Steels, Brian --- "Process for Developing a Restorative Justice Model in a Regional Area: A Feasibility and Implementation Study - Digest" [2006] AUIndigLawRpr 87; (2006) 10(4) Australian Indigenous Law Reporter 101

• Processes for Developing a Restorative Justice Model in a Regional Area: A Feasibility and Implementation Study
• Executive Summary

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Processes for Developing a Restorative Justice Model in a Regional Area: A Feasibility and Implementation Study

Dr Brian Steels

Centre for Social and Community Research and Western Australian Office for Crime Prevention

October 2006

Executive Summary

Following earlier research conducted by Murdoch University in the Court of Petty Sessions, Perth and Fremantle, on a communitarian model of transformative and restorative justice, discussions took place with communities interested in pursuing a similar range of processes of working among offenders, victims, and their collective communities.

Together with the Prison Reform Group of WA, Murdoch University’s Centre for Social and Community Research engaged in discussions with already known and respected Indigenous leaders working in Roebourne, Western Australia. From this early dialogue, ideas were fleshed out to engage in developing a model suitable for local people living in the region. During this time, the Office of Crime Prevention called for expressions of interest from universities wishing to apply for funding for ‘community safety’ research initiatives, and Murdoch University was successful in applying for funding to cover the 18 month project, in partnership with the Prison Reform Group of WA.

The project broadly aimed to examine how communities could develop and introduce a communitarian restorative approach to the aftermath of crime; one that attempts to be locally driven and sustained by grass-roots leadership whilst supported by the police and justice sector. It looked to see how a process which is inclusive, reparative and supportive of victims, and provide the means for offenders to take responsibility for their actions, could be initiated and sustained. The project was concerned with the processes required to establish a grass-roots responsive model that was feasible and able to be implemented rather than evaluating any particular model of justice. The project had to address two of the key funding priorities of the Office of Crime Prevention: the creation of civil, robust, resilient communities and crime reduction and prevention systems.

Researchers found that local Indigenous community members already suffered from high arrest and incarceration rates, poor quality and overcrowded housing, under-employment, and a myriad of other socially excluding circumstances. Against this, several community members expressed the desire to be included in reinstating local customary systems of respect and preventing crime and anti-social activities through alternative means. Many of these people continually provided energy and a willingness to develop processes for the common good whilst struggling themselves. Such was the level of resilience.

Networks were built up around key people including those engaged with the Aboriginal Legal Service, Community Development and Employment Program, Court Services, Aboriginal Visitor’s Scheme, Aboriginal Medical Service and other local Aboriginal Corporations. A small group of people joined a loosely coordinated steering committee that gave oversight to the early stages of the project. A similar group was established among key stakeholders in Perth as a reference group with an ability to collect and disseminate information pertinent to the project.

Several theoretical constructs were discussed by both Perth and Roebourne groups, including restorative, transformative and procedural justice as well as therapeutic and problem solving court processes. Attention was given to local ideas and difficulties, and to providing possible scenarios for policy makers to consider when applying the process elsewhere.

The full text of this Report is available online at the website for the Centre for Social and Community Research <http://www.cscr.murdoch.edu.au> .