Other Relevant Initiatives, Reviews and Reports

Other Relevant Initiatives, Reviews and Reports

ACT Aboriginal and Torres Strait Islander Justice Initiatives in the ACT (2008)

The ACT Department of Justice and Community Safety published this document in April 2008, as a precursor to the development of an Aboriginal Justice Agreement in the ACT, to be developed by Government in collaboration with the Aboriginal Justice Centre.  The document consists of reports by various agencies in relation to initiatives which address Indigenous justice issues.

ACT Corrective Services
ACT Corrective Services has indicated that the following initiatives are currently in place:

  • Indigenous Policy Officer - provides advice and guidance to enhance programs designed for indigenous clients and offers support through networking and collaborating with other agencies and community-based organisations.
  • Indigenous Liaison Officer (ILO) - ­provides welfare support for inmates at remand centres.
  • Indigenous Cross-Cultural Training - cultural education provided for all ACTCS staff upon entry into Corrective Services.  Refresher courses are provided to all staff.
  • Identified Positions - two positions based in Probation and Parole allows ACTCS to specifically case manage Indigenous clients in both mainstream and the Circle Sentencing court.
  • Indigenous Traineeship in Community Services - Two new identified positions under the ACTCS's Traineeship program provide employment opportunities for Indigenous people to participate in community-based corrections.
  • Vocational Educational Training - membership to this group allows ACTCS to contribute to a range of educational products and to address the needs of Indigenous offenders both pre and post release.
  • Employment/Recruitment - promotes and positively encourages indigenous people to apply for positions with ACTCS.
  • Cross Border Arrangements - arrangements for sentenced prisoners are in place to protect their rights, and offers support through protocol arrangements to allow ACT Indigenous Official Visitors to visit NSW Correctional Facilities.

The ACT's Community Based Corrections has focused on the accommodation needs of those released from custody (to prevent re-offending); and on Throughcare for those leaving the (new) Alexander Maconochie Centre (aimed at ensuring an integrated and seamless approach to the delivery of services for offenders as they move between prison, community corrections and the community, and including a referral to re-settlement support services).  The Throughcare program for the prison will offer specific culturally focused responses to areas of need, which will include input from the Indigenous community and key Indigenous organisations such as the Aboriginal Justice Centre, Winnunga Nimmityjah Aboriginal Health Service, Gugan Gulwan Youth Aboriginal Corporation, and Billabong Aboriginal Corporation.  More broadly, Corrective Services is developing policy and procedures, and an overarching management plan for Indigenous prisoners, and these Throughcare initiatives form part of these new developments.  Further developments include:

  • Development of a workable relationship with the Aboriginal Justice Centre (AJC) with respect to the effective delivery of a range of correctional and community based services to Indigenous offenders.
  • In collaboration with the AJC, exploration and development of placement and program options for Indigenous offenders placed on a court order to undertake a drug and alcohol rehabilitation program.
  • In collaboration with the ACT Aboriginal Justice Centre and Auswide (Corrective Services identified tender), development of a framework (under an AMC prisoner transitional release program) that will provide sustainable long-term employment opportunities for indigenous offenders.

Health Issues
In terms of health service provision, it is noted that the Winnunga Nimmityjah Aboriginal Health Service (WNAHS) provides services to Indigenous inmates at Belconnen Remand Centre (to be replaced by the Alexander Maconichie Centre (AMC)).  WNAHS runs a number of programs, including the Youth Detox Support Service for 14-18 year old Indigenous youths (including those at Quamby (to be replaced by a new youth detention centre at Gungahlin)).  ACT Health has been developing an ACT Corrections Health Service Plan 2007-2010, having consulted with relevant organisations, including WNAHS.  With research funding, WNAHS along with government and other stakeholders has developed a draft Holistic Model for Health Care Delivery for Indigenous Prisoners for AMC.  WNAHS currently provides the following specific services to Aboriginal and Torres Strait Islander clients in the corrections system:

  • weekly visits to BRC by a doctor and health worker;
  • fortnightly visits to Goulburn and Cooma gaols by a doctor and health worker;
  • Pharmacotherapy;
  • advocacy and referral counselling services;
  • court support and transport;
  • youth diversion program;
  • men's group;
  • home maintenance program;
  • parenting program; and
  • anger management program.

Human Rights Commission (ACT)
The Human Rights Commission (ACT) conducted a Human Rights Audit on the Operation of ACT Correctional facilities under Corrections Legislation (tabled in the ACT Legislative Assembly in August 2007).  Some comments were made, therein, in relation to Indigenous people.

The report found that the position of the Indigenous Liaison Officer and regular offering of cultural awareness training is evidence of a serious commitment by ACT Corrective Services to create an environment that is as free as possible from racism directed towards Indigenous detainees.  It was also recommended that cultural awareness training and competency-testing be improved for non-Indigenous Corrective Services officers.   In addition, the audit made urgent recommendations in relation to the lack of an organised activities program for all detainees.  It was further noted that the lack of meaningful activities had particular ramifications for Indigenous detainees.  Other problems identified included the lack of cultural activities provided for Indigenous detainees.  The Audit recommended that the Indigenous Liaison Officer be given more support and resources to enable culturally important activities for Indigenous detainees be provided. Corrective Services officers should be encouraged to play a role in Indigenous events such as NAIDOC week, with participation counted as an aspect of ongoing cultural awareness training.

Aboriginal Justice Centre
Case managers at the Aboriginal Justice Centre will work with Indigenous people at various stages of contact (or during times of risk of contact) with the justice system. The AJC has emphasised its work in relation to intensive programs with offenders who are either self-referred, or referred by police/courts/agencies; and regular meetings with the Watchhouse Committee.  The importance of the AJC relates to the role of the case managers assisting agencies located within the criminal justice system.  The AJC, according to its CEO, will take the lead on reducing Indigenous incarceration in the ACT by providing, or linking persons to, support and prevention programs that compliment, but do not duplicate, the role of the Aboriginal Legal Service and other service
providers in education, health, employment and the like. (1)

Circle Sentencing
Circle sentencing was introduced with the Ngambra Circle Sentencing Court in May 2004, and is still operating with some success.  It is underpinned by a relevant Practice Direction of the ACT Magistrates Court, and by the ACT Magistrates Court Act 1930.  By October 2007, the Court had convened on 50 occasions and dealt with 35 offenders. The majority of offenders before the Court face offences relating to family violence attributable to long-term alcohol and drug abuse.  Other offences relate to traffic matters and minor assault.  The offenders must plead guilty to the offences and be prepared to submit to a panel of Elders, who recommend an appropriate sentence commensurate with the gravity of the matter to the presiding Magistrate. There is a screening process by an Elders panel to assess the suitability of the offender appearing before the Circle Court. The new sentencing legislation introduced in the ACT in June 2006, the Crimes (Sentencing) Act 2005 and the Crimes Sentencing Administration Act 2005, enables the Elders' panel to recommend combination sentences which may link the offender to appropriate programs and support.  It is thought that the Court has a 75% success rate, but there has not been any formal, independent evaluation of the initiative. The Circle process promotes the offender taking responsibility for their actions with the support of the community.  It improves the chances of rehabilitation and healing by the offender (Department of Justice and Community Safety (DJCS) Annual Report 2006/07). (2)

Restorative Justice
The Crimes (Restorative Justice) Act 2004 commenced operation (with a Restorative Justice Unit established within the Department of Justice and Community Safety) in January 2005.  It is being implemented in two phases.  Phase one, currently in operation, allows young offenders to be referred to restorative justice, either as a diversion from the criminal justice system, or in addition to prosecution.  Phase two has not yet commenced, but will involve adult offenders becoming eligible to be referred to restorative justice.  Restorative justice is available to people involved in all stages of the justice system (from point of apprehension to post-sentence). Since the scheme commenced operating, the AFP, the Office of the Director of Public Prosecutions (DPP) and the ACT Children's Court has referred 57 young people who identify as Aboriginal or Torres Strait Islander.  They represent approximately 12% of all young offenders who have been referred.  The AFP uses the scheme predominantly as a diversion from the criminal justice system, while the DPP and the Children's Court use the scheme to provide opportunities to young people to take responsibility for their actions and to make amends for what they have done.  The DPP and the Children's Court take into account the young person's participation in restorative justice when making decisions about their case.  Most of the offences are property - related (80%). (3)

ACT AJAC Jurisdictional Report to the National Aboriginal Justice Advisory Committee (2007)

The contribution from Corrective Services in this report is the same as the detail supplied above in the ATSI Justice Initiatives in the ACT (2008) document.

ACT AJAC Jurisdictional Report to the National Aboriginal Justice Advisory Committee (2006)

The contribution from Corrective Services is the same as the detail supplied above in the ATSI Justice Initiatives in the ACT (2008) document.

In addition the report notes that

(a) The DHCS Homelessness Strategy was released in 2006, and will include in its focus ATSI people, including ATSI offenders.  The Supported Accommodation Assistance Program will provide an important link with the Corrective Services Home Detention Program for Indigenous prisoners under this Strategy.   Funding was also allocated to address (short-term) accommodation needs for Indigenous people who are exiting the justice system (under an Indigenous Boarding House Network). It is anticipated the Boarding House Network will alleviate possible future demand for temporary accommodation once the ACT Prison Project has been completed.

(b) The Aboriginal Justice Centre was incorporated in late 2005.  The AJC was to assist individuals and families involved in the justice system and to liaise with correctional facilities (inter alia).  It was anticipated that a case management model would be developed to coordinate existing case management services to ATSI people.  The case manager would liaise with clients and service providers to maximise the opportunities for ATSI people and to support their attempts to comply with community based court orders.  The case manager's secondary role will be to deliver case management practices to this group of clients within the context of existing case management plans being delivered by existing service providers.  The AJC case manager was to be a resource for criminal justice agencies, and to work closely with service providers to improve communication with the provider's Indigenous clients and to provide advice and support to the criminal justice agency in the management of Indigenous people.

(c) The design of the new youth justice centre incorporated Indigenous - specific needs, as follows:

  • involving the ATSI community in the design - there is an ATSI representative on the design panel
  • monitoring of ATSI inductees at all times to meet the requirements of the Royal Commission of Aboriginal Deaths in Custody recommendations
  • design of rooms and areas that are culturally appropriate eg ATSI people having a connection with the outdoors - views etc
  • spaces should be sufficiently flexible so that cultural needs can be accommodated - some rooms will have connecting doors so that they can be turned into a single area as required.

Continued input from the ATSI representative and the community into the design of the centre was to be important in ensuring that it is culturally appropriate and considers ATSI children and young people's cultural, historical, physical and spiritual wellbeing.

Practice Direction - Ngambra Circle Sentencing Court

The Practice Direction states that there will be a six-month trial of the Ngambra Circle Sentencing Court, commencing in May 2004.  The stated aims of the Sentencing Court are as follows:

  • to involve ATSI communities in, and increase confidence in, the sentencing process
  • to reduce barriers between Courts and ATSI communities
  • to provide culturally relevant and effective sentencing options for ATSI offenders
  • to provide the offender with support services that will assist them to overcome offending behaviour
  • to provide support for victims of crime and enhance the rights and place of victims in the sentencing process
  • to reduce repeat offending within ATSI communities

The document then sets out directions in relation to issues such as the process of assessment of suitability for the Court, role and participants of the Court and of Court Coordinator, the conduct of the Court, and the process of resolution of matters before the Court.

Footnotes

1. Conversation, email - Rae Lacey, CEO, Aboriginal Justice Centre 24 June 2008
2. See also Madden, S, (2007), ‘The Circle Court in the ACT - An Overview and Its Future', Paper presented to AIJI Indigenous Courts Conference, September 2007, Mildura, Victori ; Department of Justice and Community Safety, (2008) Aboriginal and Torres Strait Islander Justice Initiatives in the ACT: Towards the Development of an AboriginalJustice Agreement for the ACT, Canberra, ACT; and see also the ACT government site on restorative justice.
3. For further information on restorative justice in the ACT, see Department of Justice and Community Safety, Restorative Justice Options in the Act: Options Paper (2003), wherein issues relevant to Indigenous offenders and victims were raised (including recommending that a circle sentencing initiative be established in the ACT; and Ministerial Review into Phase 1, including discussion of ATSI rates of participation).