Appendix D
Guidelines/good practice standards for providers of alternative justice programmes

Entry and process

1Guidelines or good practice standards should include when and how a provider will undertake the risk and suitability assessments (including how to apply the risk assessment framework), guidance on determining the consent of the victim and perpetrator when applying the eligibility criteria, factors to consider in determining whether a young person has the appropriate maturity and capacity to participate and the appropriate age of participation and so on.

2Guidelines/practice standards need to set out the matters that participants need to be advised of prior to participation in the programme, including how their legal rights will be affected by participation and completion (for instance, a completed programme would be a bar on criminal prosecution), what privilege does and does not cover, what constitutes completion of the programme, what kind of outcomes might be considered, the circumstances in which a provider may cease provision of the programme, the review rights of participants, the participants’ rights to legal advice and how the information collected will be used and disclosed.

3The guidelines/practice standards will need to set out how, practically, the provider will go about applying the suitability assessment, the information to be sought from the victim and perpetrator, and what other information should be sought.794

Outcomes and completionTop

4The guidelines/practice standards need to set out guidance for providers on the parameters of outcomes and how to assess whether an outcome is broadly proportionate, appropriate and able to be monitored.

5As the provider will be responsible for monitoring the perpetrator’s compliance with the terms of the outcome agreements and providing any agreed assistance towards fulfilling the terms, the guidelines/practice standards will need to provide guidance for providers in this regard.

6If an outcome agreement is not fulfilled, it would be open to the victim to lay a complaint with Police in respect of the sexual violence. The guidelines/practice standards would need to provide guidance for the provider on when and how it should advise the complainant of their rights regarding an unfulfilled outcome agreement and seeking enforcement of any term of the outcome agreement.

7Guidelines/practice standards should cover what constitutes completion of the relevant alternative process. The guidelines/practice standards should also indicate when and how to conclude the process – for instance, the provider may choose to convene a meeting (which the victim could choose whether or not to attend) once the perpetrator had completed the terms of the outcome agreement, in order to acknowledge the completion of the agreement and provide some closure, or there may be some other guidance on concluding the process. Guidelines/ practice standards should also give information to providers as to when and what information needs to be provided for monitoring purposes at the conclusion of the programme and process.

8Guidelines/practice standards should indicate when it would be appropriate for a provider to cease provision of the programme, how to do this and what information to provide to the participants concerning rights of review.

9The guidelines/practice standards should provide detail as to exactly what information should be retained regarding the participants, how information concerning participants should be recorded and when and how information should be provided to the central register, and when and how it is permitted to disclose any information held by it.

794Relevant information may include a perpetrator’s previous criminal offending and any other information, such as the granting of a restraining order under the Harassment Act 1991; a protection order under the Domestic Violence Act 1995; a community treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Protection of Personal and Property Rights Act 1988; and Child, Youth and Family notifications of concern.