In an explanatory statement accompanying the original bill, restorative justice is defined as ‘a methodological tool which aims to address unresolved issues and emotions experienced by victims, offenders, and their families which cannot be addressed by the court because of the nature of the court’s role.’  In the same statement, the government also argues that a commitment to the concerns and rights of victims is the reason for expanding the use of restorative justice. The objectives found in the ACT are to:

• enhance the rights of victims of offences by providing restorative justice as a way of empowering victims to make decisions about how to repair the harm done by offences

• set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment

• ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act

• enable access to restorative justice at every stage of the criminal justice process without substituting for the criminal justice system or changing the normal process of criminal justice

• enable agencies that have a role in the criminal justice system to refer offences for restorative justice

The creation of a restorative justice unit is another feature of the Crime (Restorative Justice) Act 2004. This unit will serve as a central clearing house evaluating referrals for eligibility and providing conferencing services. Eligibility will be based on the

• nature of the offence

• eligibility of the people to participate

• the suitability of people to participate

In the case of serious offences, cases will only be eligible for referral after a plea of guilty or a court decision. Less serious offences are eligible at any stage from pre-charge to the completion of a sentence. Any agency in the criminal justice system will be able to refer these cases to the restorative justice unit for consideration.  

The new legislation results from a 2003 evaluation of restorative justice options in the ACT. A sub-committee of the ACT Sentencing Review Committee undertook the evaluation and produced an issues paper for public comment. The government received sixteen responses to the paper. A series of focus group meetings seeking citizen input ensued. From this community consultation, the sub-committee presented a legislative framework for restorative justice in the territory.  

The Crime (Restorative Justice) Act will be implemented in two stages beginning in 2005. In stage one, only juvenile offenders will be referred to conferencing. In stage two, adult offenders will be eligible. This staged implementation will allow for the creation and refinement of administrative procedures before including adult offenders.

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Resources used:

Crimes (Restorative Justice) Act 2004. Australian Capital Territory.

Crimes (Restorative Justice) Bill 2004. Explanatory Statement. The Legislative Assembly for the Australian Capital Territory.

New Restorative Justice Unit Flagged in New Bill. Media Release. Jon Stanhope, Chief Minister.

Restorative Justice Options for the ACT. Issues Paper. October 2003. produced for the Department of Justice and Community Safety. Australian Capital Territory, Canberra.

Restorative Justice Unit to Be Created. Media Release. Jon Stanhope, Chief Minister.  

Strang, Heather. (2001). Restorative Justice Programs in Australia. A report to the Criminology Research Council.  

Victims to Meet Offenders Face-To-Face in Justice Reforms. Canberra Times. August 25, 2004.

 Lynette Parker
November 2004