Restorative Justice Intervention in an Aboriginal Cultural Heritage Protection Context: Chief Executive, Office of Environment and Heritage v Clarence Valley Council

摘要

Disturbance, damage and destruction of Aboriginal cultural heritage can cause much harm to Aboriginal people and their communities. Restorative justice conferencing as part of the prosecution of Aboriginal cultural heritage offending has the potential to repair the harm occasioned by such offending. This article will demonstrate how the repair of harm can be achieved through conferencing fulfilling four functions - communication, education, resolution and reintegration. It will do so having regard to the recent prosecution of Chief Executive, Office of Environment and Heritage v Clarence Valley Council for Aboriginal cultural heritage offending; a prosecution in which restorative justice conferencing was utilised.