45.

For over thirty years, the Conflict Resolution Service (CRS) community has provided an invaluable service to the ACT community and economy, providing alternative methods for dispute resolution. CRS has operated in a dynamic environment, and in a sector that is experiencing unprecedented change and transformation.

Alternative dispute resolution approaches are a well-tested way of managing conflict and disputes. They are cost effective, and often deliver better outcomes for people who are being supported to resolve conflict. They are now being complemented by restorative approaches. The ACT Government has signalled its intention to declare Canberra a 'Restorative City', and restorative practice is increasingly being recognised as way to respond to conflict in challenging social areas including elder abuse, disability, domestic and family violence, and child protection and out-of-home care.

CRS is the sole provider in Canberra of community dispute resolution support services, with other Australian jurisdictions delivering these same services through Government departments. For example, see:
- https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace
- https://www.disputes.vic.gov.au/contact-us
- http://www.courts.justice.nsw.gov.au/Pages/cats/catscorporate_adrdirectorate/catscorporate_adrdirectorate.aspx

As such CRS is the Government's response to a core community need which covers multiple portfolios areas related to Justice, Policing, Schools and Youth, Family Violence, Homelessness and Community Development. This multi-portfolio characteristic of CRS has been demonstrated through the funding history of CRS over the past twenty years, which has seen Government funding sources change from Justice & Community Safety, Health, Education, and Social Housing and Homelessness within the Community Services Directorate.

Currently all CRS contracts are administered through Social Housing and Homelessness within the CSD. CRS believes that consideration should be given to the nature of its specialised community dispute resolution services and its multi-portfolio impact, and the need for a cabinet level consideration of this budget proposal.

In this context over the last ten years CRS has absorbed a significant increase of demand and complexity in cases which has significantly outstripped the funding of the organisation. This budget submission seeks to address this imbalance which represents a significant threat to the ACT Government's commitment to meet the needs for alternative dispute resolution support services in the community.

Over this ten year period, there has been:
- a doubling of our client numbers;
- an almost fivefold increase in contact with clients; and
- a tenfold increase in the time spent with clients.

In response, CRS has had no option but to divert resources to front line services, which has eroded organisational infrastructure and capacity, and has impacted the longer-term sustainability of the organisation.

In the 2017/18 financial year this situation then forced CRS to reduce its staffing and cut its service output by approximately 50%. As such, we know that now many vulnerable Canberrans are not able to access the dispute resolution support they need.

This will have a negative impact upon individuals, families and upon the efficiency of other expensive and more adversarial dispute resolution systems in the ACT (i.e. Policing, Courts, ACAT, Youth Justice system, Legal Aid and Community Legal services). Cost Benefit Analysis strongly supports this claim (See Appendix A on the Economic Impact of a Reduction in CRS Services).

As such, CRS is approaching the ACT Government with a proposal for Government to increase the investment in CRS by modest $300,000 for the 2018/19 financial year.
This will enable the organisation to:
Restore CRS staffing back to pre-2017/18 levels to meet basic demand ($100,000);
- Upgrade facilities at the Griffin Centre ($15,000);
- Invest in additional administrative and technology resources ($50,000);
- Invest resources in business development, to unlock the potential of fee-for-service activities ($70,000); and
- Invest in CRS' work to develop community led restorative practice in areas of key need ($75,000).

The ACT is proud to be an inclusive and progressive community that is committed to excellence and innovation. Part of this is a commitment to be leaders in introducing programs that promote cohesion and connection.

There is widespread agreement that the ACT is a great place to live, work and play for most of our community. There is growing acknowledgement however that there is still work to do to protect our most vulnerable and disadvantaged citizens. We know that there are groups within our community that are disproportionately represented in our criminal justice system, in unemployment and are more likely to be impacted by homelessness and other forms of disadvantage. There is a need to build the skills of our whole community to ensure that all citizens and families are supported to reach their potential.

The 'pointy end' of these impacts are evident within the criminal justice system. There is recognition that we need new approaches to rehabilitate people once they engage in the system, and one key way that the ACT Government has addressed this is through the introduction of restorative justice approaches within the criminal justice system. With the commitment for Canberra to become a 'restorative city', there are opportunities to introduce restorative approaches more broadly across the community and reduce the need of people to engage with the justice system in the first place. This will save money. It will save families and it will save lives. Building the capacity of individuals, neighbourhoods and communities to resolve conflict peacefully and to engage in restorative practices is essential if we are to continue to develop as an exemplar of inclusive and connected community. There are opportunities to explore how these approaches can connect with areas where there is acknowledgement of the need to prioritise and improve, including in areas such as elder abuse, domestic and family violence, supporting people with disabilities, creating more supportive school environments and re-shaping the out-of-home care system.

In many areas of social service provision there has been the subject of significant reform. In some areas these have been driven by Commonwealth decision making (for example aged care and the NDIS) and in others, this has been done after local review (for example the out-of-home care system). There is a need to ensure that reform processes do result in effectiveness as well as efficiency. There is a need to test assumptions that the market will always be the most efficient mechanism to deliver community outcomes and there is a need to ensure that there is adequate community and social infrastructure put in place to support community through periods of structural reform.

CRS considers that access to affordable alternative dispute resolution and restorative practice is part of this community and social infrastructure. In an increasingly complex environment, individuals, families, neighbourhoods and communities need support to build understanding of different perspectives and develop capacity to build consensus and agreement around issues that are contentious and difficult to resolve. CRS stands ready to support the Government in building agreement around service delivery and development. This will be most effective however with some modest additional investment to build organisational capacity and support community development.

Government has already identified the potential of restorative practice being a key element of our community infrastructure. The full potential of this aspiration will only be achieved if there is a commitment to developing community led restorative practices and programs. CRS is ideally placed to be that community based hub of expertise, energy and innovation in restorative practices into the future. Indeed, these characteristics are in our organisational DNA and story. The economics of this increased investment are strongly supported by Cost Benefit Analysis research, which we have included in our detailed submission document.

As outlined above, there are significant opportunities to reorient a range of service delivery through the adoption of restorative approaches and practices. There are further opportunities for community led restorative practice and alternative dispute resolution processes to complement the work of the ACT courts, tribunals and complaints mechanisms in delivering better outcomes for individuals, families, neighbourhoods and communities. This will be a joint endeavour that will need the engagement of government agencies, the community sector and the community more broadly. This needs to be funded and supported.

CRS would make the general observation that the Government needs to maintain an appropriate level of investment in services that provide preventative outcomes in the community. As a key provider of core preventative services, especially in the area of family violence, CRS believes it should receive a close consideration of its funding needs outlined in this submission.

In an era of transformation, the community sector is exploring ways to self generate revenue and become more independent of government. In the area of alternative dispute resolution and restorative practice, there are industries and areas of practice where it is highly appropriate for fee-for-service models be introduced. CRS' proposal does include investment to support the organisation to develop business streams that include fee-for-service components to complement its community based work.

In doing this however, there is a need to also ensure that in areas of 'high risk' and 'high stakes' that there are no inadvertent barriers in place for access to alternative dispute resolution or restorative practice. This is particularly the case in the areas of relationship breakdown, family conflict and stress. As such in areas such as alternative dispute resolution, there is a need to continue a mixed funding model of core services to be funded by government and the development of additional fee-for-service activities. This proposal aims to explore what the mix should be, and how a business model can be developed that delivers even better value for the ACT Government's current investment in alternative dispute resolution services.

The ACT Government has signalled its intention for Canberra to be declared a 'Restorative City', and restorative practice is increasingly being recognised as highly effective way to respond to conflict in challenging social areas including elder abuse, disability, domestic and family violence, and child protection and out-of-home care.

A Restorative City is one where the community enjoys a safe, calm environment, and where relationships are valued and based on equal respect, concern, care and dignity. Such communities are tolerant, enjoy positive cultural identities, and provide mechanisms for individuals and groups to take responsibility for their actions and repair the harm which may have been caused to others. Positive outcomes that flow from living in a Restorative City include less crime, better school engagement and attainment by our young people, safer and healthier workplaces, feelings of individual wellbeing and community connectedness and overall satisfaction with the services provided to residents.

CRS believes the Government can make Canberra even more liveable by ensuring that practical resources are provided to making this vision for a Restorative City a reality.

While there has been significant progress in developing a community of practice around Restorative Justice in the ACT in the context of the judicial system, the vision for a Restorative City will require a mechanism to embed Restorative Practice across the community. A key way for Canberra to take this next step is to establish community based capability in Explicit Restorative Practices. It is proposed that CRS through its 30 years of dedicated practice in responding to conflict and harm in relationships in the Canberra community, is ideally placed to provide this leadership.