Pacific

Provides articles discussing restorative justice advancements in the Pacific. Articles appear in the order in which they were added to the site with the most recent appearing first.

. Youth Justice in New Zealand: Restorative Justice in Practice?: The Children, YoungPersons, and TheirFamilies Act 1989 put in place newobjects, principles, and procedures for youth justice in New Zealand. Both the philosophy underpinning this system and the use of family group conferences exemplify a restorative justice approach that has now been adopted in many other countries. This article describes these changes and presents some of the results of recently published research that examines the extent to which young offenders have been diverted from courts and custody, held accountable for their actions, and had their wellbeing enhanced. It suggests that the New Zealand youth justice system has achieved many but not all of its goals, and that there are still aspects where improvement is possible. (author's abstract)
Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike?
It's time to make the punishment fit the white-collar crime: from the Nelson Mail (NZ) editorial: ....it's not easy to maintain a clear-eyed focus on justice. Very few New Zealanders will feel that this is what happened when Blue Chip co-founder Mark Bryers entered the dock on Thursday to be sentenced on 34 charges. Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket".
Treaty settlements process: Restorative justice in action: from the article on Te Puni Kokiri: The Treaty of Waitangi settlements process is restorative justice in action says Māori Affairs Minister Pita Sharples. Speaking at the launch of JustSpeak’s paper on Māori and the Criminal Justice System, he recalled the recent settlement of five Treaty of Waitangi claims.
. How to turn a child offender into an adult criminal -- in 10 easy steps.: In practice, the New Zealand system encapsulates restorative justice ideologies, by including the victim in the decision-making process and encouraging the mediation of concerns between the victim, the offender and their families to achieve reconciliation, restitution and rehabilitation. The New Zealand system, especially the family group conference, has been practised as a restorative justice system, though this was not necessary to conform to the provisions of the Act. Restorative justice is nowhere mentioned in the Act, yet a restorative justice approach is entirely consistent with its objects and principles. In fact, “restorative justice” thinking and practice had barely begun at the time the Children, Young Persons and Their Families Act 1989 was being discussed. Thus, the system follows restorative justice techniques although the black letter law did not explicitly envisage this outcome. (excerpt)
Maxwell, Gabrielle. Achieving Effective Outcomes in Youth Justice:Implications of new research for Principles, Policy and Practice: New research from New Zealand follows up the file outcomes over three years for 1003 young people aged 16 years who had family group conferences in 1998. Five hundred and twenty of them were interviewed. Observational data and interviews were collected from another 115 cases in 2001/2002. Findings are presented on the extent to which restorative goals have been implemented. Critical factors predicting outcomes are identified and the implications of these for policy and practice are discussed.The research demonstrates that the nature of the youth justice does affect critical outcomes for young people: both in terms of reducing offending and increasing the probability of other positive life outcomes. Restorative practices that include empowerment, the repair of harm and reintegrative outcomes make a positive difference while the extent of embeddedness in the criminal justice system, severe and retributive outcomes and stigmatic shaming have negative effects. There are also important findings for crime prevention that suggest the need to focus on support for families, the importance of educational qualifications and the need to respond effectively when children first come to the attention of the welfare and youth justice systems. Proposals are made for standards against which practice can be assessed. Author's Abstract.
Department of Education, Youth, and Family Services. Standards of Practice for the Provision of Family Group Conferences in the Australian Capital Territory.: This document presents standards of practice to guide family group conferences delivered through Family Services in the Australian Capital Territory. The document covers a variety of practices related to the direct provision of services. Contents of the document include the following: background to family group conferencing; definitions of a family and of family group conferencing; case work practices; an overview of the conference process; conferences for indigenous children; outcomes; post-conference responsibilities; staff training; and principles related to rights, confidentiality, and complaints.
Waite, Graham. Northern Territory Police Juvenile Pre-Court Diversion Scheme: In 2000 the Northern Territory of Australia and the Commonwealth of Australia entered into a formal agreement for a Juvenile Pre-Court Diversion Scheme. The agreement requires the Northern Territory Police to manage the diversion scheme, and it requires the police to offer diversion to all juveniles who commit a minor property offense. The aim of this scheme is to divert juveniles away from the formal justice system and the courts. Graham Waite, Superintendent of the Northern Territory Police, provides a detailed report on the goals, processes, and results of this diversion scheme in the Northern Territory, with particular attention to its preventive and restorative aspects in relation to juvenile offending.
Daly, Kathleen and Bouhours, Brigitte and Curtis-Fawley, Sarah and Daly, Kathleen. Sexual Offence cases finalised in court, by conference, and by formal caution in South Australian for young offenders, 1995-2001, Final Report.: What drives this research is an interest in the politics of justice and innovation in justice practices. Also motivating this work is a concern with the limits of law and legal reform to effectively address certain kinds of interpersonal crime, especially sexual assault. There are only two jurisdictions in the world, South Australia and New Zealand, which routinely use conferencing to process youth accused of sexual assault. In all other jurisdictions, sexual assault has deliberately been placed off the restorative justice agenda. Sexual violence is widely understood to be ‘too sensitive’ or ‘too risky’ to be handled by conference or to be diverted from court prosecution. (excerpt)
Maxwell, Gabrielle and Anderson, Tracy and Morris, Allison and Maxwell, Gabrielle. Community panel adult pre-trial diversion Supplementary evaluation: New Zealand has been exploring new models of justice to respond to victims, reduce recidivism, and enhance community safety. These models have been variously described as focusing on restorative justice, indigenous justice, community justice, or diversion. Elements of all of these models can be seen in the Community Panel adult pre-trial diversion schemes that are the subject of this evaluation. In this paper, the authors summarize pilot Community Panel diversion schemes in New Zealand: their different settings and processes; the participants and their experiences; outcomes; and costs.
Brignell, Georgia and Smart, Jane and Lawrie, Rowena and Brignell, Georgia and Potas, Ivan and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane and Potas, Ivan. Circle Sentencing in New South Wales: A Review and Evaluation: Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Bill 2004: The objects of this Act are as follows: (a) 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; (b) to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment; (c) to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act; (d) to 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; (e) to enable agencies that have a role in the criminal justice system to refer offences for restorative justice. (excerpt)
Stewart, Anna Louise and Smith, Frances. Youth Justice Conferencing and Police Referrals: The Gatekeeping Role of Police in Queensland, Australia: Youth justice conferencing in Queensland, Australia is a process which brings together those people in the community which have been most affected by a criminal offense the offender, the victim, and their supporters, and was established after an amendment in 1996 to the Juvenile Justice Act of 1992. Youth justice conferencing relies on the discretionary referral of young offenders by the police. Since the introduction of conferencing, low rates of police referrals were identified as a critical issue in undermining the successful implementation of conferencing. This study explored Queensland police officers’ training, experience, understandings of youth justice conferencing, and their individual discretionary policing style. In addition, the impact of these factors on officers’ attitudes towards conferencing and their reported likelihood of referring to conference were examined. Of the 600 questionnaires mailed out to randomly selected operational police officers in the Metropolitan North, Metropolitan South, Southeastern, and Southern regions, 184 questionnaires were available for analyses. Of the 184 police officers, 28 reported that they had never heard of conferencing. Of those officers who had heard of conferencing, the majority had received no training in relation to conferencing. Overall, surveyed officers who had heard of conferencing considered it to be a positive process. Those who had received training were more likely to endorse conferencing as a positive process. In addition, exposure to conferencing increased officers’ beliefs in the effectiveness of conferencing and ensured they were familiar with the procedures involved in conferencing. Study limitations are presented and briefly discussed. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Act 2004: This document consists of the text of a legislative Act to provide a process of restorative justice for victims, offenders, and the community, as well as for other purposes. Called the Crimes (Restorative Justice) Act 2004, it was enacted by the Legislative Assembly for the Australian Capital Territory. The sections of the Act are as follows: preliminary information about the Act and this document itself; underlying principles of restorative justice; key concepts of restorative justice; application of the Act (i.e., types of applicable offenses); eligibility for restorative justice; referral for restorative justice; suitability for restorative justice; restorative justice conferences and agreements; administration of the Act; miscellaneous information; and a dictionary of key terms used in the Act.
Howley, Patrick. Citizenship Education Case Study: Community Justice in Bougainville (Papua New Guinea): This document consists of a description of innovations to the community justice system instituted by residents of Bougainville in Papua New Guinea. It is written in a combination of question-and-answer and outline format. The paper covers the philosophy, rationale, principles, elements, and processes of Bougainville’s experiment with a new kind of community justice – namely, restorative justice. More specifically, it covers the background to restorative justice in Bougainville, the present justice system in the villages, custom law, the nature and purpose of shame, mediation, and processes of community justice in villages and towns.
Pakura, Shannon. The Family Group Conference 14 Year Journey: Celebrating the successes, learning the lessons, embracing the challenges: Shannon Pakura is Chief Social Worker with Child Youth and Family Services in the New Zealand government. In this paper Pakura reflects on the history of family group conferences (FGC) in New Zealand. This begins with changes in government policy and law leading to the Children, Young Persons and Their Families Act 1989 and its introduction of the FGC. Pakura describes the social and cultural context in which the FGC was initiated and implemented. Looking back on those efforts and the history of FGCs in child welfare in New Zealand, Pakura identifies what was done well, what could have been done better, the effects of FGCs on Maori children and families, and challenges for FGCs and child welfare in the future.
Connolly, Marie. A Perspective on the Origins of Family Group Conferencing: It is widely acknowledged that family group conferencing originated in Aotearoa New Zealand with the introduction of the Children, Young Persons and Their Families Act 1989 and its creation of the family group conference. However, says Marie Connolly, what gave rise and shape to this development is a far more complex question. It is that question she explores in this paper. Toward that end, she looks at cultural issues at the heart of practice changes in Aotearoa New Zealand. Specifically, she discusses the place of the child in Maori society and the child’s relationship to familial kinship structures in Maori culture, and the ways in which New Zealand child welfare legislation and policy before the 1989 Act misunderstood or ignored that place and that relationship.
Morris, Allison and Maxwell, Gabrielle. Perspectives néo-zélandaises sur la justice des mineurs au Canada: Le gouvernement canadien a présenté des propositions de changement de la justice des mineurs qui mettent l'accent sur la prévention de la délinquance des jeunes ; sur la déjudiciarisation et la réduction de la mise sous garde ; sur le fait de tenir les jeunes responsables de leurs infractions de manière significative ; sur l'établissement de programmes qui produisent des effets à l'endroit des contrevenants, particulièrement les délinquants multirécidivistes et violents ; sur le fait de rendre la justice des adolescents mieux adaptée aux différences culturelles ; sur l'accroissement de la responsabilité des parents ; et sur le fait de donner une voix plus forte aux victimes. Nombre de ces thèmes sont également présents dans le régime de justice des mineurs introduit en Nouvelle-Zélande en 1989. L'article fait part de l'expérience néo-zélandaise de déjudiciarisation des jeunes réalisée en engageant les jeunes et leurs familles dans des conférences familiales qui comportent une rencontre avec la victime et où se décide comment réagir à l'infraction. La recherche néo-zélandaise montre que les conférences familiales peuvent être efficaces pour tenir les jeunes responsables de leurs actes, pour éviter la judiciarisation et la mise sous garde, pour offrir des options culturellement adéquates, pour encourager la responsabilité parentale, pour donner un rôle aux victimes et pour réduire la récidive. Il est suggéré que le Canada pourrait adapter des aspects du régime néo-zélandais pour développer des stratégies conformes à ses objectifs. Résumé de l'auteur. Author's abstract.
Dovey, Lynne. Achieving Better Social Outcomes in New Zealand Through Collaboration: Perspectives from the United States: This paper examines the topic of improving social outcomes in New Zealand through collaboration between government and communities where children, young people and families are at risk. Public concern has mounted about the incidence of child abuse and neglect, youth suicide and pockets of poor educational performance among specific population groups in New Zealand. A review of relevant literature suggests that a systems approach is required, if public service and community leaders are to be successful in responding to these problems. Two frameworks are put forward for social systems change, one at a conceptual level and one at an operational level for practical application in New Zealand. These frameworks draw on the reinventing government work of David Osborne and Peter Plastrik and the systems thinking work of Peter Senge. To learn how similar issues are being tackled in the United States, two case studies were selected. The first case study is about an innovative non-profit organization in Chelsea, Massachusetts, called Roca, Inc. and the impact it is having on social outcomes and on the way state agencies think about social problems. The second case study examines legislative measures in Oregon to improve social outcomes through collaboration. The research demonstrates that in a systemic approach both bottom up and top down approaches to collaboration are important, as are outcomes planning, performance measurement and a mix of strategies to address underlying problems. There are deeper implications for change within our public management system, however, if collaboration is to be truly successful. These include moving to power sharing and joint accountability arrangements and extending the role of government to that of enabler. Methods of underpinning these new approaches include creating incentives for collaboration, longer term, relational contracting and distributed leadership. Author's abstract.
Wundersitz, Joy. Pre Court Diversion: The Australian Experience: Commencing in the late 1960s, pre-court diversion (defined here as the redirection of cases away from formal prosecution in the Children’s Court), has now become an integral feature of most Australian juvenile justice systems. This paper will trace the historical development of the concept, describe the different forms it has taken in the Australian context and consider the new directions in which it is now heading. In particular, the recent shift away from single tiered diversionary mechanisms, which generally involved nothing more than a simple verbal caution, towards multi-tiered systems which emphasise victim/offender interaction and reparation as a key outcome will be examined. The advantages and disadvantages of this new, more complex approach will be considered, together with the question of whether these mechanisms, because they aim to do more rather than less, can still be classified as diversionary. Author's abstract.

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Navigation Lecture Hall Introduction to Restorative Justice Restorative Justice around the World Africa Asia Europe Latin America Middle East North America and the Caribbean Pacific Indigenous Juvenile Justice Court Evaluation School Articles from RJ Online All Documents Educational Opportunities Restorative Justice Theory Making Amends Restorative Justice Course Syllabi Book Reviews Video Reviews Real People, Real Stories Practice Manuals Evaluation Research Evaluation Tools Role Plays Using Restorative Practices	Info Pacific Provides articles discussing restorative justice advancements in the Pacific. Articles appear in the order in which they were added to the site with the most recent appearing first. Tonga \| Australia \| Fiji \| Guam \| New Zealand \| Palau \| Papua New Guinea . Youth Justice in New Zealand: Restorative Justice in Practice? The Children, YoungPersons, and TheirFamilies Act 1989 put in place newobjects, principles, and procedures for youth justice in New Zealand. Both the philosophy underpinning this system and the use of family group conferences exemplify a restorative justice approach that has now been adopted in many other countries. This article describes these changes and presents some of the results of recently published research that examines the extent to which young offenders have been diverted from courts and custody, held accountable for their actions, and had their wellbeing enhanced. It suggests that the New Zealand youth justice system has achieved many but not all of its goals, and that there are still aspects where improvement is possible. (author's abstract) Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike? It's time to make the punishment fit the white-collar crime from the Nelson Mail (NZ) editorial: ....it's not easy to maintain a clear-eyed focus on justice. Very few New Zealanders will feel that this is what happened when Blue Chip co-founder Mark Bryers entered the dock on Thursday to be sentenced on 34 charges. Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket". Treaty settlements process: Restorative justice in action from the article on Te Puni Kokiri: The Treaty of Waitangi settlements process is restorative justice in action says Māori Affairs Minister Pita Sharples. Speaking at the launch of JustSpeak’s paper on Māori and the Criminal Justice System, he recalled the recent settlement of five Treaty of Waitangi claims. . How to turn a child offender into an adult criminal -- in 10 easy steps. In practice, the New Zealand system encapsulates restorative justice ideologies, by including the victim in the decision-making process and encouraging the mediation of concerns between the victim, the offender and their families to achieve reconciliation, restitution and rehabilitation. The New Zealand system, especially the family group conference, has been practised as a restorative justice system, though this was not necessary to conform to the provisions of the Act. Restorative justice is nowhere mentioned in the Act, yet a restorative justice approach is entirely consistent with its objects and principles. In fact, “restorative justice” thinking and practice had barely begun at the time the Children, Young Persons and Their Families Act 1989 was being discussed. Thus, the system follows restorative justice techniques although the black letter law did not explicitly envisage this outcome. (excerpt) Maxwell, Gabrielle. Achieving Effective Outcomes in Youth Justice:Implications of new research for Principles, Policy and Practice New research from New Zealand follows up the file outcomes over three years for 1003 young people aged 16 years who had family group conferences in 1998. Five hundred and twenty of them were interviewed. Observational data and interviews were collected from another 115 cases in 2001/2002. Findings are presented on the extent to which restorative goals have been implemented. Critical factors predicting outcomes are identified and the implications of these for policy and practice are discussed.The research demonstrates that the nature of the youth justice does affect critical outcomes for young people: both in terms of reducing offending and increasing the probability of other positive life outcomes. Restorative practices that include empowerment, the repair of harm and reintegrative outcomes make a positive difference while the extent of embeddedness in the criminal justice system, severe and retributive outcomes and stigmatic shaming have negative effects. There are also important findings for crime prevention that suggest the need to focus on support for families, the importance of educational qualifications and the need to respond effectively when children first come to the attention of the welfare and youth justice systems. Proposals are made for standards against which practice can be assessed. Author's Abstract. Department of Education, Youth, and Family Services. Standards of Practice for the Provision of Family Group Conferences in the Australian Capital Territory. This document presents standards of practice to guide family group conferences delivered through Family Services in the Australian Capital Territory. The document covers a variety of practices related to the direct provision of services. Contents of the document include the following: background to family group conferencing; definitions of a family and of family group conferencing; case work practices; an overview of the conference process; conferences for indigenous children; outcomes; post-conference responsibilities; staff training; and principles related to rights, confidentiality, and complaints. Waite, Graham. Northern Territory Police Juvenile Pre-Court Diversion Scheme In 2000 the Northern Territory of Australia and the Commonwealth of Australia entered into a formal agreement for a Juvenile Pre-Court Diversion Scheme. The agreement requires the Northern Territory Police to manage the diversion scheme, and it requires the police to offer diversion to all juveniles who commit a minor property offense. The aim of this scheme is to divert juveniles away from the formal justice system and the courts. Graham Waite, Superintendent of the Northern Territory Police, provides a detailed report on the goals, processes, and results of this diversion scheme in the Northern Territory, with particular attention to its preventive and restorative aspects in relation to juvenile offending. Daly, Kathleen and Bouhours, Brigitte and Curtis-Fawley, Sarah and Daly, Kathleen. Sexual Offence cases finalised in court, by conference, and by formal caution in South Australian for young offenders, 1995-2001, Final Report. What drives this research is an interest in the politics of justice and innovation in justice practices. Also motivating this work is a concern with the limits of law and legal reform to effectively address certain kinds of interpersonal crime, especially sexual assault. There are only two jurisdictions in the world, South Australia and New Zealand, which routinely use conferencing to process youth accused of sexual assault. In all other jurisdictions, sexual assault has deliberately been placed off the restorative justice agenda. Sexual violence is widely understood to be ‘too sensitive’ or ‘too risky’ to be handled by conference or to be diverted from court prosecution. (excerpt) Maxwell, Gabrielle and Anderson, Tracy and Morris, Allison and Maxwell, Gabrielle. Community panel adult pre-trial diversion Supplementary evaluation New Zealand has been exploring new models of justice to respond to victims, reduce recidivism, and enhance community safety. These models have been variously described as focusing on restorative justice, indigenous justice, community justice, or diversion. Elements of all of these models can be seen in the Community Panel adult pre-trial diversion schemes that are the subject of this evaluation. In this paper, the authors summarize pilot Community Panel diversion schemes in New Zealand: their different settings and processes; the participants and their experiences; outcomes; and costs. Brignell, Georgia and Smart, Jane and Lawrie, Rowena and Brignell, Georgia and Potas, Ivan and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane and Potas, Ivan. Circle Sentencing in New South Wales: A Review and Evaluation Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org. Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Bill 2004 The objects of this Act are as follows: (a) 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; (b) to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment; (c) to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act; (d) to 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; (e) to enable agencies that have a role in the criminal justice system to refer offences for restorative justice. (excerpt) Stewart, Anna Louise and Smith, Frances. Youth Justice Conferencing and Police Referrals: The Gatekeeping Role of Police in Queensland, Australia Youth justice conferencing in Queensland, Australia is a process which brings together those people in the community which have been most affected by a criminal offense the offender, the victim, and their supporters, and was established after an amendment in 1996 to the Juvenile Justice Act of 1992. Youth justice conferencing relies on the discretionary referral of young offenders by the police. Since the introduction of conferencing, low rates of police referrals were identified as a critical issue in undermining the successful implementation of conferencing. This study explored Queensland police officers’ training, experience, understandings of youth justice conferencing, and their individual discretionary policing style. In addition, the impact of these factors on officers’ attitudes towards conferencing and their reported likelihood of referring to conference were examined. Of the 600 questionnaires mailed out to randomly selected operational police officers in the Metropolitan North, Metropolitan South, Southeastern, and Southern regions, 184 questionnaires were available for analyses. Of the 184 police officers, 28 reported that they had never heard of conferencing. Of those officers who had heard of conferencing, the majority had received no training in relation to conferencing. Overall, surveyed officers who had heard of conferencing considered it to be a positive process. Those who had received training were more likely to endorse conferencing as a positive process. In addition, exposure to conferencing increased officers’ beliefs in the effectiveness of conferencing and ensured they were familiar with the procedures involved in conferencing. Study limitations are presented and briefly discussed. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org. Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Act 2004 This document consists of the text of a legislative Act to provide a process of restorative justice for victims, offenders, and the community, as well as for other purposes. Called the Crimes (Restorative Justice) Act 2004, it was enacted by the Legislative Assembly for the Australian Capital Territory. The sections of the Act are as follows: preliminary information about the Act and this document itself; underlying principles of restorative justice; key concepts of restorative justice; application of the Act (i.e., types of applicable offenses); eligibility for restorative justice; referral for restorative justice; suitability for restorative justice; restorative justice conferences and agreements; administration of the Act; miscellaneous information; and a dictionary of key terms used in the Act. Howley, Patrick. Citizenship Education Case Study: Community Justice in Bougainville (Papua New Guinea) This document consists of a description of innovations to the community justice system instituted by residents of Bougainville in Papua New Guinea. It is written in a combination of question-and-answer and outline format. The paper covers the philosophy, rationale, principles, elements, and processes of Bougainville’s experiment with a new kind of community justice – namely, restorative justice. More specifically, it covers the background to restorative justice in Bougainville, the present justice system in the villages, custom law, the nature and purpose of shame, mediation, and processes of community justice in villages and towns. Pakura, Shannon. The Family Group Conference 14 Year Journey: Celebrating the successes, learning the lessons, embracing the challenges Shannon Pakura is Chief Social Worker with Child Youth and Family Services in the New Zealand government. In this paper Pakura reflects on the history of family group conferences (FGC) in New Zealand. This begins with changes in government policy and law leading to the Children, Young Persons and Their Families Act 1989 and its introduction of the FGC. Pakura describes the social and cultural context in which the FGC was initiated and implemented. Looking back on those efforts and the history of FGCs in child welfare in New Zealand, Pakura identifies what was done well, what could have been done better, the effects of FGCs on Maori children and families, and challenges for FGCs and child welfare in the future. Connolly, Marie. A Perspective on the Origins of Family Group Conferencing It is widely acknowledged that family group conferencing originated in Aotearoa New Zealand with the introduction of the Children, Young Persons and Their Families Act 1989 and its creation of the family group conference. However, says Marie Connolly, what gave rise and shape to this development is a far more complex question. It is that question she explores in this paper. Toward that end, she looks at cultural issues at the heart of practice changes in Aotearoa New Zealand. Specifically, she discusses the place of the child in Maori society and the child’s relationship to familial kinship structures in Maori culture, and the ways in which New Zealand child welfare legislation and policy before the 1989 Act misunderstood or ignored that place and that relationship. Morris, Allison and Maxwell, Gabrielle. Perspectives néo-zélandaises sur la justice des mineurs au Canada Le gouvernement canadien a présenté des propositions de changement de la justice des mineurs qui mettent l'accent sur la prévention de la délinquance des jeunes ; sur la déjudiciarisation et la réduction de la mise sous garde ; sur le fait de tenir les jeunes responsables de leurs infractions de manière significative ; sur l'établissement de programmes qui produisent des effets à l'endroit des contrevenants, particulièrement les délinquants multirécidivistes et violents ; sur le fait de rendre la justice des adolescents mieux adaptée aux différences culturelles ; sur l'accroissement de la responsabilité des parents ; et sur le fait de donner une voix plus forte aux victimes. Nombre de ces thèmes sont également présents dans le régime de justice des mineurs introduit en Nouvelle-Zélande en 1989. L'article fait part de l'expérience néo-zélandaise de déjudiciarisation des jeunes réalisée en engageant les jeunes et leurs familles dans des conférences familiales qui comportent une rencontre avec la victime et où se décide comment réagir à l'infraction. La recherche néo-zélandaise montre que les conférences familiales peuvent être efficaces pour tenir les jeunes responsables de leurs actes, pour éviter la judiciarisation et la mise sous garde, pour offrir des options culturellement adéquates, pour encourager la responsabilité parentale, pour donner un rôle aux victimes et pour réduire la récidive. Il est suggéré que le Canada pourrait adapter des aspects du régime néo-zélandais pour développer des stratégies conformes à ses objectifs. Résumé de l'auteur. Author's abstract. Dovey, Lynne. Achieving Better Social Outcomes in New Zealand Through Collaboration: Perspectives from the United States This paper examines the topic of improving social outcomes in New Zealand through collaboration between government and communities where children, young people and families are at risk. Public concern has mounted about the incidence of child abuse and neglect, youth suicide and pockets of poor educational performance among specific population groups in New Zealand. A review of relevant literature suggests that a systems approach is required, if public service and community leaders are to be successful in responding to these problems. Two frameworks are put forward for social systems change, one at a conceptual level and one at an operational level for practical application in New Zealand. These frameworks draw on the reinventing government work of David Osborne and Peter Plastrik and the systems thinking work of Peter Senge. To learn how similar issues are being tackled in the United States, two case studies were selected. The first case study is about an innovative non-profit organization in Chelsea, Massachusetts, called Roca, Inc. and the impact it is having on social outcomes and on the way state agencies think about social problems. The second case study examines legislative measures in Oregon to improve social outcomes through collaboration. The research demonstrates that in a systemic approach both bottom up and top down approaches to collaboration are important, as are outcomes planning, performance measurement and a mix of strategies to address underlying problems. There are deeper implications for change within our public management system, however, if collaboration is to be truly successful. These include moving to power sharing and joint accountability arrangements and extending the role of government to that of enabler. Methods of underpinning these new approaches include creating incentives for collaboration, longer term, relational contracting and distributed leadership. Author's abstract. Wundersitz, Joy. Pre Court Diversion: The Australian Experience Commencing in the late 1960s, pre-court diversion (defined here as the redirection of cases away from formal prosecution in the Children’s Court), has now become an integral feature of most Australian juvenile justice systems. This paper will trace the historical development of the concept, describe the different forms it has taken in the Australian context and consider the new directions in which it is now heading. In particular, the recent shift away from single tiered diversionary mechanisms, which generally involved nothing more than a simple verbal caution, towards multi-tiered systems which emphasise victim/offender interaction and reparation as a key outcome will be examined. The advantages and disadvantages of this new, more complex approach will be considered, together with the question of whether these mechanisms, because they aim to do more rather than less, can still be classified as diversionary. Author's abstract. Next 20 items » [1] 2 3 4 ... 17 Document Actions Send this Print this	Africa Asia Europe Latin America Middle East North America and Caribbean Pacific Search 10530 publications on restorative justice Recent RJOB Comments conference May 07, 2012 conference May 07, 2012 Agreement to participate May 04, 2012 More… Slide Show: What is Restorative Justice Click to view a slideshow discussing the definition of restorative justice. 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