Restorative justice conferencing in an environmental offending context: the role of legislation

Abstract

Narrow conceptualizations of victimhood following environmental offending are slowly giving way to more inclusive understandings. Such victimhood being inclusive of individuals (living and future generations), communities (Indigenous and non-Indigenous), the environment, and commercial operators. Prosecution and traditional court processes fail to accommodate such victims, meaning the harm occasioned by environmental offending is not truly repaired. Restorative justice as an inclusive process offers hope in remedying such defect and can be embedded in court proceedings. Yet a strong legislative architecture is needed to encourage, facilitate and consider restorative justice in the context of environmental offending. Encouraged by the recent commencement of legislation in Victoria, Australia, which is facilitative of restorative justice following environmental offending, this article explores that legislation alongside that of New South Wales, Australia and New Zealand. Following appraisal, guidance is provided regarding what components effective legislation requires to encourage, facilitate and consider the use of restorative justice following environmental offending.