Safety and accountability: Stakeholder referrals to restorative justice for domestic, family and sexual violence

Abstract

This article examines the role of stakeholders in referring domestic, family, and sexual violence matters to restorative justice (RJ) programs in the Australian Capital Territory. Drawing on interviews with 47 stakeholders—including RJ practitioners, legal professionals, government representatives, and victim-survivor support services—the study explores how stakeholders assess cases for referral, with a particular focus on safety and offender accountability. Findings indicate that many stakeholders adopt a risk-averse approach, which may inadvertently limit victim-survivors’ opportunities to engage in RJ and achieve justice-related goals. The article highlights the complexities of RJ in cases of gender-based violence, including concerns about power imbalances, minimisation by offenders, and the potential for retraumatisation. It also discusses how adapted practices, such as co-Convenor models and intensive risk assessment, can enhance the safety and effectiveness of RJ in these contexts.