Key points:
- The Assessment and Referral (ARC) is a pre-sentence, solution-focused court for people experiencing mental health issues and/or cognitive impairment that provides treatment and support to address the underlying causes of criminal offending.
- ARC is being expanded to more locations across Victoria over the next three years, increasing access for people in need, particularly those from regional areas.
‘She asked me: What is it that you need to get your life back on track? And I was a little stunned at first because ... no one had ever asked me that.' – ARC client Phil
More Victorians experiencing mental health issues or cognitive impairment will get the specialised and intensive support they need to avoid further offending and jail time, with the commencement of the ARC in Bendigo.
It marks the first stage of the expansion to establish ARC at all 12 headquarter magistrates’ courts across Victoria over the next three years.
With Bendigo now operating, ARC will open in Ballarat, Heidelberg, Sunshine, Dandenong, Shepparton, Ringwood, Geelong and Broadmeadows by 2026.
‘Representing ARC participants, we see first-hand how well people respond to this therapeutic justice approach which addresses the reasons they have ended up in the criminal justice system,’ said Kate Bundrock, Director, Summary Crime and Therapeutic Justice.
‘Often people coming into ARC are experiencing long-standing, complex issues and don't have enough support.
‘The ARC program spends the time needed to work together with participants and this helps the individuals, their families, friends and the wider community.
‘Bringing ARC to more locations in Victoria is a very welcome step towards ensuring people across the state living with mental health issues or cognitive impairment have access to appropriate support.
‘Ultimately we would like to see ARC available to everyone who needs it, no matter which part of Victoria they live in.’
The expansion responds to Recommendation in the final report of the Royal Commission into Victoria’s Mental Health System in 2021 and was funded in the 2022–23 Victorian State .
ARC commenced in Melbourne in 2010, before expanding to the Frankston, Latrobe Valley and Moorabbin magistrates’ courts.
How does ARC work?
As Therapeutic Justice Associate Director Elanor Peattie explains, ARC is not like a traditional court.
‘Hearings are less formal and take place at a round table, where the magistrate sits with the participant, their lawyer, a police prosecutor, and a case manager,’ she said.
‘Often family members, friends or other support people are also present for these conversations, which is another way of making sure the participant feels comfortable and safe in what can be an intimidating environment.’
ARC works with participants in a strengths-based way to provide tailored support and referrals to appropriate services, like financial counselling, housing or welfare services, to promote their recovery.
Case managers develop a support plan alongside participants and check in regularly to monitor their progress, and any setbacks.
Our client Phil faced three months in jail before being referred to ARC.
‘Having weekly contact with my social worker was actually quite good because … you constantly go over some things to do for that week … or try and work towards achieving those goals,’ he said in a radio with the ABC.
‘Instead of putting you in jail and leaving you in there for the purpose of serving your sentence … they basically treat you as an individual.’
‘I like my social worker and everything she did for me. She helped me to get a birth certificate, she helped me to get on top of all my fines, she helped me with counselling.’
With specialist ARC lawyers in Melbourne, Moorabbin, Frankston and now Bendigo, we represent many participants at ARC, but participants can also choose to be represented by their private lawyer.
Our ARC lawyers are also available to provide advice and support to private lawyers who think their client might be suitable for ARC.
‘We know it works and the research shows that completion of ARC reduces the likelihood of someone offending again,’ said Elanor.
More information
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Reviewed 11 August 2023