Northern Territory Whole-of-Government Strategic Frameworks
Agenda for Action: a whole of government approach to Indigenous Affairs in the Northern Territory 2005-2009
Agenda for Action: a whole of government approach to Indigenous Affairs in the Northern Territory 2005-2009 (the Agenda) was developed by the Northern Territory Government's Chief Executives' Taskforce on Indigenous Affairs, and was produced by the Office of Indigenous Policy (Department of the Chief Minister). The Agenda outlines six priority areas for Indigenous affairs over four years, which include ensuring that Indigenous people feel safe living and working on their communities. Initiatives to date under this priority area include amending the Sentencing Act to ensure Territory courts have access to good evidence about customary law. Current initiatives include running as a trial the Community Court initiative in Darwin and the Elders Visitors Program in correctional centres.
Closing the Gap of Indigenous Disadvantage - A Generational Plan of Action (2007)
Closing the Gap of Indigenous Disadvantage - A Generational Plan of Action (Closing the Gap)is a framework document developed by the Department of the Chief Minister in 2007, designed to enable implementation of a whole-of-government approach to tackling Indigenous disadvantage, negotiation of (complementary) long-term plans with the Commonwealth, and partnerships with Aboriginal people on relevant issues. The strategy seeks to close the gap in outcomes between Indigenous and non-Indigenous Territorians, and its broad vision is to ensure that by 2030…
Indigenous children born in the Territory will be as healthy and live as long as other Territorians. They will have the opportunity to participate fully in the social and economic life of the Territory, while having a strong cultural identity.
Closing the Gap is also, in large part, a response to the findings of the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse - Ampe Akelyernemane Meke mekarle “Little Children are Sacred”(2007)(Little Children Are Sacred Inquiry (see below).
In order to achieve its goals, Closing the Gap focuses on 7 objectives and action areas. For each of the 7 objectives and action areas, some context is provided in terms of the position of Indigenous people compared to non-Indigenous people; and five, ten and twenty year targets are set. Actions to be taken within the first 5 years are outlined (and will be reviewed over time), as well as Commonwealth initiatives relevant to the particular area and potential issues for negotiation in terms of what the Commonwealth might do to assist. The document stresses that collaboration between Territory, Federal and local Governments is essential in addressing Indigenous disadvantage.
For our purposes, the most relevant action area is ‘Safety'. The objective of this action area is as follows:
To ensure personal and community safety through a strong child protection system, effective alcohol and drug management, adequate policing, youth development and juvenile diversion programs and the engagement of the community in developing local solutions to crime and family violence. (1)
Recent initiatives to achieve the objective include developing integrated community-based family violence programs, expanding rehabilitation programs for sex offenders, the Elders Visiting Program, and establishing ten community courts. * Further new initiatives involve expanding the Indigenous family violence offender program. **
The remainder of the document sets out Government responses to the report of the Little Children are Sacred Inquiry, which contained 97 recommendations across 22 themes. The Board of Inquiry was directed in its terms of reference to examine the extent and nature of, and factors contributing to, child sexual abuse of Aboriginal children and to consider practices and procedures of relevant agencies, and any contribution which these agencies, and the Government more broadly, might make to address the issue of child sexual abuse of Aboriginal children, inter alia.
The Closing the Gap framework was formulated as a result of the Board's report. The Board recommended that leadership by Governments was required, that Aboriginal child sexual abuse ought to be designated as an issue of urgent national significance by the Commonwealth and Northern Territory Governments, and that both Governments work together under an MOU to address this issue, in consultation with Aboriginal people. In response, the Northern Territory Government committed to negotiating a long-term Generational Plan of Action with the Commonwealth, with Closing the Gap detailing the Government's commitment to the first 5 years of this Plan of Action. The aforementioned initiatives introduced as part of Closing the Gap to achieve the‘safety' objective came out of recommendations made by the Board in the Little Children are Sacred report. A number of further relevant recommendations within the latter report, and corresponding responses to those recommendations provided by Government in Closing the Gap are outlined below.
(a) Bail
Recommendation: Where an offence is sexual in nature, the protection and welfare of the child ought to be taken into account when considering bail.
Response: The Bail Act will be amended to reflect this change.
(b) Offender rehabilitation
Recommendation: More sex offender rehabilitation (including juvenile-offender specific rehabilitation) programs are required, with a preference for community-based rehabilitation where appropriate. Correctional Services must provide ongoing sex offender rehabilitation programs in jail, and for persons on remand, including culturally appropriate programs. Parole supervision must also include attendance at a rehabilitation program and time back in the community. Government ought to commence meaningful dialogue with Aboriginal communities aimed at developing alternative models of sentencing that incorporate Aboriginal notions of justice and rely less on custodial sentences and more on restoring the wellbeing of victims, offenders, families and communities.
Response: The Government will provide more rehabilitation support for adults, and specifically for juveniles, including sex offender rehabilitation programs and some community-based rehabilitation options, and programs for offenders who are also sexual abuse victims. The Department of Justice will expand the Elders Visiting Program. The Department of Justice will also continue to develop and pilot alternative sentencing models for crimes other than child sexual abuse, including by way of expanding the Community Court to the largest communities.
(c) Community justice
Recommendation: Government should commit to the establishment and ongoing support of Community Justice Groups (CJG) in those communities who wish to participate in such an initiative. The CJG ought to set community rules and sanctions (where consistent with Territory law); present information to courts for sentencing and bail purposes about an accused, and provide information or evidence about Aboriginal law and culture; be involved in diversionary programs and participate in the supervision of offenders; assist in establishing Aboriginal courts and provide a suitable panel from which Elders could be chosen to sit with the Magistrate; and be involved in alternative dispute resolution.
Response: Government will expand the use of Community Courts, and community justice programs will be introduced.
(d) Role of communities
Recommendation: Government ought to encourage, support and resource development of community-based and community-owned Aboriginal family violence intervention and treatment programs.
Response: The Government will expand on an Indigenous Family Violence Community Based Program currently delivered on Central Australian communities (including the delivery by local Indigenous facilitators, and involving family violence offenders and victims participating in alternative court sentencing options other than imprisonment).
Building Safer Communities - A Framework for Crime Prevention and Community Safety (2004-2009)
The Government strategy Building Safer Communities - A Framework for Crime Prevention and Community Safety (2004-2009) is the responsibility of the Office of Crime Prevention (Department of Justice). It pre-dates the Government's Agenda for Action. The strategy is not Indigenous-specific. However, it has a number of ‘building blocks' aimed at creating both safe and secure communities and an effective legal and justice system, which include ‘two way justice - engaging Aboriginal culture and communities'.
The document outlines what has been done, what is being done, and what will be done with regard to this ‘building block'. Current initiatives include developing a framework for community input into court processes and sentencing and implementing the recommendations of the Northern Territory Law Reform Committee's Report of the Committee of Inquiry into Aboriginal Customary Law (2004). Future initiatives include negotiation of an Indigenous Justice Agreement, provision of community based treatment programs for offenders (particularly for family violence), and extending law and justice planning (focusing on crime prevention and sentencing initiatives).
The document also outlines initiatives in relation to each of the five other ‘building blocks', and a number of those initiatives are specifically relevant to Indigenous people and over-representation. For our purposes, the only other relevant building block is that of ‘preventing (re)offending and targeting punishment'. A number of initiatives have been introduced in order to prevent (re)offending. Future initiatives include the piloting of Aboriginal Courts in selected communities to allow community input into sentencing.
Department of Justice Strategic Plan 2005-2009 (incorporating Corrective Services)
The Department of Justice has indicated that one of their strategic priorities for 2005-2009 is the implementation of Building Safer Communities - A Framework for Crime Prevention and Community Safety (2004-2009). It will focus, in particular, on the high proportion of Indigenous prisoners. There is also a commitment to ensuring that the correctional system meets the needs of the Territory's diverse population, including Indigenous people.