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Diversionary Conferences in Australia: A Reply to the Optimists and Skeptics

NCJ Number
183519
Author(s)
Kathleen Daly
Date Published
1996
Length
24 pages
Annotation
In the context of restorative justice, this paper examines the effectiveness of diversionary conferences in Australia and New Zealand and describes several conferencing models.
Abstract
There are important differences in the aims and organizational features of diversionary conferences in Australia and New Zealand. In New South Wales, the conferencing model combines "reintegrative shaming" with family group conferencing. In South Australia, family group conferences are part of a three-tiered system of cautions, conferences, and court. Family group conferences in New Zealand depart from the typical victim-offender mediation model in that they include people who support offenders and victims. New Zealand's model is not intended as an alternative to diversion to court but rather is mandatory when criminal proceedings are contemplated or brought. The conferencing models in Australia and New Zealand are evaluated in terms of rights and due process and racist and feminist dimensions. The author concludes, based on diversionary conferences she has observed and assessed, that they have the potential to promote community good will and a positive sense of citizen engagement with legal authorities. 30 references and 3 tables