Research Paper for Transforming Justice Australia and Open Circle: Developing a National legislative framework or guidelines for the use of restorative justice in response to sexual violence in Australia

Abstract

Presently, there is no national legislative framework for the application of restorative justice (RJ) in sexual violence settings in Australia. Due to Australia’s federal system, RJ opportunities are inconsistently available across states and territories, restricting access to victim-offender dialogue and rehabilitation throughout the criminal justice system (CJS). This report proposes the establishment of a national best practice framework, based on an extensive review of the literature. It will first consider the necessity of this exercise framed within the context of Australia's current state-based legislative frameworks, and international obligations. Given this environment, best practice standards will then be identified with relevant examples. The proposed legislative framework protects, standardises, and empowers existing RJ structures, with a focus on broadening the relevance of these processes for Indigenous peoples, children, and victims of crime, with a human rights ethic.