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 repair 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 voluntary program that is designed to meet your specific needs.
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.
- Understand more about what happened and why.
- Communicate with the person responsible for causing the accident you were involved in, or
- Communicate with someone else involved in the accident.
This might be a face-to-face conversation, an online discussion, a letter exchange or other form of communication. You only participate in the activities you choose, and the communication is not ongoing.
It is designed to be a one-off opportunity that causes no further harm and is beneficial to everyone involved.
If you decide to participate, you will be supported by an experienced Open Circle facilitator throughout the program. They will help you prepare for the communication and meet separately with each person as many times as needed until you are each ready.
If you do not wish to communicate with the people involved in the accident, you might be interested in exploring prevention and advocacy options. This can include ways to tell your story to help promote road safety in the community.
Restorative justice provides an opportunity for you to seek understanding, ask questions and share your experiences. While many people find the process meaningful and beneficial, outcomes can vary depending on individual circumstances. Some participants may gain clarity, acknowledgement or a sense of resolution, while others may find the process brings up unexpected emotions. Your facilitator will support you in preparing for the experience and exploring what a meaningful outcome might look like for you.
This program does not replace your legal entitlements, the legal process, or decisions related to your accident.
How restorative justice can help you
Restorative justice is based on the concept of supporting your ‘justice needs’. These are a range of needs you might have after experiencing harm connected to road trauma, that are different to therapeutic, financial, health or legal justice 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, with the other person involved.
- Hear from the other person involved in the accident and ask them questions.
- Understand more about what happened and why.
- Honour the memory of a person who has lost their life in a transport accident.
- Share your experience and tell your story, to help prevent similar situations in the future.
If you contributed to the accident, restorative justice might help you to:
- Talk about and/or acknowledge your part in the accident.
- Hear from the person injured in the accident and ask questions.
- Better understand your situation.
- Express remorse for your actions and/or offer an apology.
Restorative justice can be an emotional process and participants may experience a range of feelings before, during and after their participation. While the facilitators are trained to support you in the restorative justice process, professional emotional or psychological support is not part of the program. You are encouraged to use your support such as healthcare providers, mental health professionals or trusted people in your life, to help you navigate the experience. If you have concerns about how this may impact you, we recommend you seek guidance from a trusted professional or support person before you take part.
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?
We will pass your details on to our TAC Restorative Justice Coordinator. They will contact you to discuss the program in more detail and talk about your needs and suitability for a restorative justice program.
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 arrange a time to talk to you about your situation, how the program could help you, and what steps you might like to take.
Participating in the program does not guarantee that a dialogue with the people involved in the accident will take place. Whether a meeting or exchange 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 is not possible, your facilitator will discuss alternative ways to help you share your experience or seek the understanding you are looking for.
The restorative justice program is voluntary. You can always change your mind and 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 don’t think it will help you and your recovery.
Is there a cost to participate?
There is no cost to participate in this program. Restorative justice is one of the services and benefits you may access as a TAC client.
How long will it take?
Each process is unique, and you will be supported to complete the program in a timely manner. The timelines depend on a range of factors, including your needs and the availability of the other person or people involved.
Can I have a support person with me?
Yes you can. We understand that participating in a restorative justice process can be an emotional and challenging experience. You can have a support person with you at any stage of the process, which may provide additional comfort and reassurance. Please discuss this with your Open Circle facilitator so they can help create a supportive environment for everyone involved.
Will it impact my TAC services, benefits or legal processes?
The TAC Restorative Justice Program is voluntary. Your participation will have no impact on your entitlement to other services or benefits provided by the TAC.
It does not replace your legal entitlements, the legal process, or decisions related to your accident. If you choose to participate, you and the other person will retain your full legal rights. Any apologies offered will not be used as an admission of legal liability.
Does the other person have to participate?
The restorative justice process is voluntary. If you would like to communicate with the other person involved in the accident, they will be invited to the program.
If they decline to be involved, or they are not available, your Open Circle facilitator will consider other options to meet your needs. This might include prevention and advocacy opportunities to share your experience and tell your story, as an advocate for road safety in the community.
Do I have to meet the other person face-to-face?
No. You will be supported to communicate with the other person in a way that suits you. The communication can be in-person, online, through an exchange of letters or in another form.
How will I know when I am ready?
Your Open Circle facilitator will meet separately with you and the other person as many times as needed to make sure you’re both prepared. 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 discussion about the accident, how it has affected your life, and what you feel needs to be done to address that harm. Your Open Circle facilitator will support you to prepare for the communication and decide what you want to say.
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?
Your patient’s information will be provided to TAC’s Restorative Justice Coordinator, who will contact your patient directly to discuss their needs and suitability for the program. If your patient decides to participate in a program, the Coordinator will refer them 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.”
