Restorative justice
Restorative Justice is a non-legal process that can support your recovery after an accident.
It recognises the impact of the accident on you and can help address the emotional and psychological harm that was caused, regardless of whether the accident was your fault or not.
The following information can help you decide if participating in the TAC’s Restorative Justice Program might be right for you.
You can use the link below to register your interest. Another person, like your healthcare provider, can also complete this on your behalf after checking with you.
About the program
The TAC Restorative Justice Program is a flexible, voluntary program focused on supporting your justice needs following road trauma..
The program is delivered in partnership with Open Circle at the Centre for Innovative Justice at RMIT University. Open Circle is an experienced restorative justice service that helps bring people together to acknowledge and respond to experiences of harm.
Restorative justice can provide the opportunity for you to:
- Share your experience and tell your story – even if you don’t wish to meet with the other person involved
- Understand more about what happened and why
- Communicate with the person responsible for causing the accident you were involved in, or another person involved if you choose.
This might be a face-to-face conversation, an online discussion, a letter exchange or other form of communication. Participation is always your choice, and the process is designed to avoid causing further harm while offering benefit to those involved.
If you choose to take part, you will be supported throughout by an experienced Open Circle facilitator. They will prepare you and anyone else involved, ensuring everyone is ready for any communication.
If you do not wish to communicate with the other person, your facilitator can explore other ways for you to share your story or seek understanding.
While many people find the process meaningful and beneficial, outcomes vary. Some participants gain clarity, acknowledgement or a sense of resolution. Others may experience unexpected emotions. Your facilitator will work with you to prepare and identify what a meaningful outcome looks like for you.
This program does not replace your legal entitlements, legal processes, or decisions related to your accident.
How restorative justice can help you
Restorative justice supports your ‘justice needs’ – needs that may arise after road trauma and are different to therapeutic, financial, health or legal needs.
If you were injured or harmed in an accident, restorative justice might help you to:
- Share how your life has changed since the accident, by:
- Communicating directly with the other person involved in the accident (if helpful to you)
- Sharing your story with a facilitator to help you process your experience
- Contributing to advocacy and prevention efforts by promoting road safety through your story
- Hear from the other person involved and ask them questions
- Understand more about what happened and why
- Honour the memory of someone who lost their life in the accident.
If you contributed to the accident, the program may help you to:
- Communicate with the person affected by the accident, if this would help express your thoughts or gain understanding
- Share your reflections with a facilitator, even if you don’t want to meet with the other person
- Contribute to advocacy and prevention efforts as part of your personal growth.
You’re always in control of how you engage – there is no pressure to do anything you’re uncomfortable with.
How do I find out more or register my interest?
You can contact the TAC via the following options:
- Use our restorative justice contact form, or
- If you have a direct line for your TAC claims manager, you can contact them on that number, or
- Call the TAC on 1300 654 329.
What happens next?
Once you have filled out contact form, your details will be shared with the TAC Restorative Justice Coordinator who will get in touch to:
- Discuss the program
- Talk through your needs
- Explore whether restorative justice is suitable for you.
If you decide to participate in a program, the Coordinator will refer you to Open Circle at the Centre for Innovative Justice.
An Open Circle facilitator will then contact you to learn more about your situation, explain the program and talk through possible next steps.
Participating in the program does not guarantee that a meeting or communication with others involved in the accident will take place. Whether that occurs depends on the willingness and readiness of all parties, as well as other factors that may arise during the process.
If a direct conversation isn’t possible, your facilitator will explore other ways to help you share your story or gain insight.
Restorative Justice can be emotional, and it’s normal to experience a range of feelings before, during and after the process. While facilitators are trained to support you through the restorative justice experience, professional psychological or emotional support is not part of the program. You’re encouraged to use your own supports – such as healthcare providers, mental health professionals or trusted people to help you navigate the process.
If you have concerns, we recommend seeking advice from a trusted professional or support person before deciding to take part.
Participation is voluntary and you can withdraw from the process at any time.
Frequently asked questions
For TAC clients
What if I decide I’m not ready yet
The TAC can refer you to the program at any time. There is no obligation to continue if you feel it won’t help you right now.
Is there a cost to participate?
No, there is no cost to participate. Restorative justice is one of the services available to you as a TAC client.
How long will it take?
Each process is unique. You will be supported to complete the program in a timely manner but timelines depend on your needs and the availability and readiness of others involved.
Can I have a support person with me?
Yes. You can have a support person with you at any stage of the process, to offer comfort and reassurance. Please let your Open Circle facilitator know so they can help create a safe and supportive environment.
Will it impact my TAC services, benefits or legal processes?
No. Participation is voluntary and will not affect your TAC entitlements or legal rights. The program does not replace legal processes or decisions. An apology made through the process is not an admission of legal liability.
Does the other person have to participate?
No. Participation is voluntary for everyone involved. If the other person is not available or declines to participate, your facilitator will discuss other ways to support your needs, such as contributing to road safety and advocacy or telling your story in a different setting.
Do I have to meet the other person face-to-face?
No. You can communicate in a way that suits you – face to face, online, through letters or another form of exchange.
How will I know when I am ready?
Your facilitator will meet with you (and separately with the other person) as often as needed. The communication or meeting will only go ahead when everyone is confident that they are ready.
I’m worried about what the other person will say or feel
Restorative justice is designed to do no further harm. The process supports open discussion about the accident and its impact on your life, with a focus on your needs. Your facilitator help you prepare and ensure you feel safe and supported.
What if I need to pause or stop my involvement in the program?
You can pause or withdraw at any time. However, to ensure a respectful process for everyone involved, it is important to let your facilitator know if you change your mind or need to take a break. This helps manage expectations and supports a safe experience for all participants.
For providers
I’m a healthcare provider treating a TAC client. How can I know if my patient might benefit from this program?
As a provider, you play a key role in identifying patients who might benefit from the Restorative Justice Program. Look for indicators from your patient such as:
- interest in understanding the perspective of, or in speaking with, the person who caused the accident or whom they harmed
- feelings of unresolved emotional distress or psychological harm, for example, anger about the accident, expressions of guilt or remorse
- mention of wanting an apology or feeling that an apology would be meaningful
- indications that they are willing to offer or receive forgiveness
- references of wanting to heal from the experience and move forward
- wanting to share their story so people understand what they have been through
- discussion of the accident's impact on community relationships or family dynamics
- frustration with traditional justice processes, such as feeling unheard or dissatisfied with legal outcomes
- comments about wanting to create positive changes or learning from the accident.
How do I register my patient for the program?
You can express your patient’s interest in the program by submitting their information via the restorative justice contact form. Please ensure you have discussed this with your patient and received their consent.
What happens after I register my patient for this program?
The TAC’s Restorative Justice Coordinator will contact your patient directly to discuss their situation and whether the program is suitable. If they decide to proceed, they will be referred to Open Circle at the Centre for Innovative Justice.
Where can I find more resources or get additional support regarding the Restorative Justice Program?
Providers can also send an email to restorative_justice@tac.vic.gov.au for additional support or with questions not covered in this FAQ.
Hearing from past participants
Note: This story is written from the real experiences of people who have participated in restorative justice. It includes details of a transport accident and may be upsetting for some people.
Dave was driving home in the early hours of the morning, when he decided to run a red light at an intersection. He collided with another car, seriously injuring the driver, Amita, and her mother, Ranee, who were on their way to the airport for an early flight.
Dave was charged by police, and ultimately pleaded guilty to dangerous driving. He was sentenced to eighteen months’ imprisonment. When he was asked to participate in a restorative justice process he knew it was something he needed to do.
“I was nervous about facing up to the people I had hurt but I really wanted to apologise.”
Amita and Ranee met with a restorative justice facilitator to talk about what they wanted to get from the process.
“I was angry at the driver for doing something so selfish. I wanted him to know what we had gone through.”
By meeting Dave face-to-face, and with the support of their facilitator, Amita and Ranee were able to talk about how the collision had affected them and its ongoing impact on their lives.
“During the criminal proceedings in court, it felt like we were just hearing excuses. But during the restorative justice conversation, Dave really listened to us and was very respectful,” said Amita.
“I saw that the driver was just a person who had made a mistake,” said Ranee. “When he apologised it seemed to come from the heart.”
Dave was grateful for the opportunity. “I still feel so bad about everything that happened but being able to tell them how sorry I am has really helped.”
