A Review of The Training and Accreditation of Restorative Justice Facilitators in Aotearoa New Zealand

A Review of the
Training and
Accreditation of
Restorative Justice
Facilitators in
Aotearoa
New Zealand

Executive Summary 4
INTRODUCTION 4
CURRENT SYSTEM HAS A NUMBER OF POSITIVE ASPECTS 4
TRAINING IMPROVEMENTS 4
ACCREDITATION IMPROVEMENTS 4
PROMOTING PROFESSIONAL DEVELOPMENT 5
SPECIALIST WORK 5
WORKFORCE PLANNING 5
MORI, TIKANGA, KAWA AND RESTORATIVE JUSTICE TRAINING AND ACCREDITATION 6
VALUE FOR MONEY 6
VISUAL OVERVIEW OF THE FINDINGS OF THIS REVIEW 6
Training Program Design, Awareness Of Training, Selection Of Participants And
Access

12
GOOD TRAINING IN GENERAL 12
AWARENESS OF TRAINING 12
GETTING THE RIGHT PEOPLE ON THE TRAINING PROGRAMME - THOSE WITH APPROPRIATE PRE-

SKILLS 12
IMPROVEMENTS TO PROVIDER GROUP PRE-SELECTION AND PRE-SKILLS BUILDING WITH POTENTIAL
TRAINEES 13
COURSE SELECTION PROVIDER GROUP SELECTION AND SUPPORT 14
ACCESS TO TRAINING 15
OTHER ROLE TRAINING 16
Training Curriculum, Content and Organization, Topics, Competencies 18
TRAINING AREAS COVERED 18
COVERED EXPECTED AREAS 18
PRE-COURSE MODULES 18
ADDITIONAL TOPICS 18
NZQA 19
Teaching, Learning & Assessment 20
OVERALL TEACHING 20
OPPORTUNITIES FOR IMPROVEMENT 20
LEARNING RESOURCES 21
WORKBOOK 21
ASSESSMENT 21
NEW MODES OF DELIVERY 22
Programme Management & Quality Assurance 23
WHO SHOULD RUN THE RJ FACILITATORS COURSE? 23
QUALITY ASSURANCE AND IMPROVEMENT FROM FEEDBACK 23
Ongoing Professional Development 24
AN IDEAL INDUCTION PROCESS 24
FORMAL TRAINING 25
EARLY-CAREER MENTORING 25
SUPERVISION 25
DEVELOPING CAREER PATHWAYS 27
DELIVERY OF NETWORKING OPPORTUNITIES 27
OTHER ROLES 27

2

Accreditation Programme Purpose and Design 28
CLEAR PURPOSE FOR ACCREDITATION 28
DELAYS 28
AWARENESS OF ACCREDITATION 29
EFFECTIVENESS OF PROVISION OF CURRENT ACCREDITATION SYSTEM 29
WHAT IS THE BEST APPROACH TO ADOPT TO RE-ACCREDITATION 30
ENCOURAGING FURTHER PROFESSIONAL TRAINING AS PART OF RE-ACCREDITATION 30
THE CURRENT APPROACH TO ACCREDITATION ASSESSMENT IS SOUND 32
ACCREDITATION MODERATION 32
WHEN SHOULD PEOPLE BE ABLE TO APPLY FOR ACCREDITATION? 32
HOW HARD SHOULD IT BE TO GET ACCREDITED 33
PROVIDER GROUP ACCREDITATION 33
Best Practice, Gaps, Issues and Quality Review 34
PROMOTING BEST PRACTICE IN THE SECTOR
THE CASE OF REPORT WRITING, A PARTICULARLY VISIBLE AND IMPORTANT ASPECT OF BEST
PRACTICE
34

34
POSSIBILITY OF A FORMAL QUALITY MARK APPROACH TO ENSURING BEST PRACTICE. 34
Workforce Planning 35
The Need for Facilitator Specialisation 36
SPECIALISATION 36
CONTINUUM OF RISK 36
SAFETY AND SPECIALISED CONCERNS AND COMPETENCIES 38
HIGH EMOTION RJ WORK 38
PRISON WORK 38
FAMILY VIOLENCE TRAINING AND ACCREDITATION 39
RECOGNITION OF PRIOR TRAINING 40
BEING ABLE TO ASSESS RISK 41
ENTRY TO SERVICE REQUIREMENTS FOR PROVIDER GROUPS 41
Mori, Tikanga, Kawa and Restorative Justice Training and Accreditation 42
LACK OF MORI ASSESSORS 42
APPROPRIATE TRAINING IN TIKANGA AND KAWA FOR RJ FACILITATORS 42
Conclusion 45
Appendices 46
APPENDIX 1: REVIEW METHODOLOGY 46
APPENDIX 3: SEMI-STRUCTURED INTERVIEW SCHEDULE 48
APPENDIX 4: FACILITATORS SURVEY QUESTIONNAIRE 49
APPENDIX 5: PROVIDER GROUPS AND STAKEHOLDERS SURVEY QUESTIONNAIRE 50
ACKNOWLEDGEMENTS 51
DoVIEW OUTCOMES MODEL 52

3
Executive Summary

INTRODUCTION
This review examines Restorative Justice (RJ) training and accreditation in New Zealand. It takes
place within the wider context of the New Zealand government seeking to significantly increase the
number of RJ conferences that are undertaken. If an increased emphasis on RJ within the New
Zealand justice system is to be implemented successfully, it requires an appropriate level of RJ
facilitator capacity and capability. A key aspect of building this capacity and capability is training and
accreditation for those who fill this role. Hence the Ministry of Justice (MOJ) has commissioned this
review through Restorative Justice Aotearoa (RJA), the professional association for restorative
practices agencies and professionals in New Zealand.

CURRENT SYSTEM HAS A NUMBER OF POSITIVE ASPECTS
This review has found that a number of aspects of the existing system of RJ facilitation training and
accreditation are sound, in particular the idea of a training course combined with an accreditation
process. The reviewers therefore propose building on the existing base that has been constructed over
a number of years, in order to further develop the area of RJ in New Zealand.

TRAINING IMPROVEMENTS
There were many positive comments from respondents about the current RJ facilitators' training
course, including excellent trainers; good structure for the course; and good teaching methods (e.g.
extensive use of role-plays).

However a number of improvements were suggested such as urgent updating of the resources used in
the current core RJ facilitator training; further attention to the best way of teaching Mori tikanga and
kawa; greater focus on key topics such as report writing; and consideration of whether there could be
some discretion about the modules different trainees need to complete, depending on their existing
skill levels.

This review makes recommendations regarding content of the core RJ facilitators course and also
suggests other courses that could be developed, including a generic RJ training module that could
provide information about RJ to a range of people, not just RJ facilitators. At the current time some
people are attending the facilitator training course who are not primarily in RJ facilitation roles and
this can have the effect of diluting the focus of the course for the other participants. In addition to the
suggestion about a generic RJ course, other recommendations are made about introducing specialist
topic courses (e.g. family violence).

ACCREDITATION IMPROVEMENTS
The review found that the basis of the accreditation system is sound. A number of people thought the
experience of being accredited was very useful for their professional development. However there are
some practical issues with the accreditation system that need to be improved, including the
availability of assessors; delays in processing the results of assessments; the need for Mori assessors;
a better reassessment process; and the integration of accreditation with a professional development
pathway that all RJ facilitators should follow.

4
PROMOTING PROFESSIONAL DEVELOPMENT
The RJ facilitator role is a relatively new professional role. While it is important to have ongoing
professional development for any professional role, it is particularly important for a professional role
in the early stages of its development.

The reviewers believe that there should be eight components to any overall professional development
process: induction; formal training; accreditation; early-career mentoring; supervision; continuing in-
service training; the provision of networking opportunities; and providing attractive career pathways.

Each of these eight components needs improvement in the case of RJ facilitation in New Zealand.
Looking at each of these areas: induction of new RJ facilitators needs to be boosted by encouraging
and assisting provider groups in doing this. The formal training system improvements that are
recommended in this review need to be implemented. This review's recommendations for improving
the current accreditation system should be adopted. Early-career mentoring needs to be provided by
provider groups. Supervision for all RJ facilitators needs to be promoted. The provision of in-service
training for RJ facilitators need to be improved by provider groups, Restorative Justice Aotearoa and
the Ministry of Justice. A range of networking opportunities needs to be provided by the same groups.
Lastly, the challenges of developing coherent and attractive career pathways for RJ facilitation in a
diverse community-based sector need to be overcome.

In addition to specific recommendations for improving components of the professional development
process, this review also recommends that information on professional development plans should be
included as part of the accreditation and reaccreditation process.

SPECIALIST WORK
While some RJ facilitation work is generic, other RJ work is intertwined with a variety of specialist
issues. The predominant other issues are: high-emotion and serious offending (e.g. homicide); prison
work; family violence; and, sexual offending. Doing RJ work where one or more of these issues co-
exist necessitates high-quality risk management; specialist skills; and, in some instances (e.g. sexual
offending) requires embedding RJ within a wider program of treatment for the offender.

There are important implications for training and accreditation arising out of specialist work. A risk
management continuum can be identified: from specialist work which requires minimal additional
training (e.g. high-emotion work); through to that which requires extensive additional training,
specialist accreditation and working within a network of referral provider partners dealing with the
specialist topic (e.g. family violence). Finally, there may be instances where all of the above is
required, plus embedding the RJ work within a formal treatment programme for the offender, such as
for sexual offending.

The Ministry of Justice is currently producing guidelines and competencies for doing RJ where family
violence and sexual offending is involved. These guidelines will provide a strong foundation for the
development of training and accreditation standards in the specialist topics area.

WORKFORCE PLANNING
This review is primarily concerned with how to improve training and accreditation for RJ facilitators.
However, there is a wider question that lies behind this. This question concerns the number of RJ
facilitators needed to meet the expected demand for RJ conferences under the Government's new
policy on this topic. Almost all the facilitators contacted for this review with whom the reviewers
discussed workload issues, felt that they were currently under-utilised. This suggests that there is

5
significant spare capacity in RJ facilitation at the current time that can go towards meeting the
demands made by the new regime.

It is not possible to exactly predict whether this spare capacity will be sufficient to meet the increased
demand for RJ facilitators going forward. The best approach to this issue is to adopt an 'agile-based
planning approach'. This approach is where organisations or sectors collect 'real-time' feedback on
what is happening and respond immediately with a flexible strategic response. This could be achieved
through surveys of Provider Groups, or less formally from ongoing liaison during the transition period
between the MOJ, RJA and contracted provider groups; and information from RJ facilitators about
their current workload collected at the time of accreditation. This sector intelligence could inform a
quick response by the MOJ to take steps to increase the number of RJ facilitators should this prove
necessary, or to reduce the number of places available in training courses should it become obvious
that there is an oversupply of RJ facilitators.

MORI, TIKANGA, KAWA AND RESTORATIVE JUSTICE TRAINING AND
ACCREDITATION
Two issues in regard to Mori are dealt with in this review. The first is the lack of trainers and
accreditation Assessors who are Mori. This needs to be addressed by the MOJ. Recently a Mori
trainer has been recruited by the training provider, this is a positive development. The second issue is
the type of preparation that is needed for non-Mori RJ facilitators to work effectively with Mori. A
set of levels of intensity for working with Mori are identified in this review from working
occasionally with Mori, most of whom do not have strong knowledge of tikanga and kawa; working
with some Mori in non-Mori settings; and working with Mori in Mori contexts.

The objective of the core RJ facilitator training course should be to equip facilitators to be able to
work in the first of these situations and to know when and how to seek cultural supervision when
reviewing a referral. Additional training needs to be provided to those who wish to work in other
situations. It is important that provider groups and facilitators have good connections with their local
iwi and know where they can access appropriate assistance.

VALUE FOR MONEY
The economic benefit of Restorative Justice is likely to be large because previous studies have
indicate that the use of restorative justice leads to reductions of future victimization, and to justice
sector cost savings from both fewer offenders returning to court, and reduced imprisonment rates
1
.
The economic cost of reoffending is high and RJ is likely to yield a high return on investment. In
order for RJ processes to be run effectively RJ facilitators need to have appropriate knowledge and
skills. Therefore, training and accreditation for RJ facilitators is likely to be adding significant
economic value. It is however outside the scope of this review to undertake a cost-effectiveness or
cost-benefit analysis of the value of RJ facilitator training and accreditation.

VISUAL OVERVIEW OF THE FINDINGS OF THIS REVIEW
The methodology used in this review included the use of the DoView Visual Program Review
Process (http://doview.com/u/programreviews.html). This is an approach to reviewing an
organisation, program or sector in which a visual model (an Outcomes DoView

1
Ministry of Justice (2011). Reoffending Analysis for Restorative Justice Cases: 2008 and
2009. Wellington, June 2011. http://www.justice.govt.nz/publications/global-
publications/r/reoffending-analysis-for-restorative-justice-cases-2008-and-2009.

6

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http://doview.com/plan/draw.html) is built of the programme that is under reviewed. This
visual model also shows the location of the programme within its wider context. The
advantage of this approach is that it is the fastest way of the reviewers becoming clear about
what the programme consists of and what it is that is being reviewed. The DoView can also
be used as a way of communicating with interviewees in the course of the review. In addition
it can also be used to provide a visual summary of what the review found. Below are the two
key pages from the DoView Outcomes Model. The model works from left to right with the
outcome on the right. The traffic lights on the boxes show the extent to which issues were
identified with each box. Green means that only minor issues were identified, red means
major issues. The full DoView Outcomes Model is includes as an Appendix and the webpage
version of the DoView is available at
http://doview.com/doviews/1/restorativejusticereview112.html.

Well designed
training with
clear
objectives and
based on
good practice

Well
managed
training

Trainees are able
to access training
(.e.g location,
cost)

Trainees,
stakeholders and
organisations
knows training is
available

Appropriate
selection
processes

User-friendly training (e.g. web
based systems)

Culturally appropriate training

Training consistent throughout
the country

Regular training held

Good use of new technologies
in training

Training is well delivered

Quality learning resources

Different roles have
appropriate training
offered (e.g.
facilitators,
coordinators)

Curriculum
appropriate
(uptodate, well
organised, right
skills)

Right topics offered
in training and
training future-
focused (e.g.
domestic violence)

Suitable range of
levels offered in
training (e.g. basic/
advanced)

Right people
trained and they
do the right
courses (role)

Appropriate
numbers of
trainees are
trained (ethnicity,
gender, age)

Appropriate and
well moderated
assessment
DoView.com/plan/draw.html

Quality
training

Cultural competence of trainees enhanced

Training is appropriate from a Maori perspective

Ongoing review and quality assurance of training and improvement from feedback and evidence

Training provides value for money

aw according to Duignan's Outcomes Model Rules. DoView.com/plan/draw.html. Webpage version of this model available at DoView.com/doviews/1/restorativejusticereview112.html. Paul Duignan paul@parkerduignan.com

Well designed
accreditation
system with
clear objectives
and based on
good practice

Facilitator
accreditation is
credible to
individuals,
stakeholders
and employees

Sufficient
assessors

Sufficient
resources

Stakeholders and
employers know
about facilitator
accreditation

Facilitators know
about accreditation

Facilitators are able to
access accreditation

Facilitator accreditation
is incentivised (e.g.
from contract
providers,
organisationally) and
facilitators see it as
having benefits
personally for them

Appropriate accreditation period

assessment methods appropriate,
well moderated and set at right
level

Facilitator accreditation is
culturally appropriate

appropriate from a Maori
perspective

transferrable across different
sectors

transparent

Accreditation fits
into facilitators'
career pathways

Accreditation is
ongoing and
appropriate
approach to re-
accreditation

Right people
accredited

Appropriate
numbers of
people are
accredited
(ethnicity,
gender, age)

High-quality
facilitator
accreditation
system

Facilitator accreditation accords to natural justice and fairness

Ongoing review and quality assurance of accreditation system and improvement from feedback and evidence

Accreditation system provides value for money
7
Draw according to Duignan's Outcomes Model Rules. DoView.com/plan/draw.html. Webpage version of this model available at DoView.com/doviews/1/restorativejusticereview112.html. Paul Duignan paul@parkerduignan.com
RECOMMENDATIONS

Recommendation 1: That the Facilitator I nduction Training Enrolment Form be improved to
make the expected pre-skill requirements more explicit. (Desirable, MoJ ).

Recommendation 2: That consideration be given to the removal of the no criminal history
requirement for potential facilitators so that wounded healers who have become socially
integrated and rehabilitated can work as RJ facilitators. That RJ A lead the investigation of the
possibility of removing the no criminal history requirement for potential facilitators and work
with MoJ and provider groups to develop assessment and engagement guidelines on this issue if it
is considered a sound concept. (Desirable, RJ A, MoJ ).

Recommendation 3: That provider groups ensure that:

1) those they send to the RJ facilitator training courses have the necessary pre-skills to
benefit from the training (if necessary by developing these in their induction process)
(Necessary, Provider Groups);
2) trainee RJ facilitators have an apprenticeship plan for working towards accreditation
(Necessary, Provider Groups);
3) participants studying the pre-course modules are provided with input from a mentor or
their provider group team to maximise learning when on the core course. (Desirable,
Provider Groups);
4) every trainee RJ facilitator has active mentoring in their first year arranged by their
provider group. (Necessary, Provider Groups); and,
5) every RJ facilitator has an internal or external supervisor arranged by their provider
group. (Necessary, Provider Group).

Recommendation 4: That face to face training of RJ facilitators continue to be delivered at a
national level for the next several years. I n the longer-term, transferring aspects of the training to a
sophisticated on-line e-learning environment should be kept under active consideration by the
MOJ . (Desirable, MoJ ).

Recommendation 5: That generic training in some form be provided for people from other RJ
roles. Whether electronic, face-to-face or a combination of both needs to be considered further
when the future mix of training is determined. (Desirable, MoJ ).

Recommendation 6: That:

1) to the extent possible, the content of the MoJ course should be expanded to include both
specific skills e.g. report writing, identification of family violence and sexual offending, and
general awareness of issues such as raising the profile of RJ , the need for cultural and
clinical supervision and issues surrounding children's attendance. However, given the
course is of limited duration, the addition of these topic needs to be weighed up against the
topics which are already in the course (Necessary, MoJ );
2) that, where possible, more learning from the group be incorporated into the delivery
approach within the core RJ course. (Desirable, MoJ );
3) that the course workbook be reviewed to see if it can be reduced in size and made more
useful as an ongoing resource (Desirable, MoJ ); and, 4) that in addition to the immediate

8
feedback collected at the end of the core RJ course, feedback should be requested from
course participants two months after completion. (Desirable, MoJ ).

Recommendation 7: That consideration be given to having the restorative justice facilitators
course approved by NZQA. (Desirable, MoJ ).

Recommendation 8: That the MOJ and RJ A investigate the need for a deskfile resource for the
RJ process as a whole including the role of the Court. The relationship between this and the course
manual would need to be clarified if such a deskfile was produced. (Desirable, MoJ and RJ A).

Recommendation 9: That provider groups be encouraged to improve their current induction
process for trainee RJ facilitators as part of the apprenticeship approach proposed in this review.
(Necessary, MoJ , Provider Groups).

Recommendation 10: That MOJ provide additional training as recommended in this review
(specialist training and some of the training topics listed in the in-service training section of this
review) and make available to provider groups a list of other relevant training that RJ facilitators
could attend to improve their skills as part of initial training and as in-service training. (Desirable,
MoJ ).

Recommendation 11: That under the standards for Ministry of J ustice contracting to provider
groups there should be good practice recommendations relating to professional development and
career pathways. (Desirable, MoJ ).

Recommendation 12: That MOJ and RJ A consider what other networking possibilities could be
arranged for RJ facilitators. (Desirable, MoJ , RJ A).

Recommendations 13: I n regard to the accreditation system the MoJ should:

1) remedy the management problems with the current accreditation system as described in
the accreditation section of this review. (Necessary, MoJ );
2) appoint more assessors in order to speed the assessment process (Necessary, MoJ );
3) provide a certificate acknowledging the status of Ministry of J ustice Accredited
Facilitators. (Desirable, MoJ );
4) communicate the details of the accreditation process and the advantages of being
accredited to RJ facilitators. (Necessary, MoJ );
5) set five years as the length of the accreditation process;
6) stagger the dates when people come up for reaccreditation to avoid a bottle-neck of re-
accreditations needing to be done. (Necessary, MoJ );
7) require that RJ facilitators when they are accredited submit a professional development
plan and two and a half years into this accreditation period require that they submit a
report on their professional development to the MOJ . (Necessary, MoJ );
8) continue the current approach to accreditation moderation. (Necessary, MoJ ); and
9) not set any fixed time for those applying for accreditation - the timing should be worked
out as part of the individual RJ facilitators apprenticeship plan. (Necessary, MoJ ).

Recommendation 14: That provider group accreditation should be encouraged by MOJ and RJ A.
(Necessary, MoJ , RJ A).

9
Recommendation 15: That possibilities be investigated for improving the standard of report writing.
(Necessary, MoJ , RJ A, Provider Groups).

Recommendation 16: That provider groups provide information about their RJ facilitators' spare
capacity in their annual reporting to MOJ . (Desirable, MoJ ).

Recommendation 17: That the requirements in regard to the level of accreditation, training,
embedding within a referral network and locating within a dedicated specialist treatment
programme for different types of specialist work be informed by the table below. (Necessary, MoJ ,
RJ A, Provider Groups).

Standard RJ
facilitator
training and
accreditation
Plus training
in high-
emotion work
Plus
specialised
training
Plus
specialised
accreditation
Plus
embedded
within a
referral
network
Only within a
dedicated
specialised
treatment
programme
Homicide

Prison-work

Family
violence

Sexual
offending

Recommendation 18: That a high-emotion specialised course be established. (Necessary, MoJ ).

Recommendation 19: That the existing accreditation process for prison work continue and
specialist training be developed. (Necessary, MoJ ).

Recommendation 20: That the MoJ consider offering a family violence advanced training module
with the pre-requisite of having completed the core RJ training course. This could be set up in
combination with specialised accreditation for family violence RJ work. Accreditation should
require having done the core RJ facilitator course, however, some grandfathering provision should
be made for those experienced facilitators who might not have done the core RJ course, but who
would benefit by doing this module. If the MoJ does not wish to offer this specialized training, that
they consider other alternatives to ensure that skill levels are sufficient in the sector in regard to
this topic. (Desirable, MoJ ).

Recommendation 21: That a sexual offending advanced training module with the pre-requisite of
having completed the core RJ training course be set up in combination with specialised
accreditation for sexual offending RJ work. Accreditation should require having done the core RJ
facilitator course, however, some grandfathering provision should be made for those experienced
facilitators who might not have done the core RJ course, but who would benefit by doing this
module. (Necessary, MoJ ).

Recommendation 22: That it be possible for experienced and skilled practitioners in the family
violence and sexual offending area to achieve accreditation. A paper-based application process that
allows facilitators to provide evidence of their prior learning and skills may be appropriate for this.

10
I f their application was successful, these experienced facilitators could proceed to the accreditation
phase without the requirement to attend training. (Necessary, MoJ ).

Recommendation 23: That the concept of an advanced facilitative-style training session be
considered where advanced practitioners in the family violence and sexual offending area could
workshop to improve their knowledge and skills. (Necessary, MoJ ).

Recommendation 24: That the MoJ actively recruits Mori assessors to remedy the current situa-
tion where there are no Mori assessors. (Necessary, MoJ ).

Recommendation 25: That the teaching of tikanga and kawa for RJ facilitators should focus on:

1. including in self-completion module 3 a compulsory assignment on working with Mori;

2. including in the block course some basics about tikanga and kawa and the dynamics and
values of whanau Maori;

3. I nformation about what is appropriate practice in regard to working with Mori and the
fact that additional knowledge and skills will be required if working more intensively with
Mori;

4. I nformation on other courses which are available to build competency in tikanga and
kawa; and,

5. I nformation about how to forge links with local Mori so as to increase knowledge and
identify associations whom a RJ facilitator could work with who have the necessary skills.
(Necessary, MoJ ).

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Training Program Design, Awareness Of Training,
Selection Of Participants And Access

While some RJ training has been available in NZ for many years, the MOJ training that is the subject
of this review was established in 2008. 109 people have attended this five-day face-to-face training
course and 8 are listed as not having completed it.

TRAINING IMPROVEMENTS
There were many positive comments about the current core RJ facilitators' training course: excellent
trainers, good structure for the course, and good teaching methods (e.g. extensive use of role-plays).

However there were a number of improvements suggested for the course (referred to as the core RJ
training course in this review). These include: urgent updating of the resources used in the training;
further attention to the best way of teaching tikanga and kawa; more focus on a list of topics such as
report writing; and consideration of whether there could be more tailoring of the aspects of the course
people need to do, depending on their level of skill.

GOOD TRAINING IN GENERAL
In general, the training is well designed with a clear purpose and focus. But there are some areas
where improvement is needed.

The RJ facilitator training was designed for the purpose of teaching the Restorative Justice role and
practice to those who already had relevant transferable skills and experience, for instance, people who
have previously been involved in facilitating groups or interviewing people for therapeutic purposes.
The objective of the training is to develop the trainees existing skills to make them ready to start
working as RJ support facilitators, able to begin their journey towards accreditation.

The training is not currently designed to teach communication or facilitation pre-skills that it is
presumed people will have prior to attending on the course. This issue is discussed in more detail
below.

AWARENESS OF TRAINING
In regard to awareness of the existence of the training course, there were no concerns raised about
lack of awareness by those who are likely to want to participate in it.

However, there may be people from outside the RJ field who could benefit from the training as a way
of gaining entry into RJ work. Because such people were not contacted as part of this review, the
reviewers do not know the level of awareness of the RJ facilitator training course amongst this wider
group.

GETTING THE RIGHT PEOPLE ON THE TRAINING PROGRAMME - THOSE
WITH APPROPRIATE PRE-SKILLS
Are the right people coming to the RJ facilitators training course? And if not, how can this be
remedied? It was reported by the trainers and those who had attended the course that some
participants in the training course did not have the necessary level of pre-skills which are required for
participants to get the most out of the course. Some had never seen an RJ conference.

12
Understandably, this was frustrating for those on the training course who had been doing RJ
facilitation for years and who saw the training as more of a refresher.

For the training to add the most value for participants, it is important that those coming on the course
have the relevant pre-skills.

IMPROVEMENTS TO PROVIDER GROUP PRE-SELECTION AND PRE-SKILLS
BUILDING WITH POTENTIAL TRAINEES
In order to ensure that those attending the course have the necessary pre-skills, provider groups should
address two aspects. The first is to put in place steps to enhance the pre-skills of participants being
sent on the training program. Second, greater selectivity is needed in deciding who provider groups
send to the training. Where a participant is attending without the sponsorship of a provider group, the
MOJ should take this role.

Provider groups need to be comfortable with turning down, or delaying, people who may want to be
sent to the training. This would be necessary when the applicant does not have the required pre-skills
and where it is not feasible for the provider group to develop these pre-skills given the induction
resources they have available.

There already exists an excellent pre-selection toolkit for selecting RJ facilitators that received praise
from respondents. A similar tool could be incorporated as an aspect of this same toolkit, which would
assist provider groups select trainees who are appropriate to send on the RJ facilitator course.

The current Facilitator Induction Training Enrolment Form could be improved to make the expected
pre-skill requirements more explicit, for example by including the identification of specific skills.
These skills include facilitation, interviewing and good general oral and written (including computer)
communication skills, experience working with a wide cross-section of the community, and
understanding of the sector. It would then be clear to the applicant filling out the enrolment form,
which areas they need to up-skill prior to going on the training.

Ideally, provider groups could have an external review process for those attending the training -
perhaps partnering with another Provider Group to review each other's potential facilitators and
provide comment on readiness or suggestions for pre-training preparation activities.

There was a suggestion of a need for facilitators who are wounded healers and that the no criminal
history requirement be removed so that potential facilitators are not precluded by reason of criminal
convictions, but rather are required to produce evidence of their social integration and rehabilitation
over recent years. In the reviewers opinion this concept has merit, however putting in place a system
which manages risk around this is not trivial. The concept should be investigated and if thought
sound, guidelines for member organization could be developed by RJA, in conjunction with their
member organizations and MoJ.

Recommendation 1: That the Facilitator I nduction Training Enrolment Form be improved to
make the expected pre-skill requirements more explicit. (Desirable, MoJ ).

Recommendation 2: That consideration be given to the removal of the no criminal history
requirement for potential facilitators so that wounded healers who have become socially
integrated and rehabilitated can work as RJ facilitators. That RJ A lead the investigation of the
possibility of removing the no criminal history requirement for potential facilitators and work

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with MoJ and provider groups to develop assessment and engagement guidelines on this issue if it
is considered a sound concept. (Desirable, RJ A, MoJ ).

COURSE SELECTION PROVIDER GROUP SELECTION AND SUPPORT
The five-day training course is designed to get trainees to the point where they are ready to go out as a
support facilitator and start an apprenticeship with experienced facilitator mentors.

Many trainees leave the course feeling very enthusiastic about RJ and keen to use their new
skills. However, at the current time, after the course some of them feel they don't get any work or
development support from their provider group.

Our recommendation is that if provider groups do not need new facilitators, then they should not send
people on the training course. If they do need facilitators, then they need to provide pre- and post-
course support for them, and ideally the expectations of a planned apprenticeship should be clearly
recorded, for the benefit of both parties.

To gain a good conversion rate of trainees to accredited facilitators, it is the opinion of the reviewers
that prior to beginning the face-to-face modules, prospective trainees need to have:

successfully completed a thorough facilitator selection process (a guide to this is provided on
the MOJ website),

successfully completed the self-completion modules which are available, preferably in a
collegial study group environment or with input and discussion from experienced facilitators,

started an induction process, so have seen conferences and understand the work and work
conditions they will have as facilitators,

been informed that there is sufficient referral demand so they have a reasonable expectation of
adequate work. If provider groups do not have enough referrals to provide facilitators with
regular work, new facilitators will become disengaged and leave. In addition, new facilitators
may reduce the workflow for experienced facilitators, which can also result in dissatisfaction
by experienced facilitators with their role.

worked with their provider group to develop a simple apprenticeship plan to their
accreditation, including clear expectations about workload, timeframes, review processes and
remuneration. A brief illustrative example is provided below.

Apprenticeship Plan for: Name

In June 2013
- complete RJ Facilitator Training Course in Auckland.

During June-July 2013
- observe or act as support facilitator at 2-4 conferences, noting observations for post-conference
debriefing (remuneration will be $x/conference),
- attend facilitator's monthly meeting,
- attend meeting with mentor(s),
- review progress with Provider Group Coordinator.

In July-August 2013

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- act as support-facilitator and take notes at 3-4 conferences and write at least 2 mock conference
reports, that will be compared with those submitted to the court and discussed with mentor(s)
(remuneration will be $x/conference),
- attend facilitator's monthly meeting,
- attend clinical supervision,
- attend meeting with mentor(s),
- review progress with Provider Group Coordinator.

In September- October 2013
- take lead-facilitator role in 3-4 conferences, with a mentor or other experienced facilitator in co-
facilitation role. Write conference report, for review by mentor/lead-facilitator, etc.

During the current period of transition to increased referral numbers, provider groups may need
additional resources to provide the required support and apprenticeship to their facilitators. This may
be more important than other efforts to increase the number of trained and accredited facilitators.

Recommendation 3a: Provider groups should ensure that those they send to the RJ facilitator
training courses have the necessary pre-skills to benefit from the training by: 1) developing these in
their induction process (Necessary, Provider Groups; 2) ensuring that trainee RJ facilitators have
an apprenticeship plan for working towards accreditation (Necessary, Provider Groups).

ACCESS TO TRAINING
It is important to make it as easy as possible for a wide range of trainees to attend core RJ facilitator
training. A bias in the type of people who become RJ facilitators can be the result of barriers to their
participation in training for the role. There are three aspects to access: the ability to travel to the
training; being able to cover the cost of not working while undergoing the training; and being free of
family responsibilities long enough to attend the training, especially if it is in another locality. The
MOJ currently pays only a travel subsidy to assist with travel costs. The costs of not working and
those associated with being able to be free of family responsibilities are not covered.

On the one hand, an argument was advanced by some respondents that training at a regional rather
than national level could help reduce access barriers related to family responsibilities. A regional
approach would mean that participants could travel home each evening. There would also be less cost
for the MOJ and provider groups resulting from travel and accommodation subsidies for participants.
A second argument in favour of regional-based training was that there are some regional differences
(e.g. rural, suburban, urban) plus diversity in the cultural make-up of local populations and training
could be tailored accordingly.

On the other hand, many respondents who had attended the training felt that the 'residential-like
nature of the course was one of most important aspects of its success. They talked about the benefits
of formal and informal training being extended into the evenings. Getting away from their day-to-day
preoccupations allowed them to concentrate more on developing their RJ facilitator skills. Secondly, a
centralised national course brings together trainee facilitators from all around country. Regional
training would tend to attract much smaller numbers and hence lack the diversity in views helpful for
any training process. The cross-provider and cross-regional networking which results from national
training was seen as an invaluable part of the whole training process by many respondents. In
particular, respondents thought that there was great value in being exposed to how other provider
groups undertook RJ conference facilitation. In fact. some thought that more time should be spent on
this aspect within the core course.

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While there are some advantages with regional training being able to concentrate on regional issues as
noted above, the general impression the reviewers obtained during the review was that the advantages
of national training outweigh those of a regionally-based training system. One respondent suggested
that participants who had to take unpaid leave from their work to attend the training course could be
paid through some other means, thus reducing the cost barrier. This does not seem viable to the
reviewers.

Finally, since the national delivery of training should continue, thought needs to be given as to how
more in-service training (as opposed to initial formal training) at a regional level could be provided.
Proposals for this are discussed in the section on enhancing professional development later in this
review.

While face-to-face training needs to be continued at least the next few years, peoples tolerance for e-
learning is steadily increasing over time, together with advances in the platforms being used for e-
learning. The MOJ should continue to be open to the possibility that a number of years from now,
more aspects of the core training could transferred to being on-line. This is particularly the case if
real-time online interaction (e.g. Skype and similar platforms) is built into the training.

Recommendation 4: That face to face training of RJ facilitators continue to be delivered at a
national level for the next several years. I n the longer-term, transferring aspects of the training to a
sophisticated on-line e-learning environment should be kept under active consideration by the
MOJ . (Desirable, MoJ ).

OTHER ROLE TRAINING
The current core RJ training is designed to focus solely on RJ facilitators. However, there are a
number of other roles in the RJ sector that may benefit from some type of training in RJ, albeit at a
less intense level than that being provided for facilitators.

As the RJ facilitator training course is the most widely recognised training in the RJ sector, it has
tended to attract a wider group of people than just those directly involved in the RJ facilitator role. For
example those who coordinate cases at court, or manage teams of RJ facilitators. Some respondents
said that having a mix of roles diluted the focus of the course from just being about RJ facilitators,
and the non-facilitator participants sometimes lacked the required skill levels for the activities
undertaken in the course.

This raises the question of whether there should be training available for people involved in other
roles within the RJ sector. This includes not just the two roles mentioned above, but also panel
members, interpreters, cultural support people and provider group coordinators/managers. There was
support for this concept from a number of respondents, with one saying 'it would be really, really
helpful for the coordinators to have specific training'.

It is recommended that generic training in some form be provided for people from other RJ roles. The
best method of providing this generic training needs to be considered in the context of the overall
recommendations in this report for additional RJ training. The reviewers do not wish to make detailed
recommendations regarding the delivery mode face-to-face versus electronic. As has just been
discussed in regard to core training, deciding on the best mix of on-line and face-to-face elements for
delivering training is something which has to take into account a rapidly transforming landscape in
regard to how much e-learning people will tolerate and rapidly improving e-learning platforms.

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Once the MOJ has decided on the basis of this report what new training should be offered, the MOJ
should then consider the best mix of modes for its delivery in consultation with experts who are up to
date with the current situation in regard the rapidly evolving possibilities for electronic delivery.

The content of the generic course could include the material in the current self-paced modules.
Together with some new material, these could be adapted on an e-learning platform to provide a
generic introduction to RJ. For instance, the material could be tailored to assist community panel
members develop their skills and understanding. Or there could be an aspect of the course tailored
for those in NGOs working with RJ facilitators, so that they could receive a good overview of the RJ
role and practice. If other material is needed for those in other roles, e.g. new provider group
managers/coordinators, these could be developed within the overall framework of the delivery the
self-paced module material and whatever new material is needed.

To complement this, it might be the case that a face-to-face training module could be developed that
provides an introduction to the RJ area. This could be delivered locally by an experienced facilitator
or provider group manager if good easily usable resources were made available. It would be attended
by interested people in the roles listed above and any others who have a specific interest in RJ, for
example Victim Support workers or Living Without Violence facilitators. Providing this additional
training forum would also mean that it was less likely that people would end up inappropriately in the
RJ facilitator training course.

Recommendation 5: That generic training in some form be provided for people from other RJ
roles. Whether electronic, face-to-face or a combination of both needs to be considered further
when the future mix of training is determined. (Desirable, MoJ ).

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Training Curriculum, Content and Organization,
Topics, Competencies

TRAINING AREAS COVERED
It appears that the training covers most of the essential generic topics that need to be covered in RJ
facilitator training. However, there are three areas of concern: issues related to Mori; more emphasis
on report writing; and provision for specialist training which is dealt with later in this review.

COVERED EXPECTED AREAS
Most respondents thought that the training covered the expected areas. One respondent even
commented that it 'went above and beyond what I expected'. Another described it as 'so packed in'
you 'don't have time to get bored' and you 'went to your room at night really exhausted'.

The training course was noted as being very good as regards approaches to victims and offenders and
on 'being sensitive to their situation and vulnerabilities'. It was noted that the training 'really helped
me in understanding the Sentencing Act' and that 'learning to deal with all the different personalities
was very helpful' (presumably referring to the role-play aspect of the training).

PRE-COURSE MODULES
The pre-course modules are a good concept and are generally well executed. Ideally, participants
should have some mentor or group discussion support when going through these.

The self-paced pre-course modules were praised as informative and insightful and provided adequate
preparation for the training course. There was a clear difference in experience between those who had
worked through the modules with input from a mentor or team from their provider group, and those
who went through them alone. Some of those who wanted more from the block course were those
who had missed out on the opportunity to discuss the pre-course modules. This was illustrated with
one participant saying 'the early online part of the course had some useful exercises but these could
have been better managed in a classroom situation with feedback that could be discussed'.

ADDITIONAL TOPICS
There are some additional topics, or expansion of topics recommended for inclusion in the training
course. These were both specialist areas such as prison work and domestic violence which are
discussed later, and generic topics which should be included in generic core RJ facilitator training.

One generic area that was mentioned was report writing. This was described as 'critical', and it cannot
just be taught through 'informal learning with their provider group'. Currently the self-completion
module on report writing is provided to trainees at the end of the face-to-face course and left to the
provider group to oversee, as part of the facilitators preparation for accreditation. Respondents
believe that it needs to be dealt with as part of the formal teaching in the core course.

A second area requested area as 'more victim-focused training and training in initial communication
with victim to advise of the benefits to them of RJ as a victim'.

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A third area was how to 'promote and raise the profile of RJ in the Justice System or the larger
community'.

A fourth area was the issue of the 'need for cultural and clinical supervision and perhaps this needs to
be a new module in the new training'.

A fifth area involved teaching guidelines for the attendance of children.

A sixth was identifying Family Violence (FV) and Sexual Offending (SO) cases. While
recommendations are made later in this review in regard to specialist RJ training, there needs to be
some general skill-building amongst RJ facilitators to improve their ability to identify when FV and
SO issues are involved in a case.

Another area noted was in regard to Mori content and working cross-culturally. Some thought that
more Mori content would be good and one even commented that the 'cultural component was totally
inadequate, e.g. Mori culture and that there should have been a greater focus on working both bi-
culturally and cross-culturally'.

However other Mori who had attended the course thought that it was 'best for RJ facilitators to get
training in working in a bi-cultural way from other sources'. There is further discussion on this in the
section on Mori and RJ training and accreditation later in this report.

Recommendation 3b: When studying the pre-course modules, participant need input from a mentor
or their provider group team to maximise learning when on the core course. (Desirable, Provider
Groups).

Recommendation 6a: That, to the extent possible, content of the MoJ course should be expanded to
include both specific skills e.g. report writing, identification of family violence and sexual
offending, and general awareness of issues such as raising the profile of RJ , the need for cultural
and clinical supervision and issues surrounding children's attendance. However, given the course
is of limited duration, the addition of these topic needs to be weighed up against the topics which
are already in the course. (Necessary, MoJ ).

NZQA

The concept of developing a restorative justice qualification on the NZQA framework was
raised with a number of respondents. In general there was mixed support for linking to the
framework. The point was made that the most value would be added by just having the
course approved by NZQA. This was in contrast to also attempting to set up a full NZQA-
type qualification. Given that a number of people wanting to do the training and
accreditation already have other qualifications, it was thought that putting effort into
establishing a full NZQA qualification was not justified at the current time.

Recommendation 7: That consideration be given to having the restorative justice facilitators
course approved by NZQA. (Desirable, MoJ ).

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Teaching, Learning & Assessment

OVERALL TEACHING
Overall the teaching in the RJ facilitator course is being well received and the teaching methods are
thought to be good in general. The training course was frequently described as effective and
adequate and excellent. Many respondents commented on how much they enjoyed the training and
a number reported it was the best training programme I have ever done. The course delivery was
excellent, with fantastic instructors who had been there, done that and provided a very supportive
environment where everything taught had a story with it that related - really interesting, really
informative. As one respondent summarised it: All in all the training provided an excellent coverage
of the whole RJ process, as well as giving each of us the tools needed for negotiating conflict and
sensitive emotions. It provided a sound basis upon which to build our knowledge and expertise in RJ
facilitation through continued experience.

Facilitator trainees noted a good balance between learning and doing, theory and practice. This might
be best illustrated by some trainees wishing there had been more role plays and less theory and others
noting that there could have been more emphasis on the theories and values underpinning the
practical skills [and] perhaps less group role-plays.

In terms of the teaching methods, the most valuable learning activities were perceived to be the role
plays of pre-conferences and conferences. Role plays were the most useful tool for me, also
described as the most effective learning and incredibly valuable. The post role play feedback
sessions were also mentioned as very helpful at teaching us individually what we needed to work on.
Several of the respondents noted that the homework aspect was a good feature of the course. In
addition, the use of the 'issues board' was a responsiveness aide that was appreciated by respondents
who had done the training. This was a noticeboard for questions and issues that was added to during
the week and ticked off at the end. A number of people also noted that follow-up emails to the trainers
after the course were responded to and that continuation of support was appreciated.

The trainers' ability to give feedback that gave encouragement, while encouraging them to develop
further was noted, and there were many comments praising having such an experienced practitioner
on the training staff and that the MOJ must continue having highly experienced RJ facilitators doing
the training.

One note for possible improvement was that one respondent commented that the positive approach
with no criticism that they experienced as feedback on their role play performance was not as
effective as if they had got free and frank critical feedback for improvement. The usual practice of
feedback consisting of 'two positives and two negatives' was noted, although some critiqued this as
unrepresentative of what their provider group actually did. Another respondent said that developing
the skill of being able to graciously take and process negative feedback on ones performance was a
marker of being able to examine ones own practice and essential to being an effective RJ practitioner
in the long-run.

OPPORTUNITIES FOR IMPROVEMENT
Despite the generally enthusiastic response to the training, a number of suggestions were made
regarding areas where the training could be improved.

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Respondents noted the helpfulness of having trainers with a broad experience in RJ and that they
modeled most of the skills as well and then communicated how we were to practice them ourselves.
There were valuable discussions that took place between the trainers and the other trainees, everyone
had the chance to have their input. Some pointed to the potential to use more of this style in the
training, saying they would have liked to have had more interaction within the wider group and the
opportunity to run the programme restoratively - that is by engaging the people present in a dialogue,
using the strengths of the group to do the educating. Another respondent would have liked to talk
about observations and tips [with] the others who were doing the training, but had previous
experience. They did not think that there was enough time in the training dedicated to this style of
learning.

Another area that raised concern was in regard to training for Mori and of Mori cultural issues. This
is dealt with in the section of this review on Mori and RJ training and accreditation.

Recommendation 6b: That, to the extent possible, more learning from the group be incorporated
into the delivery approach within the core RJ course. (Desirable, MoJ ).

LEARNING RESOURCES
The learning resources used in the training programme need to be reviewed. In particular the self
completion modules and some of the face-to-face materials have not been updated since the course
began in 2008. Some respondents saw the need for more, and newer, video examples of RJ
conferences watching the video was surprisingly helpful. The new Restoring Hope video was
identified as potentially a good additional training tool. It was also noted that videos could be used
more in the self-paced training modules.

WORKBOOK
In regard to the course workbook, some respondents commented that the resources - such as the
workbook - were very valuable and will continue to be a great reference for the future. However,
others noted that they hadn't opened their workbooks since they completed the training course. As
one respondent commented, throw out the manual, write a new one, about half the length.

Recommendation 6c: The course workbook be reviewed to see if it can be reduced in size and made
more useful as an ongoing resource.(Desirable, MoJ ).

ASSESSMENT
In regard to assessment within the course there was a wide range of comment. Some thought the
assessment process was 'fair and well-executed', saying that the trainers were ' extremely transparent
and clear in indicating what they were teaching us, and what outcomes they expected from us'. Others
appear to have misunderstood the purpose of assessment 'felt very much like a test - trainers
watching, and if I did something wrong I'd have to do it again', while some challenged the focus of
assessment, for example 'abolish the two beginning rote written assessments. Test for specific things,
like the ability to listen and reflect back - content and emotion.

One more common area of concern was that of the benchmark for passing the assessments and
completing the course: some participants who were obviously [to the respondent] not comprehending
or able, were allowed to proceed to the end, another respondent said I was unsure whether some of
the people on the course should have been passed as easily as they were although course
participants may not be aware of the outcome of their course-mates assessments, it should be noted
that continuing until the end of the course does not mean that participants have passed all their

21
assessments and indeed trainees who complete the course may need to re-sit assessments after the
course has ended. Some respondents felt that there was an unspoken understanding that if a person
stayed the course, they would pass and noted that failure to pass everybody would look like they had
done a bad job, and would be an implicit criticism of the selecting Trusts as well. The was also some
criticism of the self-directed nature of the pre-course assignments - 'the existing training process can
be manipulated due to self-directive assignments' providing opportunities for cheating as all the
answers are in the Module'.

NEW MODES OF DELIVERY
One respondent suggested having the training delivered in a modular way using e-learning with work
experience between sets. However, given that many respondents thought that the face-to-face training
was essential, this review would not recommend fully transferring the training to electronic delivery,
even with extensive use of Skype at the current. However as already discussed above, the possibilities
for using new technology should be investigated on a regular basis.

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Programme Management & Quality Assurance

WHO SHOULD RUN THE RJ FACILITATORS COURSE?
The reviewers do not have a particular view on whether the MOJ and or the sectors professional
organization, Restorative Justice Aotearoa (RJA), or some other organization should run the course.

Regardless of where the training programme is managed, it is important that the design, curriculum
and resources should be developed in conjunction with professional trainers and experienced
facilitators.

This review recommends that a range of new training workshops be made available as part of
professional development. RJA is in an ideal position to facilitate or provide such additional training,
whether or not they also took on the running of the RJ facilitator training course.

QUALITY ASSURANCE AND IMPROVEMENT FROM FEEDBACK
Training has been tweaked based on feedback but no comprehensive updating or development has
occurred since 2008.

The quality of the course is monitored with feedback sheets at the end of the course. Brief course
summaries are provided to the MOJ at the end of each course, along with the results of the
participant's feedback.

We would suggest that participant feedback on training be sought a month or two after participants
have finished the course. At this stage they can comment further on the training content and how it
prepared them for their RJ facilitation work.

One suggestion that was made was the development of a manual for the RJ process as a whole
including the role of the Court. A deskfile would be great. . . This would be an excellent resource that
Ministry of Justice could make available. Either the Ministry of Justice or RJA may wish to prepare
such a resource, if they thought it would be valuable.

Recommendation 6d: That in addition to the immediate feedback collected at the end of the core RJ
course, feedback should be requested from course participants two months after completion.
(Desirable, MoJ ).

Recommendation 8: That the MOJ and RJ A investigate the need for a deskfile resource for the
RJ process as a whole including the role of the Court. The relationship between this and the course
manual would need to be clarified if such a deskfile was produced. (Desirable, MoJ and RJ A).

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Ongoing Professional Development

The sound development of RJ facilitation in New Zealand is dependent on professional development.
We suggest it be embedded within an eight-fold overall professional development process we have
developed as part of this review consisting of: induction, formal training, accreditation, early-career
mentoring, supervision, continuing in-service training, the provision of networking opportunities,
and attractive career pathway options.

At the moment the training and accreditation aspects of these eight components are the most
developed. Aspects of the other six are happening in various ways, but there is a need for them to be
formalised, better promoted and supported.

AN IDEAL INDUCTION PROCESS
An ideal induction process would provide a fully supported introduction to RJ facilitation. It should
be based on the induction guidance that is already available on the MOJ website. The MOJ, as well as
the RJA provider group accreditation process, could more actively encourage and incentivise the use
of a comprehensive induction process by provider groups.

There was strong support from respondents regarding the importance of pre-training preparation and
in particular, having the opportunity to observe RJ conferences prior to attending the RJ facilitator
training course. They encouraged trainee RJ facilitators to 'sit in on as many RJ conferences as
possible' either as an observer or a note-taker. It helps you understand the training better and
provides a much better idea of the context and process in action and was very valuable preparation
and a must for any trainee facilitators'.

The following steps would occur in a best-practice induction process, with the trainee RJ facilitator
1) completing the self-paced modules with a study group,
2) observing conferences,
3) going away to the MOJ funded RJ training,
4) observing conferences again,
5) undertaking the report writers or co-facilitators role,
6) undertaking a more active role in pre-conferencing & conferencing,
7) undertaking the lead facilitator role, with an experienced co-facilitator,
8) receiving appropriate supervision from external supervisors,
9) having opportunities for continued learning through continuing in-service training,
10) participation in networking via RJ forums and professional conferences.

Some provider groups offered this type of induction process for their facilitators, but many facilitators
reported serious gaps in their induction and found the idea of a properly planned apprenticeship (as
described earlier in this report) as very appealing. It should be noted that provider group managers
may need training of their own to enable them to better engage with their facilitators on these topics,
and assist in the development of these plans.

Recommendation 9: That provider groups be encouraged to improve their current induction
process for trainee RJ facilitators as part of the apprenticeship approach proposed in this review.
(Necessary, MoJ , Provider Groups).

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FORMAL TRAINING
The current RJ facilitator training is one type of training that is necessary to provide the skills for RJ
facilitators. Additional training that the MOJ should consider supporting is:
- an additional generic introductory course for anyone involved in RJ in any of the RJ roles.
- specialised RJ training in particular areas (e.g. high-emotion, prison work, domestic violence, sexual
offending) as discussed below

Other relevant training courses that are already available and that facilitators could consider attending
for their own development, include:
- basic skills courses (e.g. group facilitation, oral and written communication skills),
- Mori tikanga and kawa related training,
- general cultural awareness and training related to working with particular cultural groups,
- other training in human psychology and group processes,
- understanding processes of victimization and the victim world view,
- training related to the justice system and the law.

Recommendation 10: That MOJ provide additional training as recommended in this review
(specialist training and some of the training topics listed in the in-service training section of this
review) and make available to provider groups a list of other relevant training that RJ facilitators
could attend to improve their skills as part of initial training and as in-service training. (Desirable,
MoJ ).

ACCREDITATION
Accreditation is a key component of ongoing professional development. The improvement of the
accreditation aspect of the current system is discussed in the section on accreditation below.

EARLY-CAREER MENTORING
Mentoring is an important component of professional development and it should be encouraged.

While some provider groups report using a sound mentoring system and facilitators recommend
having a mentor to work with and discuss processes, some new facilitators did not have someone
actively taking on this role with them. These respondents were very enthusiastic about the idea of
having a dedicated mentor to guide them through the first year of their RJ work.

Many commented that the best way to get ready is to start facilitating with, or in the presence of, an
experienced facilitator who can guide and counsel you when needed.

Recommendation 3c: That every trainee RJ facilitator has active mentoring in their first year
arranged by their provider group. (Necessary, Provider Groups).

SUPERVISION
Ongoing professional supervision is essential for RJ facilitators to ensure that they have a forum
where they can discuss any issues that develop in their ongoing work. Supervision can be provided
either from within a provider group or external to it. One respondent commented qualified
supervision is essential to keep ourselves accountable and safe. We need to be able to examine our
practice, talk about why something worked well so I can repeat that behaviour.

Currently, some provider groups encourage peer supervision and have trained their staff in how to do
this. Others have an external supervisor who provides group or individual clinical supervision each
month. Some provider groups do not provide any supervision for their facilitators.

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Recommendation 3d: That every RJ facilitator has an internal or external supervisor arranged by
their provider group. (Necessary, Provider Group).

FURTHER IN-SERVICE TRAINING
In this section, we have been talking about professional development as a broad concept with eight
aspects - induction, formal training etc. In this particular sub-section, we are focusing on one aspect of
this: further in-service training for those who have already completed initial formal training and been
accredited as RJ facilitators.

Further in-service training consists of a range of activities a RJ facilitator should undertake after
their initial training course to enhance their professional performance. Further in-service training
needs to be encouraged and incentivised by the Ministry of Justice. In many professions such a
requirement is linked to re-registration or re-accreditation.

A large number of topics were suggested (listed below) for ongoing in-service training and could be
run as either face-to-face seminars, or online webinars. Topics in regard to prison, domestic violence
and sexual offending have not been included as it is proposed later in this review that specialist
training in these areas be set up. Until these courses have been established however, it may be
appropriate to have in-service training in regard to some of these specialist topics. It may be helpful
for training to be provided in an ongoing capacity at the level of 'guidance to identify' these specialist
cases.

Possible topics for in-service training:
- peer-supervision,
- debriefing and using the debriefing process to identify skill gaps and areas for development - acting
as a true 'critical friend' rather than a self-congratulatory chat,
- dealing with grief,
- facilitating agreements that work (the process of development, monitoring, specificity etc),
- building for outcomes - developing a good list of outcomes from a conference,
- cultural development,
- working with youth,
- legal processes,
- reflective listening,
- dealing with aggression,
- challenging situations,
- approaching the victims,
- work related grievances - when both parties are involved in offending and see themselves as a
victim,
- trauma,
- conflict mediation,
- psychological empowerment models,
- drug and alcohol issues,
- suicide prevention,
- relevant legislation,
- the court system,
- working with panel conferences,
- working with Pacific Island peoples,
- working with Asian people (particularly for Aucklanders),

26
- gang-affiliated participants,
- Mori culture, tikanga, kawa, perhaps noho marae,
- overview of recent RJ and other relevant research,
- experiences of victims in RJ,
- inviting responsibility (overcoming barriers and engaging the non-engaged offender).

There has already been a recommendation earlier in this report suggesting that the MOJ makes some
of this in-service training available.

DEVELOPING CAREER PATHWAYS
Ideally there would be comprehensive career pathways for RJ facilitators. To a large extent, these are
dependent on the nature of the organizations in which people are employed. If employment in the RJ
sector continues to be located within small Trusts set up in a variety of ways with a variety of
employment models, developing attractive RJ career pathways is always going to be a challenge.
There are, however, some things that can be done to support the development of RJ career pathways
in spite of the nature of the sector. These largely relate to increased standardization of the employment
terms and conditions of RJ facilitators.

However, such standardization may cut across the desire for flexible employment arrangements so
that different providers in different settings can adapt their employment arrangements to their
particular situation. This would include issues of job title, job descriptions, remuneration and
succession planning for key roles.

Recommendation 11: That under the standards for Ministry of J ustice contracting to provider
groups there should be good practice recommendations relating to professional development and
career pathways. (Desirable, MoJ ).

DELIVERY OF NETWORKING OPPORTUNITIES
Networking opportunities are essential for ongoing development in any profession and are usually
very well supported. There should be support for forums taht have a networking function for RJ
facilitators.

Existing networking functions include:

1. The annual Restorative Justice Practitioners Conference
2. South Island provider groups' biannual meetings, which include training and networking.
These opportunities should be complemented by networking planning. This could, for instance,
consist of a central register of networking opportunities.

Recommendation 12: That MOJ and RJ A consider what other networking possibilities could be
arranged for RJ facilitators. (Desirable, MoJ , RJ A).

OTHER ROLES
The section above has described induction and professional development for people in the RJ
facilitation role. It may be that other RJ roles need a similar induction process. In particular the
community panel roles may benefit from an induction process, which could be offered by interested
provider groups.

27
Accreditation Programme Purpose and Design

CLEAR PURPOSE FOR ACCREDITATION
The idea of an accreditation process is a sound idea and respondents could see the advantages of
having such a framework. There are, however, some problems with the way the current system is
working, in particular delays in people gaining accreditation and the lack of Mori assessors. This is a
major problem which is discussed in the section on Mori and RJ facilitation and accreditation.

Support for accreditation is based in part on the fact that it is a way of obtaining recognition for pre-
existing experience and skills amongst those who have been practicing for a considerable length of
time. However, some provider groups reported having few facilitators interested in the accreditation
process. This may be a response to the problems and delays in the current accreditation process
described in this section and the current lack of demand for accreditation within the Ministry of
Justice contracting process.

In a wider sense there are trade-offs in having an accreditation system. Anything that makes it harder
for people to enter practicing a profession has a potential downside. On the other hand, it is essential
if the credibility of RJ facilitation is to be maintained that those doing the work do so at a certain
standard.

DELAYS
Facilitators and provider groups described many delays in the accreditation system. These can be
grouped into four areas: delays in getting the required experience for eligibility; in having an assessor
assigned to a facilitator; delays caused through difficulties in having assessors observe a conference,
and delays in receiving the result of the accreditation process.

Delays in getting the required experience for accreditation:

inadequate number of referrals being assigned to those awaiting accreditation,
lack of referrals going on to the conference stage,
the accreditation applicants lack of time to devote to RJ work while managing their existing
work and other commitments.
lack of accurate knowledge amongst facilitators as to what is required for accreditation.

Long delays between facilitators completing the internal assessment activity and a MOJ assessor
being assigned to them:
provider organizations taking a long time to complete and submit the relevant forms to the
MOJ
delays between the forms being submitted and the MOJ assigning an assessor.

Then there are often significant delays trying to get an assessor to observe a conference:
waiting for a suitable conference to be assigned to the facilitator (if sensitive or a strongly
emotive case, facilitators sometimes do not wish for the participants to have to be observed).
One respondent said they don't want to be taking something from the family.
setting a conference date that suits both the participants and the assessor, complicated by
conferences often happening at short notice. As one respondent said, I was told that there is
only one person available in the South Island to [do the assessment] and they are already busy

28
with their own work. Another said, it is up to the parties when a conference is held and not
about fitting in with flights and giving enough notice to get the best flight that works for the
assessor. [This] seriously skews priorities that take away from the heart of basic RJ best
practice.

Finally, delays were reported in receiving the results of the assessment. In one case it was reported
that it took 3 months to find out if it had been successful. The small number of assessors plays an
important role in the delays which are occurring.

The Ministry of Justice should also review their paper work in terms of notifying both the participant
that they have been successfully accredited and for how long, and the sponsoring provider group.
Those successfully completing the accreditation process should be provided with a certificate
acknowledging their achievement.

Recommendations 13a: I n regard to the accreditation system the MoJ should: 1) remedy the
management problems with the current accreditation system as described in the accreditation
section of this review. (Necessary, MoJ ); 2) appoint more assessors in order to speed the assessment
process (Necessary, MoJ ); and, 3) provide a certificate acknowledging the status of Ministry of
J ustice Accredited Facilitators. (Desirable, MoJ ).

AWARENESS OF ACCREDITATION
No problems were reported regarding general awareness of the accreditation option. Many RJ
facilitators are not doing accreditation. This is partly because there is no requirement to complete it
and hence no incentive for them to go through the process. The sector is aware of the significant
problems with the accreditation programme and the delays in completing it and this seems to be
putting off some provider groups from proceeding. Many facilitators are keen to become accredited
but say they are unsure of their current position in the process - either because they have not had
enough conferences offered to them to be able to proceed with accreditation, or because of delays
caused by either their provider group or the Ministry of Justice. While facilitators tend to know about
the accreditation programme in general, many do not seem to know about the specific requirements of
the accreditation programme, despite these being publically available on the Ministry of Justice
website.

Recommendation 13b: That the details of the accreditation process and the advantages of being
accredited should be communicated better to RJ facilitators. (Necessary, MoJ ).

EFFECTIVENESS OF PROVISION OF CURRENT ACCREDITATION SYSTEM
There was strong support for continuing with the current model that requires an assessor from outside
the facilitator's provider group. One Mori provider group observed that different provider groups
will work in different ways but the overall process used should be the same and an external assessor
system is important to this.

However, there are a range of costs associated with this approach:

potential risk to the quality of the conference, for instance when a conference might have been
postponed in the best interests of the people involved but is not delayed because of the
difficulty in arranging for the assessor to observe,
there are problems associated with the long distances assessors have to travel (e.g. in the
South Island),

29

cost of paying for the assessor's travel.

In spite of these costs the current accreditation system should be continued and enhanced.

WHAT IS THE BEST APPROACH TO ADOPT TO RE-ACCREDITATION
Many respondents expressed concern about the temporary re-accreditation system that is currently in
operation.

At present, a facilitator's initial accreditation period is three years, after which they are required to
apply for re-accreditation which uses the same process but only lasts eighteen months. At the moment,
a relatively large number of people come up for re-accreditation at the same time, which puts pressure
on the limited number of accreditation assessors. The reviewers first recommendation regarding the
accreditation system is that the dates when people come up for re-accreditation should be staggered.
This would reduce the burden on available assessors doing accreditation and re-accreditation work.
Furthermore, even if the re-accreditation period became valid for three years, it would still create
unsustainable workloads on both the RJ facilitators and the assessors, when compared to typical
requirements for other professions. A second recommendation from the reviewers is therefore that
the full re-accreditation process should only need to be undertaken every five years.

Recommendation 13c: That the dates when people come up for reaccreditation should be staggered
to avoid a bottle-neck of re-accreditations needing to be done. (Necessary, MoJ ).

Recommendation13d: That the full re-accreditation process only be undertaken every five years.
(Necessary, MoJ ).

ENCOURAGING FURTHER PROFESSIONAL TRAINING AS PART OF RE-
ACCREDITATION
In a previous section on training, an eight-fold approach to professional development was put forward
by the reviewers. It highlighted the importance of both accreditation and other aspects of professional
development such as 'in-service' training. There was a range of views amongst respondents as to
whether further in-service training should be encouraged or mandated. The fact that most major
professions have some sort of system to encourage, or require, further professional training would
suggest that RJ facilitation should have a similar system. However it is important that whatever is
proposed, further in-service training should not be overly cumbersome. It should not impose such a
time or money cost on RJ facilitators as to be a disincentive to them continuing to be facilitators. This
is particularly important in the case of RJ facilitation because for a number them, being an RJ
facilitator is an adjunct to their core profession (e.g. lawyer, social worker) where they may be
meeting smilar in-service training requirements as part of their core professional accreditation.

The promotion of in-service training needs consideration: merely telling RJ facilitators that they
should do such training is unlikely to make much difference to whether this is done or not. Motivated
RJ facilitator would continue to do further in-service training, while less motivated ones would
probably not change their behavior at all. At the other extreme further in-service training could be
mandated in some way. Looking at other professions' experience in this regard, many include a
system for monitoring whether practitioners are actively undertaking such training. One approach
requires that a certain number of 'endorsed' training courses are attended each year. This is the type of
system used by professions such as accountants and architects. Particular courses have 'professional
development credits' which are accumulated to reach a required target number of credits. A different
approach is taken by psychologists in New Zealand where each registered psychologist has to

30
maintain a professional training/development portfolio which is required each year as part of their
annual registration. A random twenty percent of those re-registering in any year have to submit their
professional development portfolios for auditing.

The first system appears complex and would require too much ongoing administration. In particular
different types of 'in-service' courses would need to be reviewed to allocate the number of
professional development credits each course should attract. The reviewers therefore are suggesting
that a simpler regime be employed. This would be one where, at the time of accreditation (or re-
accreditation), the applicant should submit a professional development portfolio. They would then be
required to report on the achievement of this two and a half years into their five year their
accreditation. This reporting would simply consist of them submitting it to the Ministry of Justice.
Whether the Ministry of Justice has a system to provide any feedback on this portfolio would depend
on the Ministrys resources at the time. A template which could be adapted for RJ facilitation is
available from the Psychologists Registration Board's website.

Recommendation 13e: That RJ facilitators be registered for a period of five years. When they are
accredited they would be required to submit a professional development plan. Two and a half years
into this accreditation period they would have to submit a report on their professional development
to the MOJ . (Necessary, MoJ ).

31
Accreditation Assessments

THE CURRENT APPROACH TO ACCREDITATION ASSESSMENT IS SOUND
In general respondents thought that the current approach to accreditation assessment was sound.

As one respondent said: The process did assess what I could and couldnt do and really was
extremely well done. If accreditation and re-accreditation is as rigorous and competent as what I
experienced then I am really impressed and supportive of it.

There were some comments in regard to the absence of Mori assessors and the appropriateness of
Pakeha assessors assessing Mori. These are discussed in the section on RJ and Mori.

ACCREDITATION MODERATION
There is currently a moderation process in place for moderating accreditation. This includes another
assessor reviewing the assessment documentation and looking at the following questions:
Was the correct assessment material used
Was the assessment completed in full
Was there sufficient evidence for each decision
Do you agree with each decision
Do you agree with the final decision competent or more evidence required
Was the feedback given to the candidate accurate and complete
Was the assessment decision recorded and reported to Ministry of Justice
Was the candidate given the assessment decision within a week of the assessment

This approach should be continued.

Recommendation 13f: The current approach to accreditation moderation should be continued.
(Necessary, MoJ ).

WHEN SHOULD PEOPLE BE ABLE TO APPLY FOR ACCREDITATION?
Some respondents felt that after training they were ready for facilitating a conference but certainly
not ready to start the accreditation process.

Currently a facilitator is required to facilitate for at least six months prior to beginning the
accreditation process, to provide them with time to progress from support-facilitator to lead-facilitator
skill level. While this time to develop skills may be required for some, it does not allow for the
diversity in skill and experience levels amongst those completing the RJ facilitator training course.
For example, the reviewers got the impression from some respondents that they felt ready to begin the
accreditation assessment process immediately after training. No fixed time should be set for applying
for accreditation, the timing should be worked out as part of the individual RJ facilitators
apprenticeship plan.

Recommendation 13g: No fixed time should be set for applying for accreditation; the timing should
be worked out as part of the individual RJ facilitators apprenticeship plan. (Necessary, MoJ ).

32
HOW HARD SHOULD IT BE TO GET ACCREDITED
At present the RJ facilitator accreditation assessment has a very high pass rate there are 39
accredited facilitators and only 1 facilitator who has been assessed as not yet competent. Is this high-
pass rate good or bad? In reflecting on this point it should be noted that in contrast to this pass rate the
Fellowship Programme of the Arbitrators and Mediators Institute of New Zealand (AMINZ)
maintains a 25% fail rate in order to 'maintain standards'. Of course RJ Facilitator accreditation
assessment is a competency-based assessment process and so the idea of striking a fail rate is not
applicable in the same way. However there is no reason why the level of competency required could
not be increased if this was felt to be desirable.

At the current time, given that there is likely to be a growing demand for RJ facilitators, it is not
certain that the pool of eligible and motivated potential RJ facilitators is large enough to adopt an
approach that would see more potential facilitators failing. The situation regarding the supply of
people seeking RJ accreditation should be monitored and if at some time in the future there proves to
be an excess of people seeking accreditation for the number of RJ facilitators required, then the idea
of increasing the level of competence required could be considered.

Such an approach is an option in any area where the number of eligible people wanting to be
accredited is larger than the number of people needed to do the work.

PROVIDER GROUP ACCREDITATION
RJ training and individual RJ facilitator training is only one part of the framework necessary to
promote good practice in RJ facilitation work. As one respondent said: we cannot just rely on the
Ministry of Justice process to become fully trained in RJ practice. It involves a lot more than that.
The question of other aspects of professional development, for example further in-service training,
networking etc. has been discussed earlier in this report. The other component which is discussed in
this section is provider group accreditation.

One of the key supports for high quality facilitation is the quality of the provider organization in
which facilitators are located. The functioning of the organisation and the support provided by the
provider group is likely to be a major influence on how an RJ facilitator goes about their work. One
group of facilitators identified what they saw as the importance of their organization - its philosophy
and the way it had been set up, as key to their effectiveness as RJ facilitators. As one respondent said:
facilitators can only be as good as their provider group. The provider group plays a key role in
providing supervision and support in a wider sense. For safe and effective practice in this rapidly
developing area it is important that RJ provider groups have a sound understanding of restorative
processes and restorative justice practice, and that that knowledge is valued and nurtured.

Provider groups need to be 'high-trust collegial operations', ideally providing the eight aspects of
professional development discussed earlier and provider accreditation can help ensure that this
happens. Those organizations that had been through the group accreditation process were supportive
of it: Everyone should have to do it. It was the best thing for the provider group that could be done. It
should be required for Ministry of Justice tender. Some respondents said that it was very important
to examine practices and check that the policies and procedures are in place: we need to sit back and
ask are we doing it well? And then check again in a few years.

Recommendation 14: That provider group accreditation should be encouraged by MOJ and RJ A.
(Necessary, MoJ , RJ A).

33
Best Practice, Gaps, Issues and Quality Review

PROMOTING BEST PRACTICE IN THE SECTOR
Best practice sharing is important for any profession as it contributes to the maintenance of consistent
standards across the sector.

Some respondents emphasised the challenge that the RJ sector is facing as it becomes more recognised
within the criminal justice system. As one pointed out we want RJ to be mainstreamed in the criminal
justice system - we won't get there if we don't meet the [required] standards. In addition, other
respondents highlighted the importance of continuing to examine practice. 'We need to keep examining
our practice - some of it is very self-congratulatory. It needs to be open to the air and examined by
everybody. Another respondent said, we need to be hard-nosed about effectiveness and need to have
very good evaluation.

The components of professional development discussed earlier in this report will to a large extent
provide the vehicles through which best practice can be shared across the sector.

THE CASE OF REPORT WRITING, A PARTICULARLY VISIBLE AND IMPORTANT
ASPECT OF BEST PRACTICE
One important aspect of best practice sharing is report writing, and for two reasons. The first is that it
is the conduit through which information about the RJ conference is communicated to the courts.
Secondly it is the visible face of RJ to key stakeholders within the criminal justice system.

Ways of improving report writing for RJ facilitation need to be explored. Some options for improving
report writing include greater emphasis on report writing in RJ training and the development of a pro-
forma template for the facilitators within a region.

Recommendation 15: That possibilities be investigated for improving the standard of report writing.
(Necessary, MoJ , RJ A, Provider Groups).

POSSIBILITY OF A FORMAL QUALITY MARK APPROACH TO ENSURING BEST
PRACTICE.
One additional way of ensuring best practice is to take some sort of formal quality mark approach.

This has been adopted by the British Restorative Justice Council. While this is something that could
be considered in the future, it is not recommended in this report that it be pursued at the current time.

34
Workforce Planning

This review is primarily concerned with how to improve training and accreditation for RJ facilitators.
However, there is a wider question that lies behind this which concerns the number of RJ facilitators
needed to meet the expected demand for RJ conferences likely to occur under the Government's new
policy.

All the facilitators contacted for this review with whom the workload issue was discussed, felt that
they were currently under-utilised. This suggests that there is significant spare capacity in regard to RJ
facilitation, but it is not possible to exactly predict whether it will be sufficient to meet the increased
demand for RJ facilitators.

The best approach to this issue is to adopt an 'agile-based planning approach'. This a approach is
where organizations or sectors collect 'real-time' feedback on what is happening and respond
immediately with a flexible strategic response. This could be achieved through surveys of provider
groups, or less formally from ongoing liaison during the transition period between the MOJ, RJA and
contracted provider groups; and information from RJ facilitators about their current workload
collected at the time of accreditation. This sector intelligence could inform a quick response by the
MOJ to take steps to increase the number of RJ facilitators should this prove necessary, or to reduce
the number of places available in training courses should it become obvious that there is an
oversupply of RJ facilitators.

Recommendation 16: That provider groups provide information about their RJ facilitators' spare
capacity in their annual reporting to MOJ . (Desirable, MoJ ).

35
The Need for Facilitator Specialisation

SPECIALISATION
While much restorative justice work is generic, there are times when specialist concerns will arise.
Providing for these in both restorative justice practice and training is complex, requiring a framework
that allows RJ facilitators to work in cases where specialist concerns exist, but only in regard to those
areas and situations where this can be done in relative safety for all concerned.

The MOJ and many in the sector agree that a one-off restorative justice intervention is unlikely to
achieve the degree of change required for family violence or sexual offending to stop. As noted in the
Restorative Justice in family violence and sexual offending cases, practice guidelines consultation
document (MOJ (2013) the use of restorative justice in family violence cases is likely to be one step
only in a much longer process potentially involving support and change programmes and services for
the victims and offenders, together with involvement of a range of other family and community
supports. The length and extent of the process will depend on the nature and extent of the family
violence.'

One respondent noted that in bringing together the parties in a family violence or sexual offending
case (with appropriate risk management), restorative justice practice is doing something very different
from other parts of the family violence or sexual offending sectors. While this provides the
opportunity for a beneficial outcome, it also presents unique risks so that it is critical that facilitators
leading such processes are accredited as having had the training and experience required to ensure a
robust assessment of, and maintenance of, safety.

Women who have experienced intimate partner violence are uniquely at risk of future harm from the
same offender. Research shows that compared to victims of stranger violence, those who have
survived intimate partner violence are at increased risk of harm even after the relationship has ended.
The potential lethality of that risk is increased if the victim has also been a victim of sexual violence
within the intimate partner relationship. In the case of intimate partner violence, the usual RJ referral
process offering RJ as an option to the offence victim is placing that person in a position where
their decision may place them in jeopardy of retaliatory harm. Therefore it is very important that there
is no expectation on the part of RJ staff, referrers or participants as to which RJ 'should' occur in any
particular case.

It should also be noted that the area of family violence requires a wide knowledge of relationship
patterns and the skills relevant to working with them so that it is possible that a facilitator could work
safely with adult sibling violence but not with intimate partner violence. Thus relevant knowledge, of
theory and current research regarding family and intimate partner violence, is vital for competent and
effective facilitation. Some of this could be learnt and assessed in self-completion modules, enabling
a richer discussion during the subsequent practical training course.

CONTINUUM OF RISK
There is a continuum of risk when specialist concerns arise in Restorative Justice that runs between
high emotion and very serious offending such as homicide, through prison-based work, domestic
violence and on to sexual offending. The further along this continuum an issue is, the more elaborate
are the safeguards that need to be in place. The reviewers believe that there should be additional
training and accreditation requirements for RJ facilitators working where specialist concerns are

36
present. Because these requirements are related to managing risk, the further along the continuum of
risk RJ work is being done, the more demanding the requirements should be.

The table below shows the requirements for more advanced training modules and accreditation based
on respondents' views and the need to adequately respond to the risk at each level of the risk
continuum.

Standard RJ
facilitator
training and
accreditation
Plus
training in
high-
emotion
work
Plus
specialised
training
Plus
specialised
accreditation
Plus
embedded
within a
referral
network
Only
within a
dedicated
specialised
treatment
programme
Homicide
Prison-
work

Family
violence

Sexual
offending

However, there were some strongly divergent opinions were offered by respondents on this matter.
One side argued that RJ work involving sexual offending should never be done unless it is done
within a comprehensive sexual offending programme (such as Project Restores model) since what
may appear to be a 'straightforward' case of sexual offending is often the tip of the iceberg in terms of
the offender's behaviour. In this view, the sexual offending aspect could overwhelm the process at any
stage and because it is not being worked with within a wider treatment programme this could expose
the parties to excessive risk.

An opposite view argued that doing RJ work in cases that involved sexual offending, at least at less
serious levels, is possible if it is done by facilitators who have the necessary training and skills. All
respondents agreed that such work needs to be embedded within a referral network that ensures that
any issue that arises can be referred and dealt with appropriately.

The reviewers conclusion from their reflection on this issue is to err on the side of caution and
recommend that any RJ work involving sexual offending should be done within a comprehensive
sexual offending programme and also be embedded within a referral network that ensures that any
issue that arises can be referred and dealt with appropriately. The safety of the RJ facilitators and their
participants is paramount. If the MoJ wished to move away from this position, the reviewers suggest
that any other approach is extensively evaluated to ensure that safety is being maintained.

37
In addition to these considerations, it is important that provider groups, and not just individual
facilitators are assessed for their readiness for undertaking and supporting the safe delivery of
referrals in this area including provision of supervision, specialist training and mentoring.

Recommendation 17: That the requirements in regard to the level of accreditation, training,
embedding within a referral network and locating within a dedicated specialist treatment
programme for different types of specialist work be informed by the table above. (Necessary, MoJ ,
RJ A, Provider Groups).

SAFETY AND SPECIALISED CONCERNS AND COMPETENCIES
As mentioned earlier in this review, the MOJ and RJA have been preparing guidelines for working
with family violence and sexual offending issues. These guidelines acknowledge the complexity of
working safely where specialised concerns are involved, and will identify facilitators skills, key
competencies and experience requirements, providing invaluable material for use in the detailed
design of specialised training modules and specialised accreditation proposed in this section of the
review.

For instance, learning how to use the guidelines for safety assessment will be an essential part of the
family violence training module and accreditation process.

HIGH EMOTION RJ WORK
All of the specialised areas have the common need for facilitators to be able to work with people
experiencing high emotion. A specific advanced training module on working with individuals and
groups experiencing high emotion would be a valuable training resource for facilitators likely to be
involved in such work on a regular basis, and could also be a pre-requisite for those wishing to apply
for advanced training or accreditation for prison work, family violence or sexual offending. A stand-
alone course would mean that any RJ facilitator could take the opportunity to up-skill in this area
without having to do all of the specialised training in one of the other advanced topics. It would also
mean that the common ground of high-emotionality between prison-work, family violence and sexual
offending could be dealt with once and those doing advanced training and accreditation in more than
one area would not have to repeat this material each time.

At the current time at least, the core RJ facilitator training course should not be a pre-requisite to
studying the high emotion work training module, since a number of RJ facilitators have not yet
undertaken the core course.

Recommendation 18: That a high-emotion specialised course be established. (Necessary, MoJ ).

PRISON WORK
There is an existing accreditation process for facilitators wishing to deliver post-sentence RJ
conferences within the prison environment which was developed by RJA, Prison Fellowship NZ and
the Department of Corrections. This accreditation is for three years, subject to annual updates. An
advanced training module is proposed to assist with preparation for post-sentence and prison work,
which should be developed in accordance with the existing prison work guidelines. Completing
facilitator accreditation should not be a pre-requisite for doing the prison work training module,
although this would be desirable in the future.

38
Recommendation 19: That the existing accreditation process for prison work continue and
specialist training be developed. (Necessary, MoJ ).

FAMILY VIOLENCE TRAINING AND ACCREDITATION
It is proposed than an advanced training module be set up in the family violence area in addition to
advanced accreditation being required.

Respondents differed greatly in their beliefs about the training requirements for facilitators of family
violence cases. For instance, some questioned whether both facilitators in a co-facilitation situation
needed to be trained. At present, having one trained and accredited facilitator is the practical solution
in the interim, when there are few people with the right skills and expertise in this area. Excessive
requirements in this regard could mean that less people were getting experience in the area, and
therefore not moving through the process of training and accreditation in this specialised area.

Some respondents questioned the length of any course in family violence saying that it doesnt need
to be a week long course - [just] a one or two days course of some modules, while others felt that
safe practice required a diploma-level training programme. Many believed that a specific
accreditation process would be necessary and some commented that they hoped the process would not
be too onerous for those with the relevant skills who were already doing this type of work.

This review recommends that there be a family violence advanced training module with the pre-
requisite of having completed the core RJ training course. However, some provision should be made
for those experienced facilitators who might not have done the core RJ course, but who would benefit
by doing this module. The Ministry of Justice guidelines, which are being produced, will provide
guidance as to what should be in the training program.

This specialised training module will form an essential part of the induction of facilitators new to this
area of work, and should require evidence of a high standard of competence rather than passing a low
bar of entry. In contrast to the conclusions reached in an earlier discussion in this review about the
core RJ facilitator training course, in the area of family violence training, a successful pass of the
course should not be assumed. With the lives of conference participants at stake, the responsibilities
and level of competence of the facilitator are significantly greater than that required in more generic
scenarios. RJ facilitators attending the RJ advanced training module would have to be doing it as part
of a wider professional development process to bring their skills in RJ family violence work to a
suitably high level. This should involve all of the eight components in the professional development
pathway identified earlier, but in this case tailored to the family violence domain.

As set out in the risk continuum table, there should be an expectation in regard to family violence
work that it takes place embedded within a network of referral agencies with which the facilitator has
good contact. It is also recommended that advanced accreditation be required in regard to family
violence work. The Ministry of Justice guidelines which are being produced will provide guidance as
to what should be required for accreditation. It is anticipated that the professional background of these
facilitators will be as important as their restorative justice skills.

It may be decided that specialist training of this nature should not be delivered by the Ministry of
Justice. It should be noted however, that many provider groups have done very little family violence
work in the past, and even when groups have accepted these types of referrals, often a limited number
of facilitators have done the work. Therefore it is important that training is available and that provider
groups are not left unsupported and under-resourced as they work to access appropriate training and
up-skill their facilitators in this critical area.

39
Recommendation 20: That the MoJ consider offering a family violence advanced training module
with the pre-requisite of having completed the core RJ training course. This could be set up in
combination with specialised accreditation for family violence RJ work. Accreditation should
require having done the core RJ facilitator course, however, some grandfathering provision should
be made for those experienced facilitators who might not have done the core RJ course, but who
would benefit by doing this module. If the MoJ does not wish to offer this specialized training, that
they consider other alternatives to ensure that skill levels are sufficient in the sector in regard to
this topic. (Desirable, MoJ ).

SEXUAL OFFENDING

The risk assessment and conferencing processes in the sexual offending area are complex and high
risk, requiring highly skilled facilitators.

As shown in the risk continuum table, the reviewers are not sure, on the basis of the comments from
respondents, whether it should be required that all RJ sexual offending related work takes place within
a dedicated sexual offending programme. This requirement might be too demanding, and a regime
like that set out for family violence facilitation could be possible (i.e. advanced training, advanced
accreditation, plus working embedded in a referral network). The reviewers are seeking feedback on
this point from readers of this draft review.

In regard to the advanced training module, the Ministry of Justice practice guidelines and the
standards for providers working with cases involving sexual offending will provide guidance on the
nature of the facilitator training to be delivered in this area. As with family violence, it is presumed
that the pass rate of the sexual offending advanced training module will not always be 100%. The
same goes for the advanced accreditation which the reviewers recommend is set up in this area.

As with family violence, it is important that such practitioners are involved in a comprehensive
professional development pathway to ensure that they have a current high level of skill in the area. RJ
facilitators working in this area require accreditation to assess their competency and experience. It is
anticipated that the professional background of these facilitators will be as important as their
restorative justice skills.

Recommendation 21: That a sexual offending advanced training module with the pre-requisite of
having completed the core RJ training course be set up in combination with specialised
accreditation for sexual offending RJ work. Accreditation should require having done the core RJ
facilitator course, however, some grandfathering provision should be made for those experienced
facilitators who might not have done the core RJ course, but who would benefit by doing this
module. (Necessary, MoJ ).

RECOGNITION OF PRIOR TRAINING
A process for recognising the existing skills of those facilitators already working in the area of family
violence and sexual offending is necessary.

It should be possible for skilled practitioners to apply for assessment for domestic violence or sexual
offending work advanced accreditation without undergoing further training particularly at the current
time when the MOJ is wanting to rapidly build up the number of RJ facilitators it can be assured are
up to a sufficiently high standard.

40
A paper-based application process that allows facilitators to provide evidence of their prior learning
and skills may be appropriate for this. If their application was successful, these experienced
facilitators could proceed to the accreditation phase without the requirement to attend training.

Recommendation 22: That it be possible for experienced and skilled practitioners in the family
violence and sexual offending area to achieve accreditation. A paper-based application process that
allows facilitators to provide evidence of their prior learning and skills may be appropriate for this.
I f their application was successful, these experienced facilitators could proceed to the accreditation
phase without the requirement to attend training. (Necessary, MoJ ).

It should be noted however, that many facilitators will have slowly developed skills in these areas
over years and without having an opportunity to attend specialist training courses. There would be
enormous value in offering these practitioners an advanced facilitative-style training session where
they could examine new theory and techniques and have the opportunity to share and practice
together.

Many respondents commented that there is always more we can learn and it would be unfortunate if
these facilitators, who will most likely continue to be involved in family violence and sexual
offending work, are not provided with opportunities for skill-refreshment.

One useful element to assess in any system for recognising prior experience and skills would be
evidence of their understanding of, and links to a network of referral agencies. Many facilitators
already working in this area have strong, embedded relationships with appropriate family violence or
sexual offending agencies.

The MOJ guidelines will provide more information to help develop the requirements in this area.

Recommendation 23: That the concept of an advanced facilitative-style training session be
considered where advanced practitioners in the family violence and sexual offending area could
workshop to improve their knowledge and skills. (Necessary, MoJ ).

BEING ABLE TO ASSESS RISK
It needs to be noted that the RJ facilitator's ability to assess risk is particularly important, with
implications therefore in the training, accreditation and recognition of previous skills and experience
processes and systems. Some family violence and sexual offending cases will present with offences
that do not immediately signal these specialist areas. The process of reviewing and appropriately
assigning referrals is often complex and requires a high level of skill at all phases in the RJ process.

ENTRY TO SERVICE REQUIREMENTS FOR PROVIDER GROUPS
As has already been discussed in this review, good RJ facilitator work requires that they are supported
by their provider group. This is especially important in the specialist areas as in general RJ
facilitation. Provider groups interested in accepting a referral for family violence or sexual offending
cases, need to meet the MOJ's 'Entry to service requirements for providers'. It would also be desirable
that they meet the RJA Provider Accreditation competency standards and organisational requirements.

41
Mori, Tikanga, Kawa and Restorative Justice
Training and Accreditation

This section addresses two pertinent questions relating to Mori RJ facilitation. The first looks the
issue of the lack of Mori Assessors, the second focuses on whether the current system provides
enough training and support for non-Mori RJ facilitators to work appropriately with Mori. Mori
are significantly overrepresented in the criminal justice system as both victims and offenders, creating
the need for Mori RJ practitioners and non-Mori practitioners who are able to work effectively with
Mori. It is important that the RJ facilitator training is attractive and appropriate for Mori facilita-
tors. It is positive to hear that many Mori respondents praised the current training course.

LACK OF MORI ASSESSORS
The argument for having Mori assessors was described as assessors need a Mori world view to un-
derstand better the work [the Mori Facilitators] are doing and the way they are doing it.

This explains why some Mori provider groups felt that the lack of Mori assessors was a significant
issue and had delayed having their facilitators assessed. They were willing to wait for a Mori asses-
sor to be available because there are no Mori assessors the assessment methods are therefore not
appropriate at all. One noted you cannot dispute the MOJ [accreditation] process if you have opted
into it.

However, a number of other Mori facilitators did not mind the idea of having a non-Mori assessor
in the short term saying that they wished to just get on with it and then become assessor [them-
selves] so there are some Mori assessors from here on, then encourage others to do the same. Once
theres one [Mori Assessor] it will start the ball rolling.

In response to these two perspectives, this review recommends that the ultimate objective should be
the ability for Mori accreditation applicants to be assessed by someone with a Mori worldview if
they wish. Given that there are currently no Mori assessors it is to be expected that moving to this
situation will take some time, however a number of accredited and experienced Mori respondents
have expressed an interest in becoming accreditation assessors and active recruitment would be a
positive move.

Recommendation 24: That the MoJ actively recruit Mori assessors to remedy the current situation
where there are no Mori assessors. (Necessary, MoJ ).

APPROPRIATE TRAINING IN TIKANGA AND KAWA FOR RJ FACILITATORS
The second issue dealt with in this section is what needs to be done to teach the appropriate level of
knowledge and skills to RJ facilitators so that they can work effectively with Mori.

There were some positive comments made about the current training and the usefulness of learning a
karakia, for example. However there was general agreement that the tikanga and kawa component of
the RJ facilitator training course was not large: using Mori names in a role play is not teaching
about tikanga or differences you might encounter when facilitating a conference with Mori partici-
pants.

While it would seem desirable that all facilitators should have the cultural competence to work effec-
tively with Mori participants, there was a diversity of views on how much more Mori tikanga and
kawa should be taught in the core RJ facilitator course. Some thought that there was sufficient, even
too much' content because they did not get many Mori referrals. (A low level of referrals can result
from either there being few Mori living locally, or areas with a large Mori population where there is
a Mori provider group.) While others wanted more content, many were realistic about how much
could be taught within the confines of the core RJ course. One respondent said that not enough was

42
taught, and there never will be. A rudimentary knowledge of tikanga Mori and kawa is likely to be
of little help. Two to three days training in these areas would be the minimum to understand the tradi-
tional Mori approach to justice, its application in a Mori context, underlying tikanga values relating
to justice, and appropriate kawa for the conduct of RJ meetings. Another Mori respondent said that
people who had completed a six month course on the subject still werent necessarily culturally com-
petent.

The question of non- Mori working with Mori in RJ is complex. One respondent highlighted the
issues as follows.

At least half of the offenders I have come across in the last three years, have been young Mori men.
They were not familiar with tikanga or kawa, and to have it dropped on them by an obviously Pakeha
facilitator, would have come across as a blatant act of one-upmanship, and would therefore make a
successful conference less likely. There is a huge gap between the theoretical desirability of a cultur-
ally aware approach, and the actual young men who come before us. I have dealt with two Mori on
Mori intra-family violence, and we have been guided by them as to cultural protocols and the use of
te reo. In other words, it would not be sensible to lay down hard and fast rules or regulations. The suc-
cess of these conferences depends very much on being able to respond in the moment, as required,
rather than according to some manual.

In order to respond to this issue, it is important to be clear that there is a range of situations where RJ
facilitators may be working with Mori. These are: 1) occasionally working with Mori participants in
RJ conferences where most of whom do not have strong knowledge of Mori tikanga and kawa, 2)
working with some Mori participants in RJ conferences which are run in non- Mori settings; 3)
working with Mori participants in RJ conferences in Mori settings. At the final end of this spectrum
it is important that the people involved have high level of competence in working with Mori. As one
respondent noted, at least one of the team that take on marae-based cases or cases involving one
Mori party should either be Mori or should be assisted by someone competent in the language and
culture.

The table below sets out the spectrum of situations in regard to working with Mori and what is re-
quired to work in each of them.

Information
taught in the
core RJ course
Plus some addi-
tional training or
experience in ti-
kanga and kawa
Plus extensive
training or ex-
perience in ti-
kanga and kawa
Or working with
associates with
the appropriate
skills
Working occasionally
with Mori most of
whom have limited
knowledge of tikanga
and kawa
Desirable
Working with some
Mori in non- Mori
settings

Working with Mori in
Mori contexts

The table increases clarity about what training is appropriate within the core RJ course. The focus of
the core RJ training should be on providing training which can teach the skills needed in regard to the
first situation of working with Mori.

This being said, a number of respondents stated that the most important thing is an understanding of
and sensitivity to the values and dynamics of whanau Mori and that this may be more helpful than a

43
focus on teaching generalised tikanga and kawa, which can vary considerably according to ones af-
filiations and personal preferences.

The content of this training should include:

1. The self-completion module and a compulsory assignment on working with Mori

2. Some basic information about the values and dynamics of whanau Maori and tikanga and kawa,
about appropriate practice in regard to working with Mori and being able to adapt to their preferred
level of observing Mori tikanga and kawa.

3. Information about what is appropriate practice in regard to working with Mori. In other words,
talking about the table above and the various levels of skill or support that are needed.

4. Information on other courses which are available to build competency in Mori tikanga and kawa

5. Information about how to forge links with local Mori so as to increase knowledge and build rela-
tionships. Identify cultural advisors with whom the provider group and its facilitators could collabo-
rate.

Recommendation 25: That the teaching of tikanga and kawa for RJ facilitators should focus on:

1. including in self-completion module 3 a compulsory assignment on working with Mori;

2. including in the block course some basics about tikanga and kawa and the dynamics and values
of whanau Maori;

3. I nformation about what is appropriate practice in regard to working with Mori and the fact that
additional knowledge and skills will be required if working more intensively with Mori;

4. I nformation on other courses which are available to build competency in tikanga and kawa; and,

5. I nformation about how to forge links with local Mori so as to increase knowledge and identify
associations whom a RJ facilitator could work with who have the necessary skills. (Necessary,
MoJ ).

44
Conclusion
This review has considered what needs to be done in regard to enhancing RJ training and accrediation
in New Zealand as part of a new government policy to increase the number of RJ conferences which
are taking place.

It has put forward a number of recommendations in regard to training and accreditation. Implementing
all of these recommendations would require additional resources. Once the MOJ has decided which
recommendations it wishes to implement it will need to consider resourcing issues.

45
Appendices

APPENDIX 1: REVIEW METHODOLOGY
The review used the following methodology.

1. Development of a visual model of the RJ sector (a DoView Outcomes Model
http://doview.com/plan/draw.htm) and where training and accreditation fit within this to provide
orientation for the reviewers and to assist respondents to reflect more deeply on the topics.

2. Meeting with a small initial group to scope the issues with the review team.

3. Individual and group interviews with 34 respondents. Some face-to-face, many by telephone. The
interviews used a semi-structured interview process where the interview had a set of topics they were
covering and moved through them and into digressions to follow the flow of the interview. They were
also provided with a copy of the training and accreditation pages from the DoView model.

4. Questionnaires sent to 82 people (responses from 27). These were distributed by email using
Survey Monkey.

5. Analysis of documentation related to RJ training and accreditation.

6. Analysis of results from the interviews and questionnaires was undertaken using a thematic analysis
approach. Key themes and quotes were identified from each of the interviews, in most cases
immediately after the interview. These were then brought together with the findings from the
questionnaires and the documentation analysis. The review report was drafted from this material.

7. The draft report was circulated for comment and these comments were included in the final version.

46
APPENDIX 2: LIST OF INTERVIEWEES

Alison Hill, Ministry of Justice
Anne Evans-Scott, PACT Training
Ariana Te Paea, Manukau Urban Mori Authority
Atholl Leask, Manawatu Community Justice Trust
Atul Sharda, UK Restorative Justice Council
Everard Halbert, Wellington Restorative Justice Services Trust
Fiona Landon, Project Restore New Zealand
Flora Sands, Community of Saint Luke, Auckland
Helen Bowen, New Zealand Restorative Justice Trust
Islay Brown, Court Services Specialist
Jo-Ann Vivian, Ministry of Justice
John Delany, Tauranga Moana Restorative Justice Trust
Jon Everest, Restorative Justice Services Wellington Trust & PACT Training
Josie Dolan, Restorative Justice Otago
Judge Phil Recordon
Les Solomona, Presbyterian Social Services
Lynda Duncan, Ministry of Justice
Mike Hinton, Restorative Justice Aotearoa
Naida Glavich, Chair, Ngati Whatua
Natalia Taurimu, Presbyterian Support
Peter Sammons, Waitakere Restorative Justice Community Group Trust
Phillip Green, Arbitrators and Mediators Institute of New Zealand
Restorative Justice Aotearoa Mori Caucus
Rina McGhee, Te Runanga O Ngati Porou Restorative Justice Programme
Robyn Smith, Te Runanga O Ngati Porou Restorative Justice Programme
Rodney Holm, Taranaki Restorative Justice Trust
Roslyn Hefford, Ministry of Justice
Sir David Caruthers, Chair, NZ Parole Board
Tania Sprout, Ngatihine Health Trust Board
Tim Clarke, Waikato Hauraki District Restorative Justice Cooperative Trust
Tony Paine, Victim Support
Venus Wati, Ngatihine Health Trust Board
Winifred Murray, PhD in Restorative Justice Practice

47
APPENDIX 3: SEMI-STRUCTURED INTERVIEW SCHEDULE

DATE: NAME:
DESIGNATION:
PROVIDER ORGANISATION:
FACILATOR OR COORDINATOR:
TRAINED? (date)
ACCREDITED? (date)

01 Is the training well designed and managed? (What organisation should run it, criteria for
selection of organisation?)
02 Do trainees and stakeholders know the training is available, where to access it and are they
prepared for it and incentivised to do it? (Is timing of courses OK for facilitators? Should it
be delivered regionally? Are they supported by their provider organisation?)
03 Is the selection process appropriate? (Do providers select right people? Use a toolkit to do
so? Do trainees have the right skills?)
04 Is the training itself good? E.g. could more be done online, well delivered, quality
resources, right topics? (Are small trusts likely to have problems with new technology
options?)
05 Is training working for Mori?
06 Are the right levels being offered and should there be training for different roles? e.g.
coordinators as well as facilitators?
07 Is the assessment process good? Should it be on the NZQA framework?
08 How can we make sure other RJ training is also of good value?
09 Does training teach cultural competency?
10 Does the training system provide value for money?
11 Is the accreditation well designed and managed? (Who should do it MOJ or RJA or
someone else?)
12 Is the accreditation credible, are their sufficient assessors and resources? Are the right
people being accredited? (How could the number of assessors be worked out?)
13 Do trainees and stakeholders know that accreditation is available, where to access it and
incentivised to do it? (Is it a problem getting people from outside the region?)
14 Is the accreditation period appropriate, the assessment methods appropriate and should it
be transferrable across different sectors?
15 Does accreditation fit into facilitators career pathways?
16 What is the best way to deal with re-accreditation?
17 Does training teach cultural competency?
18 Does the accreditation system provide value for money?
General comments

48
APPENDIX 4: FACILITATORS SURVEY QUESTIONNAIRE

Q1. What year did you attend the MOJ training course? How many conferences have you facilitated
since then? Did you expect this number when you entered the training?

Q2. How did your organisation select you for the training? What did you do to prepare for the training?
What induction process would you recommend for future facilitators?

Q3. Did the training cover the areas you were expecting and needing? What should there have been
more of and what should there have been less of in the training?

Q4. Was the course taught in ways that worked for you? Were the learning resources effective and
adequate? What were the most useful learning activities?

Q5. Was there enough Mori tikanga and kawa in the content and delivery of the course? Did the
training prepare you for working with Mori participants in RJ conferences?

Q6. How did you find the training assessment process? Would you like the training to be aligned to
the NZQA framework? Why? Why not?
Q7. After the training, did you feel ready to facilitate conferences and start the accreditation process?
Q8. Have you completed facilitator accreditation? When? If not, why not? If yes, are the assessment
methods are appropriate?

Q9. What additional specialist training and/or on-going professional development would you like to
be able to do now?

Q10. Any additional comments about the induction, training, or accreditation programme?

49
APPENDIX 5: PROVIDER GROUPS AND STAKEHOLDERS SURVEY
QUESTIONNAIRE

Q1. Are the current RJ training options adequate? What specialist RJ training should be available for
facilitators and other RJ worker roles?

Q2. Is there enough Mori tikanga and kawa being delivered in the content and delivery of the MOJ
training course?

Q3. Should the training be aligned to the NZQA framework?

Q4. Are the facilitator assessment methods appropriate for accreditation? Are there changes you
would like to make?

Q5. What changes would you like to see made to the current training programme? What would you
like to see added or removed from the training?

Q6. Have you experienced problems regarding facilitators getting accredited (or re-accredited)?

Q7. Should facilitators be required to have ongoing professional development? If so, what should it
look like?

Q8. What advantages and disadvantages do you foresee if the MOJ facilitator training modules were
delivered regionally rather than centrally?

Q9. Are there issues about facilitator induction, training and accreditation that you would like to see
addressed? What about other roles, such as panels, coordinators, etc?

Q10. Any other comments?

50
ACKNOWLEDGEMENTS

Many thanks to the dozens of people who contributed to this review by participating in
interviews, completing surveys, emailing comments and discussing these issues with us,
including those who shared their experiences and thoughts during the Restorative Practices
Conference, Auckland, May 2013. Particular thanks go to the following people who
generously assisted with the initial scoping of this review: Ariana Te Paea, Fiona Landon,
Greg Jansen, John Delaney, Jon Everest, Mike Hinton.

We acknowledge and greatly appreciate the work of Michelle McKeefry and Alison Parker,
who provided considerable and invaluable administrative support.

51

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

DoVIEW OUTCOMES MODEL

This review included the use of the DoView Visual Program Review Process (http://doview.com/u/programreviews.html). Below is the full
DoView which is also available as a webpage version at http://doview.com/doviews/1/restorativejusticereview112.html.

The Restorative Justice Sector DoView


Reduced social
costs

Community
support for
restorative
practice

Support and
linkages with
the sectors in
which RJ
works
High-quality
trainers

High-quality
assessors
(facilitator or
group)

Quality
training

Quality
provider
organisations

High-quality
facilitator
accreditation
system

High-quality
group
accreditation
system

High-quality
facilitators doing
the RJ work

High quality RJ
processes (e.g.
conferences,
panels,
conversations)

Participants
needs and justice
interests are met

Harm repaired

Accountability
encouraged

People take
responsibility for
their actions

Improved wellbeing
for victims, families
and communities

Reduced crime

Strengthened
social connections

Build community/
individual
ownership
rangatiratanga

Engaged purchaser/payer (MOJ)
Value for money
Maori perspectives embedded throughout

Healthy
communities
whanaungatanga


d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Communities
understand what
restorative
approach is all
about

Communities
understand where
RJP providers fit
in terms of justice
being served

Communities
know how to
access relevant
RJP processes

Communities
become involved
in different ways
and stages of the
RJP processes

Communities see
how a restorative
justice approach
can work in many
domains and
sectors (e.g.
justice, schools,
work)

Communities
have confidence
in RJP provider
organisations

Communities trust
RJP practitioners
to do their job
properly

Communities
have confidence
in the RJP
process

Community
support for
restorative
practice

Sufficient central and local government support and funding for communities to participate in restorative justice

Community funding sources see restorative justice as a good place to invest in (e.g grant bodies)

Diversity of communities is recognised (e.g. there are different parts of community involved in different issues - e.g.
traffic rather than schools

Tangata whenua communities are fully engaged in the restorative justice work


53

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l


Sectors engaged
and consulted
regarding RJ
issues related to
their sector

Different sector
languages spoken

Sectors know
what's in it for
them

Good transfer of
learning from one
sector to another

Good synergies
between those
working in
different sectors

Key influencers in
sectors
understand the
importance of RJ
to their sector
Support and
linkages
with the
sectors in
which RJ
works

Good communication with sectors


54

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Trainers know about the
different areas of RJ work (e.g.
domestic violence, corrections)

Trainers have the relevant
general RJP subject matter
expertise

Trainers have sufficient
time to prepare and do the
training

Trainers are well resourced

Trainers
undergo an
appropriate
selection
process

Trainers are
well-trained in
adult
professional
learning
Trainers have the right
attributes/personality

Trainers have the right values

Trainers have the right
experience

Trainers are culturally
competent in relevant tikanga
Maori

Trainers can work
multiculturally

personal support

professional supervision

other professional support
networks (e.g. information)

provider/organisational
support (e.g. administration)

High-
quality
trainers

Barriers to people becoming trainers are identified and eliminated (e.g. getting Maori involved)

Sufficient number of Maori trainers as appropriate

Trainers are quality controlled (on-going assessment)


55

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Assessors have know about
the different areas of RJ work
(e.g. domestic violence,
corrections)

Assessors have sufficient
time to prepare and do the
assessment


Assessors
undergo an
appropriate
selection process
Assessors have the relevant
general RJP subject matter
expertise

Assessors have the right

Assessors have the right values

Assessors have the right
experience

Assessors are culturally
competent in relevant tikanga
Maori

Assessor can work
multiculturally
Assessors are well
resourced

personal support

professional supervision

other professional support
networks (e.g. information)

provider/organisational
support (e.g. administration)

High-
quality
assessors
(facilitator
or group)

Infrastructure to support more and better assessors and assessment tools

Barriers to people becoming assessors are identified and eliminated (e.g. getting Maori involved)

Sufficient number of Maori assessors as appropriate

Assessors are quality controlled (on-going assessment)


56

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Well
designed
training
with clear
objectives
and based
on good
practice

Well
managed
training
Trainees are
able to access
and participate
in training (e.g.
location, cost,
block courses)

Trainees,
stakeholders
and
organisations
know training
is available

Appropriate
selection
processes

Training
incentivised
and individual
trainees see it
having benefits
to them
personally

User-friendly training
(e.g. web based
systems)

Training is appropriate
from a Maori perspective

Culturally appropriate
training

Training consistent
throughout the country

Training available
regularly

Good use of new
technologies in training


Quality learning
resources

Suitable range of
levels offered in
advanced)

in training and
training future-
focused (e.g.
domestic violence)

Curriculum
appropriate
(uptodate, well
organised, right
skills)

offered (e.g.
facilitators,
coordinators)

Appropriate and
well moderated
assessment

Right people
trained and they
do the right
courses (role)

Appropriate
numbers of
trainees are
trained (ethnicity,
gender, age)

Training fits
into facilitators'
career
pathways


Quality
training



Training system provides value for money

Other RJ related training is also of high quality

57

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Well resourced
Well administered
Well governed
Financially
sustainable

Sustainable in
other regards
(e.g. succession
planning)

Provider
organisation is
culturally
competent in
tikanga Maori

Provider
organisation can
work
multiculturally

Has engagement
with tangata
whenua in their
region

Well connected
to, and supported
by, their
communities

Well connected to
other services
(e.g. specialist
services)

Understand what
their
competencies are

Ensure provision
of competencies
they do not have
from others
outside the
organisation (e.g.
specialist
domestic violence
RJP skills)
Recruits the right facilitators

Plans, implements and
documents their facilitators'
professional development
pathways

Provides training and support
for other roles in the
organisation (e.g. panel
members, coordinators)

Has mechanism for pre-
screening whether potential
trainees have the
prerequisite skills

Ensures that trainees get
training for the prerequisite
skills they need

Have specific structures and
processes in place to work in
specialist areas (e.g.
domestic violence, prisons)

Organisational
structure (or
collaboration with
other groups)
supports follow-up

Are funded to
support follow-up

Educates
stakeholders and
their communities
about what RJP
(Restorative Justice
Practices) is


Quality
provider
organisations

Monitors and evaluates their effectiveness and uses it for improvement

Are able to obtain and share information about participants with other organisations for wraparound care (where appropriate)

Quality control of the organisation (e.g. organisational accreditation)


58

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Well designed
accreditation
system with
clear objectives
and based on
good practice

Facilitator
accreditation is
credible to
individuals,
stakeholders
and employees

Sufficient
assessors

Sufficient
resources

Stakeholders and
employers know
about facilitator
accreditation

Facilitators know
about accreditation


from contract
providers,
having benefits
personally for them


level


perspective

sectors

transparent

Accreditation fits
into facilitators'
career pathways

Accreditation is
ongoing and
appropriate
approach to re-
accreditation

Right people
accredited

Appropriate
numbers of
people are
accredited
(ethnicity,
gender, age)

High-quality
facilitator
accreditation
system





59

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l


Group
accreditation is
a well designed
system

Group
accreditation is
credible to
facilitators,
groups,
stakeholders,
employees and
the public
Gaining group
accreditation is
incentivised (e.g.
from contract
providers,
organisationally)

Groups see group
accreditation as
having benefits for
them organisationally
Stakeholders and
employers know about
group accreditation

Providers know about
group accreditation

Group accreditation is
accessible to providers
transparent

appropriate from Maori
perspective

Group accreditation is culturally
appropriate

Group accreditation is ongoing

High-quality
group
accreditation
system

Group accreditation accords to natural justice and fairness


60

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Facilitators have
their pre-existing
skills assessed
Facilitators have
the basic
prerequisites for
entering
professional
training

Where people do
not have the
prerequisites -
there is a training
mechanism to
train them

Facilitators
undergo an
appropriate
selection process

Barriers to people
becoming
facilitators are
identified and
eliminated (e.g.
getting Maori
involved)

Facilitators
well trained

Facilitators have
sufficient time

Facilitators are well
resourced

Facilitators have
sufficient personal
support

Facilitators have
sufficiently mentored

Sufficient professional
supervision

Sufficient other
professional support
networks (e.g.
information)

Sufficient provider/
organisational support
(e.g. administration)

Facilitators have the right
skills


values

experience

Facilitators are culturally
competent in tikanga
Maori

Facilitators can work
multiculturally

High-quality
facilitators
doing the RJ
work

Facilitators go through a properly planned apprenticeship and ongoing professional development

Facilitators are quality controlled (ongoing accreditation and assessment)

Clear career pathway for facilitators

61

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l


Suitable, timely prior
communication with
participants about
the process,
consents and
arrangements

Capacity of
participants to
engage in the
process is assessed

Other risks are
assessed accurately

The process is
planned and
implemented in
the light of
participants
capacity and
managing any
other risks

Process
undertaken in an
appropriate
location

Adequate
documentation of
what occurred in
the process

Other required
documentation
completed
satisfactorally

Follow-up is
planned for as
part of the
outcome of the
process

Follow-up is
resourced

High quality RJ
processes (e.g.
conferences,
panels,
conversations)

The outcomes from the process are not formulaic

Multiple outcomes achieved at the same time where possible

Process is credible from a multicultural perspective

Process is credible from a Maori perspective


62

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l


Participants have a
realistic picture of
what the process
can potentially offer
them

Participants know
how to access
relevant RJP
processes

Participants
understand 'what's
in it for me?' and
see wider value in
the process

Participants give
informed consent
for the participation

Participants have
input into the
process

Participants have
confidence in RJP
provider
organisations

Participants trust
RJP practicioners
to do their job
properly

Participants have
confidence in the
specific RJP
process they are
involved in

Participants are
well supported in
having their needs
met and interests
protected

Participants'
perceived risks are
managed well
around the process

Participants
referred to other
services, as
appropriate

Participants
needs and
justice
interests
are met

Victim's needs are prioritised

Participants are appropriately involved at different stages in the RJP processes

Participants have sufficient financial resources to attend and participate in the process

Participants' individual cultures and diversity are respected

Maori participants culture respected


63

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l


Purchasers ensure that
there are good
outcomes-focused
funding and other
systems in place

Purchasers know
about the training
and accreditation
system

Purchasers
trust the
training and
accreditation
system

Purchasers
believe that
training and
accreditation
will ultimately
produce better
outcomes for
participants

Purchasers
consult with
provider and
provider
organisations
about training
and
accreditation

Purchasers
build trust
relationships
with providers

Purchasers know
what they are
paying for in
terms of training
and accreditation

Purchasers encourage
the use of evidence-
based practice in RJ

Purchasers ensure
there are good audit
trails for the use of
public money on RJ
work

Purchasers ensure
multicultura
perspective embedded

Engaged
purchaser/
payer (MOJ)

Purchasers ensure
Maori perspective
embedded


64

65

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Well designed
training with
clear
objectives and
based on
good practice

Well
managed
training

Trainees are able
to access training
(.e.g location,
cost)

Trainees,
stakeholders and
organisations
knows training is
available

Appropriate
selection
processes

User-friendly training (e.g. web
based systems)

Culturally appropriate training

Training consistent throughout
the country

Regular training held

Good use of new technologies
in training


Quality learning resources

offered (e.g.
facilitators,
coordinators)

Curriculum
appropriate
(uptodate, well
organised, right
skills)

in training and
training future-
focused (e.g.
domestic violence)

Suitable range of
levels offered in
advanced)

Right people
trained and they
do the right
courses (role)

Appropriate
numbers of
trainees are
trained (ethnicity,
gender, age)

Appropriate and
well moderated
assessment

Quality
training


Training is appropriate from a Maori perspective


Training provides value for money


66

d
o
v
i
e
w
.
c
o
m

m
o
d
e
l

Well designed
accreditation
system with
clear objectives
and based on
good practice

Facilitator
accreditation is
credible to
individuals,
stakeholders
and employees

Sufficient
assessors

Sufficient
resources

Stakeholders and
employers know
about facilitator
accreditation

Facilitators know
about accreditation


from contract
providers,
having benefits
personally for them


level


perspective

sectors

transparent

Accreditation fits
into facilitators'
career pathways

Accreditation is
ongoing and
appropriate
approach to re-
accreditation

Right people
accredited

Appropriate
numbers of
people are
accredited
(ethnicity,
gender, age)

High-quality
facilitator
accreditation
system





67

P
a
r
k
e
r

D
u
i
g
n
a
n

C
o
n
s
u
l
t
i
n
g

D
r

P
a
u
l

D
u
i
g
n
a
n

p
a
u
l
@
p
a
r
k
e
r
d
u
i
g
n
a
n
.
c
o
m
.
S
e
e

t
h
e

H
T
M
L
v
e
r
s
i
o
n

o
f

t
h
i
s

D
o
V
i
e
w

a
t

D
o
V
i
e
w
.
c
o
m
/
d
o
v
i
e
w
s
/
1
/
r
e
s
t
o
r
a
t
i
v
e
j
u
s
t
i
c
e
r
e
v
i
e
w
1
1
2
.
h
t
m
l
.

2
5

J
u
l
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2
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J
u
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2
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Resources

DoView.com

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DoView software - DoView.com

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A Review of The Training and Accreditation of Restorative Justice Facilitators in Aotearoa New Zealand

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