ACT Government Overarching Indigenous Justice Strategic Policy Framework

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Aboriginal and Torres Strait Islander Justice Strategy 2003-2005

The Aboriginal and Torres Strait Islander Justice Strategy 2003-2005 was developed by the ACT AJAC after consultation with Indigenous people and relevant ACT Government agencies. It accords (in terms of its scope) with the resolution of the Ministerial Summit on Indigenous Deaths in Custody of July 1997. It was hoped, in the long term, that the Strategy might reduce recidivism, arrest and imprisonment rates.

The overall objective of the Strategy is to effectively address the overrepresentation of ATSI people within the ACT criminal justice system to levels commensurate with the non-Indigenous population. Some context in this respect is provided in the document. In the ACT at the time of formulation of the Strategy, it was acknowledged that, while the numbers of ATSI people being imprisoned or arrested is relatively small compared to other more populated States, the ratio is higher in the ACT. For instance, in June 2003, the rate of Indigenous people aged 10 to 17 years in juvenile detention in the ACT was 657.9 compared to 284 nationally. Thus, it is suggested that imprisonment and arrest are not used as a last resort within the ACT, and strategies currently in place to reduce contact with the justice system are not effective.

Key principles underlying the Strategy are as follows:

Aboriginal people are best placed to find relevant solutions;
supporting initiatives in a co-ordinated and cooperative manner is the most appropriate way of addressing criminal justice issues;
it is critical to recognise the cultural differences between ATSI and non-Indigenous people;
when developing effective programs and policies, it is necessary to understand and appreciate the underlying reasons for crime (stolen generations, grief associated with dispossession, racism and discrimination).

Key actions included:

(a) establishing a community-managed facility to provide legal representation, mediation, and other relevant Indigenous-justice related services (the Aboriginal Justice Centre). The work of this facility would include that of ‘prison visitor', to take in Belconnen Remand Centre (BRC) and Quamby Youth Detention Centre. At BRC, the Prison Visitor would assist prisoners during their time in custody. The visitor would also visit Indigenous prisoners from the ACT who are incarcerated in NSW prisons;

(b) encouraging courts to develop innovative initiatives that promote alternatives to custody. An Indigenous court system (such as that established in Nowra or the Nunga Court in South Australia), or a Fine Options/Community Work Scheme (as is operating in Adelaide) are recommended options. Home detention, or diversion into education, employment and training through the local CDEP and other agencies are also recommended alternatives (see Aim 4, Criminal Justice System Strategic Plan below); and

(c) requiring that all staff in the justice system, and, in particular, those who deal with ATSI people in custody, undergo cross-cultural training on an ongoing basis.

Key relevant recommendations for adult corrections included:

appointing an Indigenous Official Visitor (who would also be able to access NSW prisoners);
maintaining and enhancing the role of the Aboriginal Liaison Officer at the BRC;
enhancing access by, and the provision of information to, family members of prisoners; and
introducing a work release program for Indigenous peoples who may be due for release.

Criminal Justice System Strategic Plan 2002-2005

The Criminal Justice System Strategic Plan 2002-2005 brings together criminal justice agencies, with the common objective of making the ACT safer. A number of specific objectives, with corresponding key actions, are set out in the document. The four principal aims set out within the document include bringing offenders to justice and administering sentencing outcomes effectively and efficiently. The latter aim includes providing throughcare for offenders; providing intervention programs appropriate for offender risk and needs; implementing alternatives to imprisonment for offenders including fine defaulters; and providing rehabilitation, restoration and reparation options. Specifically, Key action # 21 refers to Correctional Services and the Youth Services Branch providing programs and interventions to meet the specific criminogenic needs of Indigenous people; and to developing strong linkages with the Indigenous community to support young people in custody.

ACT Corrective Services Strategic Plan 2004-2007

The ACT Corrective Services Strategic Plan 2004-2007 has five strategic imperatives, one of which is ‘Fostering Partnerships for Growth', which includes a strategy of establishing and maintaining relationships with Indigenous organisations.

There are no other relevant Corrective Services policies, including any Indigenous-specific policies.