Conferencing video resources

I would like to acknowledge the traditional owners and lanes we are on I pay my respects to all elders past and present to all First Nations and everyone here today.

When a young person commits certain types of offences, the police or court can choose to refer them to a Youth Justice conference. A Youth Justice conference is a key diversionary point in the New South Wales Youth Justice system. It aims to repair the harm caused by offending behaviour, support young people to reconnect with their family and community, and provide an opportunity for victims of crime to discuss the impact of the offence.

Youth Justice Conferencing is a restorative justice practice that brings together a young person who committed an offence with the victim of that offence along with other people such as a police officer, parents or carers, support people and other community representatives.

At the meeting, the young person accepts responsibility by talking about the offence and thinking about the harm they have caused. The victim tells the young person how they felt about the offence and how they were harmed. They can also ask the young person questions about what happened. The conference participants decide on an outcome plan together. The plan sets out tasks for the young person to complete to make up for some of the harm they have caused. This can include an apology, actions directly for the victim and steps to link the young person into the community.

A Youth Justice conference is a formal legal process available to young people who have admitted to or been found guilty of an offence eligible for conferencing under the Young Offenders Act. More information about Youth Justice Conferencing can be found on the Youth Justice New South Wales website https://www.nsw.gov.au/legal-and-justice/youth-justice/conferencing.

I would like to acknowledge the traditional owners and lands we are on. I pay my respects to all elders, past and present to all First Nations and everyone here today.

Chapter 1 - Conference allocation

Youth Justice Conference referrals are sent by the New South Wales police or the court to Youth Justice during the conference allocation process. The Youth Justice assistant manager will check the convenor's availability. If the convenor accepts the referral, the assistant manager will discuss the referral details and send them the paperwork.

I have a new referral from the police for you, 14 year old boy Jake who is referred for trespassing and damaged property by fire. He doesn't have a history with Youth Justice, looks like he was in a reserve next to the victim's house playing around with some spray cans and a lighter and he ended up on the victim's property we're unsure of the exact circumstances but he appears to have started a fire, damaged a fence and some trees. All right, I'm available I've conferenced one fire offence before. Do we still call Fire and Rescue New South Wales and ask if they can be involved?

Yep, we invite Fire and Rescue for all fire related referrals. I have the contact details of their community engagement unit who arrange it all so when I send you the referral paperwork I'll make sure to include their contact details too. Do you have any other details about Jake?

Not much, looks like he's had a couple of cautions before but no involvement with Youth Justice. I don't have much other information though. You'll have to find out more when you start the preparation work with Jake.

While the referral paperwork often has the contact details of the young person and the victim as well as the details about the offence, there will be many more details that the convenor will need to find out during their preparation work this could include cultural information, disability, other support needs such as an interpreter or their involvement in school or work.

All right sounds good. I'll start tomorrow. I'll give Fire and Rescue New South Wales a call ASAP and I'll call Rebecca, the police youth officer first just to check whether there's anything else I need to know before I ring Jake and the victim. I'll fill you in by the end of the week about where I'm at.

Sounds great!! Make sure to ask the youth officer about any safety concerns before you complete the risk assessment.

No worries, Rebecca's always really helpful. Talk soon. Bye.

I would like to acknowledge the traditional owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 2 - Meeting held with the convener and young person

Before the conference is held, the convenor meets with and prepares the young person, victim and all other participants for the Youth Justice Conference. When the convenor meets with the young person, they will discuss the process, their rights and responsibilities and try to find out more about the young person. This meeting may occur more than once. The conference is like a conversation between you the victim and other members of the community like the firefighter and the police officer. We'll talk about three things on the day.

First, we'll talk about the offence. You'll talk about what you did and we'll hear from the victim about what happened. Other people like the police, the firefighter and your dad will also get a chance to speak. We'll then talk about what you can do to make things right for the victim and the community and how you can stay out of trouble. Once we've agreed on some things that you can do, these will become your outcome plan. It's important that you finish everything in your outcome plan or you may have to go to court.

What sort of things will I have to do?

Well that gets decided at the conference. The victim will often ask for an apology or you may be asked to participate in a program or an activity but you get to have a say in what these are.

Okay.

So before the conference goes ahead, I need to check that you actually want to attend. You can choose not to attend. You just have to let me know if you do choose not to attend. Police can charge you and you may have to go to court. You can decide now or any time before the conference starts.

Um. Is it better to do this or go to court.?

Well that's your decision. You can get free legal advice if you have questions, but I can tell you some of the good things about participating. In the conference, if you complete the conference and your outcome plan, you won't have a criminal record for this offence. If you go to court, your case might get dismissed or you might get a sentence like a good behaviour bond or probation and a criminal record.

Yeah, I think I want to do the conference because I don't want to go to court but I don't know about seeing the lady.

Do you mean the victim?

Yeah I reckon she's pretty angry at me. I burnt down her stuff. What if she has a go at me?

I understand it is scary but the victim has a right to attend the conference too. It's also my job to make sure that everybody is respectful to each other and you're having a go at somebody, it's not really respectful. Does that make you feel a bit better about that?

Yeah.

During these meetings, the convenor will explain the young person's rights and responsibilities such as the right to have a support person attend the conference and the right to legal advice. These are also in the fact sheet provided to all young people. The convenor will ask about the young person's interests, schooling, employment and any other support they need. These questions help the convenor to understand which tasks may suit the young person best and which ones might be too difficult to complete. I also want to talk to you about consent and your privacy. I need to ask your permission to talk about you and your offence to other people, I might invite to the conference. I won't share information you don't want them to know but I do need to talk about the fire. Is this okay?

Yeah.

The young person and their parent or carer can call the convener or the Youth Justice office with questions or concerns. The convenor will provide this contact information.

I would like to acknowledge the Traditional Owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 3 - Meeting held with the convenor and victim.

Before the conference, the convenor will contact the victim and arrange a meeting with them. The convenor will explain the Youth Justice Conference process and invite the victim to attend. They will also explain other ways the victim can be involved without attending such as sending a representative or writing or recording a statement. If they want to attend, the convenor will spend time with the victim preparing them for the conference and ensuring they feel supported and safe. The convenor and Youth Justice will also refer any victims of a violent crime to victim services for access to support.

I'm not sure I want to go. I'm worried I’ll get angry or upset when I see the young fellow who did this.

I understand. Deciding whether to attend can be really hard but this is an opportunity for you to have your say and for the young person to make up for what they've done. It's also an opportunity for you to tell the young person how hurt you were and how it's affected you. Can you tell me a little bit more about what happened so I can understand better?

Yeah. The fire caused a fair bit of damage. I have to replace the fence but it's not the material stuff I'm upset about. It's the damage to the tree that's more upsetting. My uncle planted it and he'd come down in the holidays and he would use it to make traditional artifacts with us. The tree regenerates and so we've been reusing it for a long time. It's really special to our family and our culture. I'm really upset about it. I don't know if I can handle this face to face but I'd like to speak my piece. Am I allowed to have breaks during the conference?

Absolutely. You can ask for a break at any time during the conference. It's okay to be sad or angry. A support person could be helpful. Is there someone you'd like to bring?

I don't know. Can I think about it?

Of course you can.

Who will be there?

The convenor will explain who is expected to attend the conference. It will be different for each conference but usually the young person will bring a support person such as a parent or carer. A police officer will attend. Sometimes a youth worker or a caseworker or someone who can provide cultural support such as an elder. An interpreter may attend as well as any other care professional. In this case, a firefighter will also be attending.

Can I ask for an Aboriginal convenor?

Yeah, I can talk to Youth Justice about that but it depends on people's availability. I could also invite the Aboriginal community liaison officer from the police or an Aboriginal support person from another service.

Thank you.

Have you had a chance to read the fact sheet about the conference yet?

No, not yet.

The fact sheet outlines the victim’s rights including the right to attend the conference, bring a support person, send a representative and veto any suggestions for the outcome plan.

The outcome plan is the final agreement at the conference. It'll outline the task, the young person has to do to make up for the offence.

Because you've decided to attend, you've got the right to make suggestions for the outcome plan and veto or say no to any other suggestions.

Like what? Is there a list of tasks?

No, this is a chance for you to think about what would make things right for you. The most common task is for the young person to apologize in writing, in person, or maybe in another way like drawing an artwork. Is an apology something that you'd like?

Yeah, I really would.

The convenor will answer any questions, the victim and their support person or representative may have about the conference. The convenor will also consult the victim about where the conference should be held to make sure it is somewhere that they are comfortable and at a suitable time and date. Conferences can be held on the weekend and after hours.

I would like to acknowledge the Traditional Owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 4 - Meeting held with the convenor and firefighter.

The convenor will meet with all participants to explain the conference process and make sure they understand their role. Each participant has a different role some may support the young person or victim in different ways and some will attend as respected members of the community who can provide advice about a certain issue. In this example, a firefighter will be attending to provide information and advice about the fire.

Thanks for agreeing to be involved in this youth justice conference. I'd like to explain your role a little bit more in the process.

Sure no worries.

So there's some specific laws around who can attend a conference. You'll be attending as a respected

A community member who can advise participants about the fire. You also have the unique position of being able to comment specifically on this fire since you and your crew responded to it as well as talking about the dangers of fire in general and the potential consequences.

So I can talk about my personal experience?

Yeah, you can talk about what happened on the day the risks involved, any impact that sort of thing.

Can I talk to my crew who also attended the fire about what happens in the conference?

Yeah, you can talk generally about the process and how it worked but you must not talk about any details that may identify the participants especially the young person or the victim that would be a breach of their confidentiality.

All participants will have a specific role in the conference process. Some participants may support the young person to complete the outcome plan. The convenor will discuss this with the participants during the preparation to check they can assist in case the task is agreed to at the conference. In this example, the convenor and the firefighter will talk about a range of outcome plan tasks that the firefighter might be able to support.

If the young person agrees to some sort of fire safety education, what can you provide?

Yeah sure. Ummm. I can run a fire safety session straight after the conference for an hour. Also I can tell it to a young person's aging needs. Some cases a simple fire safety session is needed or other cases more prolonged fire safety program. I can also help them with a fire safety artwork or poster or even an apology to the fight crew.

Sounds great. Lots of options there. I'll make sure the victim and the young person know what's available so we can discuss it at the conference.

I would like to acknowledge the Traditional Owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 5 - Pre-conference briefing with the assistant manager.

Before the conference, the convenor meets with the assistant manager for a pre-conference review.

At this meeting, they will discuss the preparation, paperwork and address any issues or concerns. If there are significant issues, these will need to be addressed before the assistant manager approves the conference to proceed.

So tell me how has everything been going with the conference preparation.

Pretty well. The victim Tara was a bit angry at first but she really just wants the young person to understand what they've done.

Oh. Thanks for putting me in touch with Evie, the Aboriginal caseworker at your office. She's been super helpful. She came with me to meet with Tara again before the conference and Evie's also been spending some time with me just explaining the

cultural significance of the tree and why it was so important to Tara's family. I didn't really want to overwhelm Tara with all those questions so it was great to get some insights from Evie.

So Tara had a chance to talk to Evie and I about the impact that the fire had and she seems a lot more comfortable about attending the conference.

Who is her support person?

Well Evie actually suggested we reach out to Waddle Tree Youth and Family Services. They run an Aboriginal women's group so Leone the Aboriginal support worker there is going to come along to support Tara. We've also decided to hold the conference there because Jake has actually been there for some of the after-school programs and he knows the youth worker there Paul. So it seems like both Jake and Tara are both comfortable with that service and it's close to the train station.

And how is jake?

Well Jake's super nervous about facing Tara. He was also really scared that people are just going to yell at him at the conference so I've addressed that with him and his dad. I've also had a chat to Jake about some of the ideas that fire and rescue New South Wales was suggesting for his outcome plan and he's open to those. Jake's dad is really supportive. Jake also knows that Tara is expecting an apology so he's thinking about that. He might need some help writing a letter though.

That might be an opportunity to link him up with either Paul, the youth worker, or Rebecca, the police youth officer. I know Rebecca has helped some young people before with writing letters. You could also think about whether Jake can apologize in another way, either in person or by giving something to Tara, like an artwork. We've had some beautiful artwork given to victims in the past.

The assistant manager will check all paperwork is completed and will review the field work safety assessment for the conference. They will also check in about any child protection concerns. Any other needs anyone may have such as interpreting services and referral opportunities for the young person and the victim such as to victim services or a counselling service. This is also an opportunity for the assistant manager to check in with the convener about how they are feeling and provide any additional support.

You've done a great job preparing for this conference. I think you've put in a lot of effort to ensure everyone feels supported. We've gone through all your paperwork and I'm happy to sign off for the conference.

I would like to acknowledge the Traditional Owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 6 - Conference introduction.

Youth Justice conferences are a restorative justice practice that focuses on repairing the harm caused by the offending behavior and restoring relationships within the family and broader community. Every Youth Justice Conference follows the same steps. The conference will start once all participants are present. Every conference will begin with an acknowledgement of country introductions, basic ground rules and a reminder about confidentiality.

Thank you all for those introductions. I just want to remind you all that the conference is confidential. You shouldn't talk about what happens here today with anyone else or share any names or details that might identify Jake or Tara. Please turn off your mobile phones if you haven't already. We'll aim to speak with each other respectfully today and if anyone needs a short break, please just let me know.

So, we're here today to talk about the fire on Tara’s property at Fern Meadow on the 24th of November. Following the offences committed by Jake, the law requires that Jake admits to the offences and agrees to the conference. Jake do you confirm that you committed the offences of trespass and property damage by fire?

Yes.

And do you give your consent to participate in this conference today?

Yes.

Thank you.

Chapter 7 – Conference: Discussing the offense

Following the introductions, the convener asks each participant to talk about the offence what happened and how it has affected them. The victim will be given the opportunity to speak first or to hear from the young person first.

Tara has requested that we hear from Jake first, so Jake can you tell us a bit about what happened?

Oh yeah. So I was watching this program and they had these experiments and I got bored. So I went down to the park and started just mocking around. I didn't mean to set stuff on fire. I ran away when the fire started and hid in my room.

And did you tell anyone when you got home?

No, I was pretty scared. Umm but my brother smelled smoke on me and told my dad.

And how do you think Tara and her family would have felt?

Yeah, they would have been scared too.

Tara can you tell us a bit about what happened from your perspective?

Yeah look I know you said it was a mistake but the fire got close to the house and if the firies hadn't come, I don't know what would have happened. It's made us all feel pretty anxious.

And how's it affected the people around you?

I was pretty angry I still am. My biggest loss wasn't the fence. It was a stringy bark tree. You know my uncle planted the tree and he'd come down on holidays and show us how to make traditional artifacts from it like canoes. It was more than just a tree to us. It's been in our family for a long time and it's really special to our family and our culture.

Leone, as Tara's support person, is there anything that you'd like to add?

Yeah I think it's really important for Jake to understand that was more than just a trainer fence that was burnt down. That tree had really strong family and cultural connections for Tara and her family. And it really hurt Tara and her mob.

Mr. Miller, as Jake's father, is there anything that you'd like to say?

Well. I was shocked and I was shouting at him. I felt really ashamed when I found out what he'd done. I took him down the police station. I told him to tell them what he'd done because we do own up to what we do in our family. Now Jake suffered a little bit too. He did burn his hand and had to see the doctor but I hope you appreciate everyone's time and effort being here today. Jake, they're all here to help you.

So firefighter Kelleher, you're one of the first firefighters on the scene. Can you tell us a bit about your experience?

Yep. Our first priority is life. So when we first arrived in scene we checked that everyone at the property was safe. We had to work quickly to put the fire out. It was heading toward the house. We were really lucky that day there wasn't much wind and wasn't too hot so we were able to get it under control pretty quickly. If it wasn't the case, it would have been much more devastating for Tara, her family and her neighbors too.

Thank you for that. Senior constable Kennedy, is there anything you'd like to add?

Jake! While it wasn't your intention to hurt anyone, this could have been a much more serious offence. People can be seriously injured or even killed and this could have happened even if you didn't intend it to. Jake, you haven't been in much trouble before so you have the potential to get back on track so it's really important that you listen to everybody here today so that you can learn and make better choices.

After hearing all of this, Jake, is there anything else you'd like to say to Tara?

Yeah, I am. I hate talking but Tara I'm really really sorry I burnt down your fence and tree. I feel bad about it and I wish I hadn't done what I did. I'm sorry I took up your time too.

Chapter 8 – Conference: Options for resolution and support

Now the participants will discuss options for the young person to start to repair the harm course to the victim and to keep this from happening again.

Tara, is there anything Jake can do to make things right?

I'm not sure. The tree is irreplaceable. Does he have money for the fence?

I don't. I don't have any money or a job.

Look! Due to his age, he may not be able to pay toward the fence but there might be some other way he can make up for what he's done.

Jake do you know anything about Aboriginal culture? I'd like you to understand the significance of what we've lost.

No, I don't know much.

Leonie and I actually run an art program here at the Waddle Tree Youth and Family Services that includes learning about the local Dharwal people's culture and art. Jake would be welcome to attend the program.

And Jake, I've seen you at our basketball program in the past but you've stopped attending. Is that something you might be interested in attending again?

Oh yeah.

As ideas are suggested, the convenor will record these on the whiteboard. This doesn't mean, the young person has to do all of these. They are still just ideas at this stage. Some ideas may not be allowed or they may have some restrictions such as how much a young person can be required to pay back for damage caused. The convenor knows the rules and will explain them if necessary. The ideas must also be achievable for the young person's abilities and fit in with any other commitments they already have like school.

Chapter 9 – Conference: Discussion time.

Once everyone has suggested their ideas, the convenor will invite the young person and their support people to have private time away from the circle to discuss the ideas and decide which ones the young person can and can't complete. This discussion time takes about five to seven minutes. The victim will also have time without the young person present.

Jake! what do you think about the ideas we will discuss today? You seemed interested in the cultural art program we run.

Yeah I like that one.

Because so you've always been quite creative Jake. Plus it'll stop you from saying you're bored.

Yeah. I like that one. Also I know I said sorry but I don't think I said it really well. Maybe I could give Tara a painting I make in the program.

That is really thoughtful Jake.

Yeah. But we just can't pay for the fence. I mean I don't even have enough money to pay for our own fence to be fixed.

Yeah I don't really have any money.

I think it's okay to say that he can't pay since you don't have a job or any money.

The young person can also call their lawyer during this time if they are unsure about any suggestions or want to talk through any of their legal rights. Once the young person and their support people have talked through all the options, they will return to the circle to discuss with the rest of the participants.

Chapter 10 – Conference: Negotiation of outcome plan, final agreement and conclusion.

The young person and their support people come back to the circle to discuss what tasks they propose.

Jake! what tasks do you want to propose to make things right and stop this from happening again ?

Yeah. I'm going to go to the cultural program and I want to paint a picture and give it to Tara to say sorry and I want to do a fire education thing too.

Okay great. So you're going to attend the Dharawal art program at Waddle Tree. I believe that's an eight week program on Wednesday afternoon. Is that right?

Yeah. It's Wednesdays at 4 pm.

Will that suit you?

Yeah yeah and get him here by 4 pm and it isn't far from his school.

What if Jake misses one of the sessions because he's sick or something? I think five sessions will be enough for him to finish the paintings and learn a few things.

I think that's okay.

Okay great. So that's task one. So task two is painting a picture for Tara as an apology. How does that sound to you Tara? Does that sound fair?

Yeah I like that idea.

These tasks will be discussed by everyone to make sure they are achievable and to check that the victim is also satisfied with the tasks, the young person and the victim have the right to say no to any of the tasks. No other participant has this right but the aim is for all participants to agree.

All right. Looks like we've come up with three tasks that everyone agrees with.

One - Jake will attend the Dharawal art program at Waddle Tree for five sessions.

Two - Jake will complete an artwork and give this to Tara as an apology.

And three - Jake will attend the fire education course with fire and rescue New South Wales immediately after this conference.

Does everyone agree to these tasks?

The convenor will also talk to the other participants about what they can do to support the young person to complete these tasks.

I think Mr. Miller, you said you'd make sure that Jake gets to the art program.

Yeah that's right. I'll get him here on Wednesdays.

I'll make sure Jake has everything he needs to complete the artwork including paint supplies.

The convenor will write all of these tasks onto the outcome plan and read them out again. These will include expected start and finish dates of each task. The support participants have agreed to provide will also be included on the outcome plan.

Does everyone understand what Jake has to do and the support they're providing?

Yes.

Jake I want to remind you that if you don't complete any of the tasks in this outcome plan, Youth Justice will need to tell the police and you may have to go to court. If you have any problems finishing the outcome plan, you need to tell Youth Justice as soon as possible and they'll do their best to help you.

I'd also like to remind everybody who's agreed to support Jake with his outcome plan to reach out to Youth Justice for help if you need to. We'd all love to see Jake succeed with this outcome plan.

The convenor will remind everyone about confidentiality. The convenor writes up the outcome plan on a document and the young person signs it. If they are under 14 years, their parent or carer will also need to sign. The convenor will provide the young person with a copy of the plan via text message, email or post. Once this is finished, the conference is completed and all participants are asked to complete a feedback form and are invited to share refreshments together.

Jake, it's great to see you here today and participating. I know it's not part of your outcome plan but I hope to see you down at the basketball program.

Yeah. I'll see you there.

Excellent.

Thanks for your apology today Jake. I'm looking forward to seeing your painting. You did good. I appreciate you taking responsibility.

Thank you.

I would like to acknowledge the Traditional Owners and lands we are on. I pay my respects to all elders past and present to all First Nations and everyone here today.

Chapter 11 - Outcome plan task completion.

Each outcome plan task should be completed within the time frame on the outcome plan. Youth Justice will check in regularly with the young person and their support people to track the plant's progress and provide any support if needed. Once the young person has completed the outcome plan, youth justice will inform the police or court.

So in this fire safety education session, we're going to talk about the consequences of fire and misusing fire. I will also explain a few things that you can do to avoid misusing fire and some positive action that you can take if you're around other people who misusing fire. Is that okay?

Yeah. I believe that.

You burn yourself during the fight too? Is that correct.

Oh yeah. My hand.

Okay I'll also show you some burn first aid so you can understand how to help anyone in future who gets hurt by fire such as when cooking may be using a barbecue.

How long is this going to take?

About an hour. Is it okay?

Yeah that's fine and do I have to do anything afterwards?

Not for this task. But once you complete your fire education today I will let the convener know that you've finished it. But remember we all agree today on a few other tasks in your outcome plan which you still need to complete those with your other support people.

Okay.

All right. Are we ready to get started?

Sure.

Yeah

Okay