Restorative Justice in Queensland
Restorative justice is one of the most effective tools in Queensland's criminal justice system — and one of the least understood. It diverts cases away from the courtroom and towards a structured conversation between the person who caused the harm and the person who was harmed. When it works, it produces better outcomes than a conviction — for the offender, for the victim, and for the community. This guide explains how restorative justice conferencing works in Queensland — for children and young people under the Youth Justice Act 1992 , and for adults through the Adult Restorative Justice Conferencing program. It also explains the significant changes made by the Making Queensland Safer Act 2024 and the 2025 Amendment, and what those changes mean in practice.
What Is Restorative Justice?
Restorative justice is an alternative to the traditional court process. Instead of a prosecutor presenting a case to a magistrate or judge, and the court imposing a sentence, restorative justice brings together the people directly affected by the offence: The person who committed the offence (who must admit to it) The person who was harmed — or their representative Family members and support people on both sides A trained, independent convenor who facilitates the process The conference is not a courtroom. There is no judge, no bar table, no formal rules of evidence. It is a structured conversation — facilitated by a trained convenor — in which the group discusses what happened, how people were affected, and what needs to be done to repair the harm. If the conference produces an agreement — an apology, restitution, community work, counselling, or other commitments — and the person completes what they agreed to do, the matter is resolved. In most cases, that means no prosecution and no conviction. This is not a soft option. Sitting across from the person you harmed and hearing directly how your actions affected their life is confronting — often more confronting than standing in a courtroom while a prosecutor reads out a summary of facts.
How a Conference Works — Step by Step
Whether the conference is for a young person under the Youth Justice Act or an adult through the Adult Restorative Justice Conferencing program, the process follows a similar structure. Before the Conference The convenor — a trained, independent facilitator — meets separately with each party before the conference takes place. These pre-conference meetings are essential: The person responsible is told what to expect, asked to reflect on the impact of their actions, and confirmed as willing to participate The victim is given a clear explanation of what will happen, reassured about their safety, and asked what outcomes would help them Family members and support people are briefed on their role For Aboriginal and Torres Strait Islander participants, the convenor considers inviting a respected person from the community or a community justice group representative The Conference Itself A conference typically lasts about 90 minutes and follows a structured format: The offence is acknowledged. The person responsible describes what they did and confirms their admission. This is not a re-litigation — they are not defending themselves The victim speaks. The person harmed (or their representative) describes how the offence affected them — emotionally, financially, practically. If the victim does not wish to attend, they can have a representative speak, or provide a pre-recorded or written statement Family and support people contribute. Parents, partners, friends, and community members can speak about the wider impact Discussion. The group discusses what happened and why. The person responsible can answer questions. This is often the most powerful part of the process The agreement. The group works towards an agreement — a set of commitments the person responsible will carry out to address the harm What the Agreement Can Include A verbal or written apology to the victim Financial restitution — repaying what was lost or damaged Voluntary community work Attendance at counselling, anger management, or drug and alcohol programs Participation in educational programs Creative expressions of remorse — a letter, artwork, or similar Commitments about future behaviour — such as staying away from certain places or people After the Conference The agreement is monitored. If the person completes everything they agreed to, the matter is finalised — in most cases, that means no prosecution and no conviction. If they fail to comply, the matter can be referred back to court or to police for further action. The conference itself is confidential and privileged . What is said in the room cannot be used as evidence in court proceedings. This is fundamental — it allows people to speak honestly without fear that their words will be used against them later.
Youth Justice — Restorative Justice for Children
For children and young people aged 10 to 17, restorative justice conferencing is fully legislated under Part 3 of the Youth Justice Act 1992 (Qld). It is embedded in the youth justice system — not an add-on, but a core pathway. Queensland was one of the first Australian jurisdictions to legislate youth restorative justice conferencing. The first pilot program ran in Cairns in 1996. Statewide conferencing has been available since 1998. Youth conferences are convened by government-employed convenors within the Department of Youth Justice — not by the court, not by police, and not by lawyers. The convenor is independent. The Five Referral Pathways There are five ways a young person's matter can be referred to a restorative justice conference: 1. Police Referral (section 22) When a child admits committing an offence, a police officer can refer the matter to a conference instead of charging the child. The officer must consider whether a caution is insufficient but a prosecution would be disproportionate — and whether the interests of the community and the child would be better served by conferencing. If a conference agreement is reached and completed, the child is not liable to be prosecuted (section 23). 2. Court Diversion (sections 162–163) When a child pleads guilty in the Childrens Court, the court must consider referring the matter to a restorative justice conference instead of sentencing. This is not discretionary — it is a mandatory consideration. If the court does not consider it, that is an error in the sentencing discretion. If the child completes the conference agreement, the charge is dealt with — no conviction is recorded. 3. Section 24A — Charge Dismissal If a child pleads guilty and the court is satisfied that police should have referred the matter to a restorative justice process rather than charging the child, the court can dismiss the charge entirely and refer it to conferencing. This is a powerful provision — it recognises that not every charge should have been laid in the first place, and provides a mechanism to correct that. 4. Pre-Sentence Referral (section 162(2)) When a child is found guilty — whether after a plea or after a contested hearing — the court must consider referring the matter to a restorative justice conference to help decide the appropriate sentence. The conference does not replace sentencing, but its outcome informs the sentence. 5. Restorative Justice Order (section 175) The court can order participation in a restorative justice conference as a sentencing order. The child has 12 months to complete the conference. This pathway has been restricted since December 2024 — see the section below on recent changes. The Key Requirement Across all pathways, the child must admit to the offence . Restorative justice is not available for contested matters. If the young person denies committing the offence, the matter must be dealt with through the court process. What If the Child Doesn't Comply? If the child fails to make an agreement, or makes one and doesn't comply, the referral is returned — to police (for a police referral) or to the court (for a court referral). The police officer must then decide whether to take no action, issue a caution, refer again, or start a prosecution (section 24). The court must consider the child's participation in the conference and anything done under the agreement when deciding what to do next.
What Changed in December 2024
The Making Queensland Safer Act 2024 , which commenced on 13 December 2024, made significant changes to youth sentencing — including restorative justice. The Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025 extended those changes further. What Was Removed Restorative Justice Orders (section 175) are no longer available as a sentencing option for prescribed offences. Originally 13 offences were prescribed; the 2025 Amendment added 20 more, bringing the total to 33. These include: Murder, manslaughter, unlawful striking causing death Grievous bodily harm, wounding, serious assault, acts intended to cause GBH Robbery, attempted robbery (armed or in company), burglary Dangerous operation of a vehicle (causing death or GBH) Unlawful use of a motor vehicle Rape, attempted rape, assault with intent to commit rape, sexual assault (aggravated) Torture, kidnapping, deprivation of liberty Arson, endangering property by fire Going armed so as to cause fear, threatening violence Drug trafficking ( Drugs Misuse Act 1986 , section 5) For these offences, the court can no longer order a young person to participate in a restorative justice conference as a sentence. The rationale given by the government is that adult sentences — which do not include RJ orders — now apply to these offences. What Has Not Changed Critically, four of the five referral pathways remain fully available for all offences — including the 33 prescribed offences: Police diversion (section 22) — still available for any offence Court diversion referrals (sections 162–163) — the court must still consider diversion for every guilty plea Section 24A charge dismissal — still available Pre-sentence referrals (section 162(2)) — the court must still consider referring to a conference before sentencing, even for prescribed offences The explanatory notes to the 2025 Amendment explicitly confirm this: "The court must still consider whether to make a court diversion referral or a presentence referral to a restorative justice process… because adult restorative justice conferencing is available for adult defendants." Other Changes Criminal history: Restorative justice agreements now form part of the child's criminal history and can be used in adult sentencing for up to 5 years after the last childhood offence Detention: Detention is no longer a "last resort" for prescribed offences — the court must now have primary regard to the impact on the victim Failure to comply: If a child fails to comply with a conference agreement, that failure is also recorded in the child's criminal history What This Means in Practice The changes narrow the court's sentencing options for serious offences — but they do not remove restorative justice from the youth justice framework. Police can still divert a child to a conference for any offence. The court is still required to consider conferencing at the guilty plea and pre-sentence stages. The conference process itself has not changed.
Adult Restorative Justice in Queensland
Restorative justice conferencing is also available for adults in Queensland — but the framework is fundamentally different from the youth system. Unlike youth conferencing, adult restorative justice conferencing is not specifically legislated for criminal matters. It operates under the Dispute Resolution Centres Act 1990 (Qld) — civil legislation designed for dispute resolution that does not exclude criminal matters. There is no equivalent of Part 3 of the Youth Justice Act for adults. The program is run by the Dispute Resolution Branch of the Department of Justice and Attorney-General. Convenors are accredited mediators appointed under the Dispute Resolution Centres Act 1990 . The service is free. Where the Service Operates The Adult Restorative Justice Conferencing (ARJC) program has staff located across Queensland, including in Cairns. The program is now a statewide service, though access can be more limited in regional and remote areas. When It Is Available Adult conferencing is available at every stage of the criminal justice process: Pre-charge — before formal charges are laid Post-charge, pre-conviction — after charging but before a finding of guilt Post-conviction, pre-sentence — after a finding of guilt but before the sentence is imposed Post-sentence — including while a person is serving a term of imprisonment or a community-based order, or after the sentence has been completed In practice, most referrals are diversionary — made before a conviction, with the charges being dropped if the conference agreement is completed. Who Can Refer Queensland Police Service — the largest referrer The Director of Public Prosecutions or a prosecutor The court Queensland Corrective Services Self-referral — either the person harmed or the person responsible can contact the program directly What Offences Are Suitable The program accepts referrals for a range of offences, including: Theft and fraud Property damage Assault occasioning bodily harm Grievous bodily harm Unlawful use of a motor vehicle The convenor assesses each referral individually for suitability. Both parties must consent and the person responsible must accept responsibility for the offence. Cases involving power imbalances, coercive dynamics, or where the safety of either party cannot be assured are generally not suitable for conferencing. What Makes It Different from Court The conference process for adults follows the same general structure as youth conferencing — pre-conference meetings, a facilitated conversation, and an agreement. But there are key differences: Both parties must consent. Unlike a court process, participation is entirely voluntary — for the person responsible and for the victim. Either can withdraw at any time The person responsible must accept responsibility. They must agree to the basic facts and acknowledge they caused harm. If they deny the offence, conferencing is not available The process is confidential and privileged. Under the Dispute Resolution Centres Act 1990 , what is said in the conference cannot be disclosed or used in court How to Access It Ask your lawyer to raise conferencing with the prosecution. Alternatively, the person harmed or the person responsible can self-refer by contacting the Dispute Resolution Branch of the Department of Justice and Attorney-General. The program is under-utilised. One significant reason is a lack of awareness among both legal practitioners and the public. If your matter may be suitable, it is worth exploring.
First Nations and Cultural Considerations
Aboriginal and Torres Strait Islander children and young people are significantly overrepresented in the youth justice system. Restorative justice conferencing has particular significance for First Nations communities — both as a diversion from the formal justice system and as a process that can reflect cultural values of kinship, community accountability, and collective resolution. Under the Youth Justice Act , when a conference is convened for an Aboriginal or Torres Strait Islander child, the convenor must consider inviting a respected person from the child's community or a representative of the local community justice group. This is not optional — it is a legislative requirement. Beyond the mainstream conferencing program, Queensland has community-based restorative justice programs in specific First Nations communities. These programs were developed in response to community and government concern about crime rates and community conflict, and they aim to address harm within the cultural context of the community. Cairns and Far North Queensland have a long history with restorative justice for First Nations communities. The original pilot conferencing programs in Queensland ran in Cairns in 1996, with specific attention to the overrepresentation of Indigenous youth in the criminal justice system.
The Lawyer's Role
A lawyer is not required to participate in a restorative justice conference. However, legal advice is important at certain stages of the process — particularly in identifying that a conference is available and making the right application to the court. Where Legal Advice Matters Identifying the pathway. Assessing whether police should have offered diversion (and making a section 24A application if they didn't); raising court diversion at the first mention; requesting a pre-sentence referral for a more serious charge Preparing submissions. The court must consider conferencing at multiple stages — a lawyer ensures those considerations are properly raised and argued Advising on the agreement. Making sure a proposed agreement is realistic, proportionate, and something the client can actually complete within the timeframe If it doesn't work out. If the conference does not proceed or the agreement is not completed, the matter returns to court — having a lawyer already engaged ensures continuity Criminal history implications. Under the new provisions, conference agreements are now recorded on the child's criminal history. A lawyer can advise on what that means in practice
Frequently Asked Questions
Does my child have to admit the offence to access restorative justice?
Yes. Restorative justice conferencing — whether through police referral, court diversion, or any other pathway — requires the young person to admit committing the offence. If the offence is denied, the matter must be dealt with through the court process. This is fundamental to how conferencing works: the starting point is acknowledgment, not adjudication.
Will a conference agreement go on my child's criminal record?
Since the Making Queensland Safer Act 2024 , yes — restorative justice agreements now form part of the child's criminal history under the Youth Justice Act . They can also be taken into account in adult sentencing for up to 5 years after the child's last childhood offence. This is a significant change from the previous position, where diversionary conference agreements were not recorded as part of the formal criminal history.
Can an adult access restorative justice conferencing in Cairns?
Yes. The Adult Restorative Justice Conferencing program has staff located in Cairns. A referral can come from police, the DPP, the court, or by self-referral. Contact the Dispute Resolution Branch of the Department of Justice and Attorney-General for more information. It is a free service.
What happens if the conference agreement is not completed?
For youth matters: the referral is returned to police or the court. Police can take no action, issue a caution, refer the matter again, or start a prosecution. The court can proceed to sentencing. The child's participation and anything done under the agreement must be taken into account. For adult matters: the charges that were held in abeyance can be reinstated and the matter proceeds through the court process.
Is restorative justice available for serious offences?
For young people, police diversion, court diversion referrals, and pre-sentence conferencing are available for all offences — including the 33 prescribed offences under the Making Queensland Safer legislation. What has been removed is the ability to make a Restorative Justice Order as a sentencing option for those offences. For adults, the ARJC program assesses each referral individually for suitability.
Does the victim have to attend?
For youth conferences, there must be some degree of victim participation — but the victim does not have to attend in person. They can have a representative attend, provide a pre-recorded or written statement, or have a representative from a victims' support organisation participate on their behalf. For adult conferences, participation is entirely voluntary for both parties — either can withdraw at any time.