Restoring true justice to a punitive system

The National Survey of Mental Health and Wellbeing 1997, conducted by the Australian Bureau of Statistics, found that almost one in five Australians aged 18 or more met criteria for a mental disorder at some time during the 12 months before the survey, but that only 38 per cent of people with a mental disorder had used health services.

These results suggest a large unmet need for mental health services, and among this group young Australians are the most highly represented.

Throughout Australia today, those with a mental illness compounded with a problem of substance misuse are usually excluded from treatment when they finally approach either a mental health service or a drug treatment unit.

Mental health services say that they cannot deal with the substance use, and drug services explain that they are not equipped to deal with the symptoms of mental illness. Many young Australians are now the victims of what is being called "ping-pong therapy", because our existing health services do not have the capacity to respond to the needs of young people in a holistic way.

Much of the recent dramatic increase in the Australian prison population can be explained by recognising this dynamic relationship existing between untreated mental health needs, subsequent illegal use of drugs as a form of self-medication, and the eventual intervention by the criminal justice system. Imprisonment is both far more expensive than community mental health care and, more importantly, is less effective.

There is another approach the community, and our political leaders, could take in dealing with public safety and crime control. It is an approach very much consistent with the value base of the Judaeo- Christian community. It is called "restorative justice".

Restorative justice is concerned with bringing about reconciliation and healing and ensuring that the views of all parties are heard: the victim, the offender and other members of the community who could be regarded as stakeholders.

Restorative justice seeks personal accountability, notable by its absence in our present criminal justice system, where individuals are encouraged to deny responsibility. It also seeks to create opportunities for better human interaction, and for the healing of wounds, especially those of victims who often feel unrecognised and unsupported in our existing structures. Victims are generally not assisted by seeking revenge, but by healing, which takes away some of the pain and the fear.

Restorative justice places reparation, rather than punishment, as a central concern and has been seen, where it is being implemented, to bring about a reduction in both offending and prison numbers.

How refreshing it would be to discover an Australian politician with responsibility for shaping criminal justice policy in this country committed to implementing reform that incorporated restorative justice principles. Restorative justice is an approach to the complex issue of crime and punishment that could enhance the quality of life of all Australian citizens, an approach that incorporates true justice.