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Who the Service is for, what the benefits are, how the Service works, whether there is any legal impact, and who runs the Service.
Who the Service is for, what the benefits are, how the Service works, whether there is any legal impact, and who runs the Service.
This video contains general information about the New South Wales restorative justice service the following topics will be covered one what is restorative justice two who is the service for three what are the benefits four how does it work five is there any legal impact and six who runs the service what is restorative Justice. What is Restorative Justice. Restorative justice aims to help address the harm that was caused by an offense this is done by providing a safe voluntary and confidential way in which those involved can discuss three questions. what happened? how were people harmed? what can be done to address the harm? who is the service? Who is the service for?
For when a crime has been committed the restorative justice service will will be available to any person who has been directly or indirectly harmed by the crime someone who the person harmed asks to support them in the restorative justice process such as a family member friend or counselor someone who has been sentenced as a person responsible for the crime someone who the person responsible asks to support them in the restorative justice process such as a family member or a counselor
what are the benefits restorative justice gives the person harmed the opportunity to ask questions and receive answers which only the person responsible for the offense can provide to explain to the person responsible how the offense has affectedtheir lives and to put forward ideas about how the person responsible can address the harm they have caused the person responsible has the opportunity to answer questions about what happened and why to face the fullhuman impact of their offense by hearing firsthand the experience of those who were harmed to offer an apology for their offense and its impact and to come to an agreement about how they can address the harm.
Testimonials
Here are some testimonials from people who have taken part in restorative justice Debbie met with the man who shot her brother 8 years earlier I can't explain how come I feel so different than I did before the meeting the only way I can explain it is I feel lighter please don't think this is a miracle cure of anything but for me in a way I got back my life I got back me Kevin met with two people who robbed him 18 monthsearlier I could see that they were sincere and their remorse was genuine I felt better about them after the meeting and I must say I feel differently about the event these days Val met with the man who murdered her daughter 10 years earlier you know basically who did it and where and when but it's the little details you keep thinking about and the offender is the only one who knows the answers so I thought here's my chance to find out how does it. How does it work work there are three types of restorative justice processes in which participants can communicate with each other conferences participants can invite support persons to a meeting faet to face meetings participants can meet without support persons shuttle dialogue participants can communicate through the facilitators using letters or videos regardless of how the participants communicate there are always four phases to a restorative justice process phase one the facilitators meet with the person harmed and the person responsible separately to explain what is involved in the process this gives them time to make sure that restorative justice is likely to meet their needs before agreeing to take part phase two the facilitators help participants to prepare before communicating with each other this gives them an opportunity to think about what they want to say how they want to say it and what expectations they might have phase three the participants communicate in a way that suits their needs and wishes this can be done by meeting in person or by exchanging information through the facilitators and phase four if participants agree to a plan then it is put into action the facilitators can help participants keep to their agreements and arrange follow-up meetings or additional care and support restorative justice is entirely voluntary no one can be forced to participate or become involved in a process that they disagree with anyone can decide not to continue at any time whatever is said in the context of a restorative justice process is confidential this means that what you tell the facilitators or what you say in any meeting remains private The Only Exception will be where there is a need to prevent harm for example if any individual threatens someone else then the facilitator may need to disclose this to the authorities case records will be handled safely and stored securely in line with data protection policy the names of of individuals or any information identifying them will not be published in any evaluation report about this. Legal impact service is there any legal impact a restorative justice process can only begin after the person responsible has been sentenced and any appeal or civil action has been finalized participating in restorative justice will not have any impact on the sentence or parole of the person responsible all participants are asked to agree that whatever is said in a restorative justice process will not be used as evidence in any legal proceedings participants can seek legal advice before taking part in restorative justice however lawyers are not involved in the process as participants or observers who runs runs the
service the department of communities and Justice is responsible for managing the restorative justice service and
supervising the facilitators the restorative justice
service has been operating since 1999 and all the facilitators in this service
have received specialized training please contact us if you would
like to know more about taking part in a restorative justice
process our phone number is 0286880567 or you can write To Us by email at restorative justice dcj nw. go. auu or send a letter address to locked bag 5111 paramatta New South Wales 2124
The main purpose of a legal process is to ensure that any finding of legal guilt is evidence-based, that any sentence is fair and proportionate, and that violations of the law are denounced in a public arena. However, even after this work has been completed, a range of other issues remain.
For example, those who have been harmed by the offence may have a number of questions about matters that never came up, or were never adequately explained within the investigation or the judicial process. They may need to talk freely and openly about the impact that this has had on their lives, without worrying about the legal parameters of what they can or cannot say. They may feel that their experience and their loss has still not yet been heard or acknowledged by the person responsible for the crime, and that they have yet to see any remorse or hear an apology. They may want to be reassured, in a direct way, that the person responsible will take steps to address the underlying causes of their criminal behaviour so that it will not happen again.
Again, a person who committed the crime may have been held responsible by the justice system insofar as they have been prosecuted and sentenced. But they may feel that they have not yet taken responsibility for their actions. They have not expressed their remorse or offered a sincere apology to those who were directly or indirectly harmed by their actions. They have yet to make amends for the personal harm and suffering they have caused.
These are the kind of needs that a Restorative Justice process is designed to meet.
The Restorative Justice Service is managed by the NSW Department of Communities and Justice. It has been in operation since 1999, and all the Restorative Justice Facilitators have received specialised training.
The purpose of the Service is to provide those who are eligible with the opportunity to take part in a safe and voluntary Restorative Justice process. This can be done in variety of ways. For instance, the process can involve a facilitated face-to-face meeting or a letter exchange. The process that is used will depend on the specific needs and wishes of the participants.
Restorative Justice must be voluntary. So in this Service, if a person responsible for the offence takes part in a process, this will not have any impact on their sentence, security classification or parole. This means that a Restorative Justice process can only take place after they have been sentenced, and once any appeal or civil action has been finalised. Depending on the circumstances, a process can be held either while the person responsible is serving a custodial sentence, on parole, or after their order has expired.
A range of participants can be involved in a Restorative Justice process, depending on their needs, wishes, risks and availability. These include the following:
All participants must be over 18 years old or accompanied by a guardian.
Restorative Justice gives a person harmed by the offence the opportunity:
The person responsible for the offence has the opportunity:
Phase 1. The Facilitators meet with the person harmed and the person responsible separately to explain what is involved in the process. This gives them time to make sure that Restorative Justice is likely to meet their needs before agreeing to take part.
Phase 2. The Facilitators help participants to prepare before communicating with each other. This gives them an opportunity to think about what they want to say, how they want to say it, and what expectations they might have.
Phase 3. The participants communicate in a way that suits their needs and wishes. This can be done by meeting in person or by exchanging information through the Facilitators.
Phase 4. If participants agree to a plan, then it is put into action. The Facilitators can help participants keep to their agreements and arrange follow-up meetings or additional care and support.
Some of the victims and their friends and family have shared their thoughts and feelings after being involved in the Restorative Justice Service. Here is what they had to say:
Debbie met with the man who shot her brother 8 years earlier:
Kevin met with two people who robbed him 18 months earlier:
Val met with the man who murdered her daughter 10 years earlier:
Ron’s son killed a man in a driving accident. Ron’s whole family met with the victim’s wife.
Sharon met with the man who killed her daughter 7 years earlier:
Please save these Forms to your computer before filling them in. Completed forms can be emailed to restorative.justice@correctiveservices.nsw.gov.au.
Read the Restorative Justice Service Policy (DCJ NSW) (PDF, 620.5 KB) (PDF, 620.5 KB).
Please contact us if you would like to know more about taking part in a Restorative Justice process.
Phone 02 8688 0567
Email restorative.justice@correctiveservices.nsw.gov.au
Postal Address: Locked Bag 5111, Parramatta NSW 2124
Location: Level 8, 160 Marsden St, Parramatta NSW 2150
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