16 Oct Restorative Justice Conferencing for Juveniles in Queensland: A Comparative Perspective with New South Wales

At FEDOROV Family Lawyers, we understand that the journey through the criminal justice system can be daunting, particularly for young people. That’s why we’re committed to exploring every avenue that promotes healing, accountability, and positive outcomes for all involved. One such avenue is restorative justice conferencing, a process that has been embraced in QLD and NSW as a constructive alternative to traditional punitive measures.

What is Restorative Justice Conferencing?

Restorative justice conferencing is a process that brings together the offender, the victim, and other stakeholders in a facilitated meeting to discuss the impact of the crime and agree on a plan for making amends. This approach emphasises repairing harm, fostering understanding, and reintegrating the offender into the community. In QLD, this process is an integral part of the youth justice system, offering young offenders an opportunity to take responsibility for their actions in a meaningful way.

Restorative Justice Conferencing in QLD

Restorative justice conferencing in QLD for children and young people is governed by Part 3 of the Youth Justice Act 1992 (QLD). This process aims to divert young offenders from the traditional court system, offering an alternative path focused on rehabilitation and making amends. Referrals to restorative justice conferencing can come from police officers or the court.

For a police referral, the young person must admit to the offence, be willing to participate, and a caution must be deemed inappropriate. The nature of the offence, the harm caused, and the best interests of both the community and the young person are all considered before a referral is made.

If the offence is brought to court, the young person may be referred to conferencing if they admit to the offence. The court can also refer cases if it believes that police should have done so initially or as part of a restorative justice order. Convenors, employed by the Department of Children, Youth Justice and Multicultural Affairs, facilitate these conferences. They are responsible for informing the young person of their right to legal advice and ensuring they understand the process.

Before the conference, if certain issues arise—such as the inability to contact the young person, lack of participation from the victim, or doubts about reaching an agreement—the referral may be returned to the referring entity.

During the conference, the young person, the convenor, and ideally, the victim or a representative, must be present. The participation of the victim can take various forms, including in-person attendance, pre-recorded communication, or representation by a victim advocacy group.

In cases involving Aboriginal or Torres Strait Islander young people, the convenor is required to consider inviting a respected community member or a representative from a community justice group.

The agreement can include various actions, such as financial compensation, voluntary work, apologies to the victim, or participation in diversion programs aimed at reinforcing family and community ties or improving educational outcomes. The court is also required to consider conferencing as an option during sentencing, and failing to do so may constitute an error in sentencing discretion.

If an agreement isn’t reached during the conference, the case is returned to the referring entity. If this is the Police, they may determine to take no further action, administer a caution, refer for another conferencing process, or start a proceeding against the child or young person.

If a pre-sentence referral is returned to the court, the matter will be brought back before the court for sentencing. If the referral was made as part of a restorative justice order, non-compliance with the process and agreement would be a contravention of the order.

When a young person completes their obligations under the agreement, the Department of Youth Justice must notify the police or court that referred the case.

Youth Justice Conferencing in New South Wales

While restorative justice conferencing in QLD shares many similarities with the process in NSW, there are also some important differences that reflect the unique legal frameworks and priorities of each state.

In NSW, restorative justice conferencing is referred to as youth justice conferencing and is legislated under the Young Offenders Act 1997 (NSW). Like in QLD, the process allows for referrals from the police, courts, and the prosecution. However, there are specific conditions that must be met before a young person can be referred to conferencing in NSW.

For example, in NSW, a police officer may refer a young person to youth justice conferencing if they determine that a caution is inappropriate, provided that the offence does not involve graffiti, result in death, relate to domestic violence, or fall under certain traffic or drug offences. Before making a referral, the seriousness of the offence, the level of violence involved, the harm caused to the victim, and the young person’s prior record must all be considered. The young person must also admit to the offence or plead guilty in court.

One notable difference between the two states is the timeframe within which the conferencing process must take place in NSW. The Young Offenders Act 1997 (NSW) mandates that the conference must be held within 28 days of the referral being received by the convenor, and no sooner than 10 days after the young person has been notified. This ensures a swift resolution, allowing the young person to move forward with the agreed outcome plan without unnecessary delay.

A Focus on Rehabilitation and Support

Another significant aspect of the NSW approach is its emphasis on developmental and support services. The legislation explicitly states that youth justice conferencing should aim to provide services that help the young person overcome offending behaviour. This is reflected in the wide range of possible outcomes that can be included in the outcome plan. In addition to apologies and reparations, the plan may involve participation in programs such as counselling, drug and alcohol rehabilitation, education, or other initiatives designed to improve the young person’s prospects for the future.

Moreover, the role of the convenor in NSW is not only to facilitate the conference but also to supervise the completion of the outcome plan. If the plan is successfully completed, the matter is resolved. If not, the case may be returned to the referring entity, with the court having the final say on how to proceed.

Comparing the Two Systems

Both QLD and NSW recognise the value of restorative justice conferencing as a way to address youth offending in a manner that is fair, constructive, and focused on rehabilitation. However, the differences in how each state administers the process reflect their respective priorities. QLD’s approach is more flexible, allowing for a case-by-case consideration of what is most appropriate for the young person involved. In contrast, NSW places a greater emphasis on structured timelines and the provision of developmental support services.

At FEDOROV Family Lawyers, we believe that restorative justice conferencing offers a valuable opportunity for young people to learn from their mistakes, make amends, and move forward with their lives in a positive direction. Whether in QLD or NSW, the principles of restorative justice hold the promise of a more compassionate and effective justice system—one that benefits not only the young person but also the broader community.