Our model of practice is a co-facilitated model which means that two facilitators work usually together with the participants throughout the restorative process. Our experienced team of restorative facilitators have extensive experience working with sexual abuse matters and particularly experience in community settings.
Our team have deep experience working with people who have experienced complex trauma, as well as families, First Nations communities, young people, adults, LGBTIQ community and culturally and linguistically diverse communities.
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Our restorative justice services are free and the financial support we have from Westpac and Snow Foundation, enables us to do this.
In the future, for individuals or organisations, companies or institutions responsible or connected to the abuse, we may ask them to pay what they can, when they can to meet the survivors needs.
Our hope is to create choices for survivors, wherever they live and whoever they are. Our commitment to creating choices for survivors and access to meaningful justice, reflects our belief that survivors are experts in their lives.
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We believe that survivors are experts in their own lives. Restorative justice isn’t right for everyone, and our role is to explain restorative approaches and after speaking with a survivors, work out whether their needs can be met through a restorative process. If a survivor wants and needs things that aren’t possible from a restorative process, then this may not be the best approach for them. We will refer them to another service and offer support through this referral process.
If you wanted to find out more, you can get more information by emailing info@transformingjustice.org.au or calling 0493 552 653.
Information about restorative justice can help you understand your choices or it may help a family member or friend, either now or in the future.
We cannot call a survivor without their permission, but people responsible for harm or family and community members are welcome to contact us for information, advice and support.
Contacting our services is free, voluntary and confidential.
Restorative justice case studies
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During childhood, Robert sexually abused his sister, Samantha. Samantha didn’t speak to anyone in the family about what was going on at the time. The abuse went on for about two years and ended when Samantha was starting highschool, and Robert was 14.
As an adult, Samantha had been in counselling following her marriage breakdown and she started speaking to the counsellor about impact of the abuse on her life.
Samantha decided to disclose the abuse to her family, and when asked about it – Robert accepted responsibility for the abuse straight away to their parents. Samantha decided she didn’t want to report the abuse to the Police. By using a restorative process, Samantha had an opportunity to speak with Robert and her family in a safe and supported setting.
The restorative conference helped the family understand sexual abuse. Robert accepted that he was accountable in front of the whole family which was important to Samantha. Samantha was able to explain how the abuse affected her life, schooling and relationships and what kind of relationship she wanted with Robert in the future. Robert was referred to professional support with a qualified psychologist.
Samantha explained how she wants to be supported in the future, and that she wanted Robert to stay in counselling and how she wanted the family to support them both.
The restorative process took almost a year of preparation and Samantha, Robert and other family members remained in counselling even after the restorative conference was held.
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During her childhood, Jasmine was sexually abused by her stepfather Michael. On one occasion she attempted to disclose the sexual abuse to her mother Katrina, but there was also domestic violence in the relationship, and Katrina wasn’t emotionally available to Jasmine. Six months later Jasmine disclosed to a school counsellor and Michael was eventually convicted of sexual abuse and domestic violence and went to prison.
As an adult Jasmine, started seeing a counsellor following her marriage breakdown, and during counselling she reflected on the impact that the abuse had on her life.
Katrina and Michael divorced while he was in prison, but Jasmine wanted to ask her mother about her childhood and explain how hard it was to disclose. She also wanted to let her other family members know that their contact with Michael was very upsetting to her, and to share what she had learnt in counselling about her triggers.
Using a restorative process Jasmine was able to speak about these things, ask difficult questions of her mother and explain what her family can do to support her now. Her mother was supported to understand more about grooming and was referred to a psychologist so she could also speak about the domestic violence she had experienced in the relationship. Michael was not invited to participate in the restorative process as Jasmine decided she wanted no contact with him and that the most important people she wanted to speak with were her mother and family members.
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Katie was removed from her birth family as a child and placed with her aunt.
The reasons for her removal related to the domestic violence in her home, mental health and drug use, and when she was 12 she was sexually assaulted by her stepfather. When this happened, she was removed and was placed with her aunt. Katie continued to have contact with her mum, although it was supervised until she was 16 years old. Katie is now an adult – she was able to finish highschool and started a TAFE course in social work as she has decided she wants to work with young people.
As part of her reflections on her childhood she has realised that the relationships in her family with her Mum, her aunt, her stepfather, siblings and cousins as well as other family members, have been broken or strained through the removal and she wants to have a difficult conversation with her family.
Other services like counsellors, youth workers, drug and alcohol services, domestic violence services and psychologists have important roles to support this family – but restorative justice can be an important practice to support this family and centre a process on the person harmed.
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Kim and Bobby had dated in their early 20’s.
A few years after the relationship ended, and after understanding more about consent and sex, Kim realised that some of the sex had been non-consensual.
Kim and Bobby both had a family of their own by the time and saw each other occasionally through mutual friends. Kim wanted to speak with Bobby about the non-consensual sex and the impact of this on their life, including how it impacted Kim’s self esteem and other intimate relationships.
Kim contacted a restorative justice practice and asked for Bobby to be involved too. When the restorative facilitator contacted Bobby, Bobby agreed to participate in the restorative process straight away and was seemingly unaware about the non-consensual sex.
A series of letters were exchanged between Kim and Bobby through the restorative facilitator before a meeting could be held in person. By this time Bobby had started counselling and realised in more detail some unhealthy attitudes they held towards sex and relationships. The restorative meeting took place in a neutral setting and both Bobby and Kim had support people attending, including Kim’s current partner.
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Jo and Kelly were 16 years old and went out for about eight months. During their relationship they had consensual sex. Kelly broke up with Jo and said that they “wanted to go back to being good friends” but Jo was very distressed about the breakup. Jo felt ashamed and hurt and still wanted to be together with Kelly, so continued to send notes in class and contact Kelly on YouTube messenger.
After school one day behind the bike shed, Jo grabbed Kelly, and starting kissing and touching Kelly’s body like they were still together. Kelly pushed Jo off and ran away and told another friend what had happened. Kelly spoke to the school counsellor and the school counsellor explained that she would need to make a report and also contact Kelly’s parents. After a lot of discussion and weighing up different options, Kelly decided that they would like to try a restorative process.
Jo agreed to participate, and the first step was for Jo to get some counselling to talk about the breakup and their feelings of being rejected. After getting this support, Jo and Kelly were supported by the restorative facilitator and their counsellors, to speak to each other directly about what happened, safe boundaries and consent and to explain the limit of the relationship Kelly wanted from now on.
Their parents were also involved in one of the restorative meetings and this helped both Kelly and Jo feel supported and understood in their own families. Kelly was able to talk to their family about the impact of the incident, and Jo’s parents realised that they needed to talk more about consent and relationships so that Jo’s future relationships could be respectful and safe.
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A workplace team WhatsApp group has been sharing photos and images. Increasingly the photos contain sexual themes and explicit images, and some people in the group have uploaded images from an online porn website. One of the team members reports the content in the WhatsApp group to the team Manager and a workplace harassment claim is commenced by a number of the people in the group.
The people impacted will have access to a number of workplace remedies and HR will need to get involved. For Managers and organisations dealing with the impact of sexual harassment and abuse in the workplace, a restorative process may complement existing practices and give those involved a safe space to talk about the impact on them.
Additionally, everyone involved may feel more re-assured if a restorative process is handled by an independent facilitator. Lastly, the restorative process may be a useful opportunity to talk about power and other dynamics in the workplace and for Managers, staff and the whole organisation to reflect and learn about safe workplace practices, to receive education and awareness training and to clarify the appropriate use social media and online content for the future.
Those responsible can also be supported with individual support so that they can reflect on their behaviour and be accountable to the individuals harmed, those who witnessed the incident, and to the workplace.
These case studies are taken from similar restorative practices from around the world, and are hybrid or merged stories in order to protect the identity of the people involved.
They are intended to show how a restorative justice process may assist the people involved.
Everybody’s situation is different so please get in touch if you would like more information about our practices.
** Please note that the case studies contain references to sexual assault and child sexual abuse.