SUPPORTING DOCUMENT FOR THE ACT LAW REFORM ADVISORY COUNCIL FINAL REPORT

Acknowledgement of CountryThe ACT Government acknowledges the Ngunnawal people, the Traditional Custodians of the lands on which we live and conduct our business. We pay our respects to Ngunnawal Elders past, present, and emerging. We recognise the continuing culture and connection to country of the Ngunnawal people, and of Aboriginal and Torres Strait Islander peoples across Australia. When we talk about Canberra becoming a restorative city, we also recognise that in many different ways, these principles have been – and continue to be – practiced by Aboriginal and Torres Strait Islander peoples across this continent.

CANBERRA AS A RESTORATIVE CITY

SUMMARYOn 10 February 2016 the ACT Legislative

Assembly called on the Canberra community to “work towards the declaration of Canberra as a

restorative city”.

This commitment follows the success of the ACT Government’s restorative justice scheme, which commenced in 2005. Restorative justice allows victims of crime, offenders, and their respective support people to discuss the harm that has arisen from a criminal offence and to seek ways to move

forward.

The Canberra as a Restorative City initiative works to expand the benefits of a restorative approach outside

the criminal justice system and into other areas of Canberra life. A key focus of the initiative

is the potential to support vulnerable or marginalised members of our

community.

LRAC REPORT: CANBERRA – BECOMING A RESTORATIVE CITY

> On 8 September 2016 then ACT Attorney-General Simon Corbell MLA asked the ACT Law Reform Advisory Council (LRAC) to undertake an inquiry into fostering restorative practices in the ACT.

> In November 2016, the current ACT Attorney-General Gordon Ramsay MLA endorsed the Terms of Reference to guide the development of the ACT LRAC inquiry.

> The Attorney-General asked LRAC to give priority to work where restorative practices would have the most impact on marginalised members of the ACT community.

> The LRAC completed its Final Report Canberra – Becoming a Restorative City in late 2018. It contains 14 recommendations about diverse areas of ACT Government, including whole of government reform. The recommendations fall into these broad categories:

• establishing Canberra’s restorative values, principles and mechanisms for evaluation of restorative practice;

• accessing restorative processes as the first level of redress for complaints about failures to comply with human rights obligations;

• using restorative practice to address Aboriginal and Torres Strait Islander disadvantage;

• embedding restorative approaches to child protection and the provision of public housing;

• applying a restorative approach to public inquiries;

• considering restorative approaches in coronial processes; and

• exploring options to expand restorative efforts across the school curriculum.

Over the period that the LRAC report has been developed, awareness of and interest in the opportunities presented by restorative practices has been increasing in the ACT community.

ACT GOVERNMENT JUSTICE INITIATIVESTargeted work across government to establish restorative practices has been undertaken, is in progress or is planned. A summary of achievements and plans to date highlights the wide range of restorative initiatives that the ACT Government is committed to.

RESTORATIVE JUSTICE SCHEMEThe ACT Government has been operating a statutory Restorative Justice Scheme since 2005 which has progressively expanded to provide access to restorative justice for all victims of an offence, now including family violence and sexual offences.

INTERMEDIARY SCHEMEThe ACT Government has funded the Victims of Crime Commissioner to establish and administer an intermediary scheme to assist child complainants in sexual assault proceedings and child witnesses in homicide proceedings to provide their best evidence to police and the court, ensuring the voices of vulnerable members of our society can be heard. This initiative implements key recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and is due to commence in January 2020.

DRUG AND ALCOHOL COURTThe ACT Government committed to establish a Drug and Alcohol Court (DAC) which will be operational by the end of 2019. A DAC is a special purpose court for drug and alcohol related offenders that incorporates principles of therapeutic jurisprudence with the aim of achieving positive long-term behavioural change in offenders. A further aim of drug and alcohol courts is to improve the health and wellbeing of offenders in order to promote greater levels of participation in the community, strengthen families and improve health outcomes.

IMPROVED ACCESS TO FAMILY DISPUTE RESOLUTIONThe Justice and Community Safety Legislation Amendment Act 2019 amended the Legal Aid Act 1977 so that matters could be referred to Legal Aid for Family Dispute Resolution without the need for a party to have been granted legal assistance beforehand. This enables the provision of Family Dispute Resolution Services to a broader section of the community.

RESTORATIVE VALUES AND PRINCIPLESThe first of three planned workshops held in December 2018 was aimed at securing whole of government support for restorative practice. A community workshop is planned for early 2020 to develop a framework of restorative principles and values to be embedded into ACT-wide practice. The framework is intended to be adaptable for different organisations, with clear measurable behaviours and outcomes identified.

OTHER ACT GOVERNMENT INITIATIVES RESTORATIVE APPROACHES IN MENTAL HEALTHIn 2018 ACT Health commenced a legislative review of the Mental Health Act 2015 (the MH Act). The review report will be tabled in the Legislative Assembly in the 2019-20 year. The consultation, undertaken as part of the review process, provided an opportunity for community members and stakeholders to make submissions on the operation of the MH Act. The review will gauge how restorative practices are considered and applied in the MH Act’s operation. It also provides valuable feedback on possible amendments to ensure the MH Act meets the future needs of the community. Issues for consideration in engaging restorative practices/principles include:

> making sure mental health consumers are supported to understand their rights, including the right to review an order

> increased autonomy for mental health consumers by promoting the uptake of nominated persons and advanced care directives in lieu of involuntary orders

> the development and use of culturally safe practices in the treatment of mental health consumers – consistent with the protection of cultural rights under the Human Rights Act 2004.

RESTORATIVE APPROACHES TO ADDRESS INDIGENOUS DISADVANTAGEThe Community Services Directorate is establishing an Aboriginal and Torres Strait Islander Co-Design Forum, to work with the community to develop community-led solutions to address four key areas of policy and practice reform in Human Services. This is in response to the Aboriginal and Torres Strait Islander Agreement focus area on Cultural Integrity, and a significant platform of the Early Support: Changing System, Changing Lives initiative.

In the justice space, the ACT Government’s four-year Justice Reinvestment Strategy developed a whole of government approach to divert those at risk of coming into contact with the justice system and to support those who were in contact to reduce the likelihood of reoffending. The Justice Reinvestment Strategy, and the initiatives that followed, including Building Communities Not Prisons and Reducing Recidivism 25% by 2025, contain as a priority the objective to support Aboriginal and Torres Strait Islander people to access services addressing disadvantage. Specific restorative approaches include:

> circle sentencing – Galambany (adults) and Warrumbul (youth) Circle Sentencing provides culturally relevant sentencing options for Aboriginal and Torres Strait Islander people

> throughcare support – in collaboration with ACT Corrective Services, provides individualised, trauma informed intensive case management

> yarning circles for justice – engage Aboriginal and Torres Strait Islander people in positive and healthy experiences during the crucial period post release, connecting with culture and a journey of self-discovery to address the underlying causes of offending in order to reduce recidivism and improve life outcomes

> Yarrabi Bamirr – family-centric justice reinvestment program for Aboriginal and Torres Strait Islander families

> Clybucca Dreaming – program supporting Aboriginal and Torres Strait Islander women who have been incarcerated to make positive life changes to minimise their contact with the justice system.

RESTORATIVE APPROACHES TO CHILD PROTECTIONThe establishment of Family Group Conferencing (FGC) as a targeted child protection response provides a restorative approach to child protection for Aboriginal and Torres Strait Islander families. FGC is facilitated by Child and Youth Protection Services staff, in partnership with an outside organisation. In FGC, families are supported to be involved in the early decision-making about what support and assistance is required to either maintain a child or young person at home, or for them to be cared for in an agreed family-based arrangement. Families and professionals work together to identify priorities for support, then family members are given private space to discuss solutions. Finally, decisions are shared with the larger group and, where they meet the child’s needs, implemented by all parties.

RESTORATIVE APPROACHES IN HOUSINGThe ACT Housing Strategy underpins the ACT Government’s efforts to strengthen social housing including by providing a range of housing options that better meet the diverse needs of tenants, a tenancy service that focuses on individual needs and outcomes, and an improved customer experience. The Strategy includes a commitment to work with the ACT community to build a model social landlord framework and build capacity for an Aboriginal controlled community housing organisation. Housing ACT is also designing and implementing a digital service delivery channel that is complementary to existing services and provides improved access to information and essential services.

RESTORATIVE APPROACHES TO PUBLIC INQUIRIESThe Chief Minister, Treasury and Economic Development Directorate (CMTEDD) is responsible for the Royal Commissions Act 1991 and Inquiries Act 1991. CMTEDD, with JACS, will work with directorates to prepare Government responses to inquiries in accordance with restorative principles and practices.

RESTORATIVE APPROACHES IN CORONIAL PROCESSESThe Restorative Coronial Reform project will explore opportunities to enhance the accessibility, timeliness and transparency of the coronial system for families engaging in the coronial processes. This project will focus on strengthening restorative practice in the coronial system so that it aligns with the needs of the people using it. The reforms are expected to be delivered in stages commencing in the 2019-20 year.

RESTORATIVE APPROACHES IN THE SCHOOL CURRICULUMThe Education Directorate is committed to the implementation of restorative practices in schools and acknowledges how current initiatives align with restorative principles such as participation, fairness, shared problem solving and values such as equity, respect and inclusion. These core values underpin the Future of Education Strategy, a ten-year roadmap for the future of education in the ACT, that includes a strong focus on student wellbeing to support engagement with learning and the development of young people to make a positive, constructive contribution to the ACT community.

Restorative principles underpin the Education Directorate’s multifaceted approach to supporting student wellbeing. The Education Directorate’s Safe and Supportive Schools Policy sets the foundation and expectations for schools to foster positive, healthy and respectful relationships where students demonstrate pro-social values and are equipped with social and emotional skills for life.

The Safe and Supportive Schools policy also requires every ACT public school to promote positive social behaviour. This is undertaken through Positive Behaviour for Learning (PBL), a whole school approach to creating a safe and supportive environment through strong evidence-based systems and practices. The PBL approach incorporates the theoretical understanding of brain functioning from a neuroscience and trauma-informed lens.

The ACT Education Directorate has embraced this evidence-based approach, with 57 of 88 schools having started PBL implementation (as of September 2019).

All government schools will adopt a PBL approach as the PBL framework continues to be rolled out.

The Education Directorate is committed to ensuring schools are inclusive places where students, families and staff feel welcome, accepted, valued and connected. Respectful Relationships Education (RRE) is a curriculum area that promotes gender equality, respectful, equal and non-violent relationships. Education is currently working to strengthen practice in this area by promoting whole-of-school approaches.

We are also committed to restorative practice in our work around cultural integrity which seeks to develop staff capability to identify, challenge and question their own cultural assumptions, values and beliefs. It seeks to provide an organisational culture where individual strengths are honoured and validated; where individuals contribute to a dynamic, reflective and responsive school or workplace; and where we are responsive to the impact of histories on contemporary Aboriginal and Torres Strait Islander practices and protocols.

The Education Directorate recognises there is potential to expand the use of restorative practices in ACT public schools and will continue to explore opportunities to intentionally and systematically embed restorative practice principles in relevant policies, procedures and programs.

FUTURE PLANS The ACT Government is committed to developing the use of restorative practices across the ACT. We acknowledge the significant work that organisations such as the Canberra Restorative Community Network and the Conflict Resolution Service are already doing in this space and anticipate ongoing collaboration that will support the expansion of restorative principles and practices in the ACT.

As our initiative progresses, we anticipate that the understanding of restorative principles and practices will expand.

A vision document is available that outlines the different priorities for the coming year, with key priorities being in the coronial reform space, ongoing training and awareness for ACT Government and community organisations and a community-led framework to establish shared values, principles and behaviours that support a restorative approach.

Progressing Canberra towards its goal of being declared a restorative city will require genuine collaboration across government and with the community to understand our unique needs, strengths and solutions.