Western Australian Aboriginal Justice-Specific Policy Frameworks

Aboriginal Justice Plan (2000)

The Aboriginal Justice Plan (2000) (AJP) was developed by the Justice Coordinating Committee (JCC) and the Aboriginal Justice Council (AJC)) in response to the outcomes of the 1997 Ministerial Summit into Aboriginal Deaths in Custody.   It sets out a vision, principles and framework to guide actions to reduce the number of Aboriginal people caught up in the criminal justice system.  It is not a set of programs or services to be implemented, but sets out ways that Aboriginal communities can define priorities and negotiate with Government agencies to provide the resources and services needed to address the underlying issues which eventually result in the over representation of Aboriginal people in the criminal justice system. 

Western Australian Aboriginal Justice Agreement (2004)

The Western Australian Aboriginal Justice Agreement: A partnership between Justice-related State Government Agencies and the Aboriginal and Torres Strait Islander Commission was developed under the Statement of Commitment to a New and Just Relationship (2001) (AJA). (1)  The AJA was formulated by Western Australian justice-related agencies, ATSIC, the Aboriginal and Torres Strait Islander Services (ATSIS) and the Aboriginal Legal Service of Western Australia (ALSWA) - and within the context of a number of State and Commonwealth Government commitments, policies and initiatives.  The AJA is five years in duration from the date of signing (March 2004). 
It is, broadly, a framework or partnership between Government and Aboriginal communities to work together at a state, regional and local level to improve justice outcomes for Aboriginal people.  It aims to achieve a number of objectives, including to reduce Indigenous contact with the justice system and to lower the incarceration rate of Aboriginal people. 

There are three nominated justice outcomes in the AJA - (i) safe and sustainable communities; (ii) a reduction in the number of victims of crime; and (iii) a reduction in Aboriginal over-representation in the criminal justice system.  With respect to the latter, relevant elements include the following -

- targeting resources for the development of diversionary programs
- reduced number of people, particularly children, entering the justice system
- imprisonment recognised as a sanction of last resort as a matter of practice
- improved opportunities for input from Aboriginal people into sentencing options
- enhanced Aboriginal leadership in the criminal justice system
- developing an evidence base specific to Aboriginal people to ensure the effectiveness of penalties used.

There are also five strategic focus areas to enable the development of strategic actions for implementation in the State, local and regional Aboriginal justice plans.  Focus area C is concerned with the criminal justice system, and sets out a number of elements which are relevant to improving criminal justice responses to Indigenous people, including the following:- 

- targeting intervention strategies for first offenders
- Aboriginal customary law
- broader range of sentencing options
- safety and security of individuals in custody
- education, training and rehabilitation programs
- aboriginal input into the review and reform of justice-related legislation and policies.

Prisons Division Strategic Plan for Aboriginal Services (2002-2005)

This document was formulated by the Department of Justice when Corrective Services (Prisons Division) was incorporated within that Department.  The purpose of the Plan is to provide a framework for action to achieve a key set of objectives, and the primary outcome sought is a reduction in the over-representation of adult Aboriginal people in the prison system.  It acknowledges that the ‘dominant issue' facing the Western Australian Prison System in 2002 is massive over-representation of Aboriginal people amongst inmates.  It is (apparently) guided by a new way of working with Aboriginal people through actively respecting and reinforcing Aboriginal culture; by collaborating with Aboriginal people to provide culturally appropriate services and programs; by establishing and maintaining strong, effective linkages between prisons and local Aboriginal communities and organisations; by supporting Aboriginal prisoners in maintaining strong ties with their families and communities; and, most importantly, by recognising that empowering Aboriginal people to develop and effect their own solutions is the only sustainable answer to the high Aboriginal imprisonment rate.

The Plan indicates that the following approaches/principles ought to be adopted in addressing Indigenous over-representation:-

1. ongoing consultation with Aboriginal people will involve the sharing of information and its context so that Aboriginal people can make informed comment;
2. the framework provided in the State Aboriginal Justice Plan will underpin the development of service delivery strategies for Aboriginal people;
3. development of policy, programs and services that impact on Aboriginal people will be based on the analysis of improved information and statistics;
4. the important role the Aboriginal Visitors Scheme plays in the welfare of prisoners will be supported and promoted within prisons;
5. knowledge and skills learnt from cultural awareness training will be regarded as core competencies and will be applied by staff to their working environment.

Key Objectives are as follows:

To reduce the over-representation of Aboriginal adults in prison

Actions include developing strategies to encourage prisoners to engage in programs and activities that seek to reduce re-offending; encouraging prisoners to access relevant external agencies (for instance, counseling or substance abuse services); making available, and ensuring participation in, programs designed to facilitate successful community re-integration; seeking collaborative partnerships to improve post-incarceration employment opportunities of Aboriginal prisoners; developing better links with Community Justice Services to ensure greater understanding of the process of ‘throughcare'; and more effective reintegration of prisoners by (i) developing alternatives to breaches of conditional release (so that problems can be dealt with in the community rather than through a return to custody), and (ii) increasing the use of cooperative partnerships to assist in the safe reintegration of high risk and high need prisoners approaching release.

To ensure that Prisons Division is responsive to the specific needs of Aboriginal women prisoners

Actions include providing accommodation for women that attends to their unique and diverse needs, and developing a comprehensive physical and mental health care strategy, with attention to programs and services aligned to the specific needs of women prisoners.

To ensure the services provided by the Prisons Division are appropriate to the
 culture and needs of indigenous people and their local communities.

Actions include ensuring that Aboriginal prisoners are housed in institutions which provide programs that respond to their needs; continuing to develop, expand and improve the range of programs and other risk management measures; developing culturally appropriate assessments in prisons and in the community to support reintegration; developing vocational training and educational programs to improve employment prospects; developing a comprehensive spiritual, physical and mental health care strategy addressing the specific needs of Aboriginal prisoners (particularly those in high risk categories); developing orientation and release videos specific to a prison location by, and for, Aboriginal prisoners; and recognising expressions of Aboriginality with regard to food preferences, ceremonies, customs etc.

To provide alternative approaches to managing adult Aboriginal prisoners in regional WA.

Actions include keeping prisoners in custody for the period prescribed by court at the least restrictive security level; facilitating access to Traditional Healers; developing strategies to maximise involvement of Aboriginal prisoners in culturally appropriate work and other activities; assisting in the capacity building of local communities (through engaging Aboriginal individuals and organisations in the delivery or facilitation of prison programs, and making available prison offender programs to local communities for their information/implementation within the community); seeking collaborative partnerships to develop and improve access to video link up to remote communities to ensure Aboriginal prisoners contact with family and community is maximised; and identifying models that provide for in-community management of offenders rather than imprisonment.

To acknowledge Aboriginal culture and diversity and to ensure ongoing consultation and collaboration with Indigenous people.

Actions include working to form collaborative relationships with local communities (by developing and providing work experience for prisoners which is of relevance and significance to the communities into which they will be released, and by facilitating prison visits by ATSIC members, regional councils and other external stakeholders to allay concerns and to raise awareness of prison management); reflecting the client group needs in design of prison accommodation (by consulting with Aboriginal people in design, and incorporating needs such as access to relatives through adequate visitation facilities); and providing primary health care, in conjunction with local community medical service, where possible, by promoting participation of State Public Health services, and by fostering partnerships with Aboriginal Health Care agencies.

To reduce the negative impact of incarceration on Aboriginal people

Actions include, where the security rating allows, accommodating Aboriginal prisoners within their homelands; maximising contact with families and community; recognising the importance of the Aboriginal Visitors Scheme and supporting their work; developing and sustaining an Elders - Speakers program; identifying and encouraging Aboriginal Chaplains to attend prisons; encouraging the use of Aboriginal Meeting Places in prisons; establishing a prisoner grievance procedure that enables greater internal resolution of complaints and grievances; and facilitating prisoners access to information and media in their language. 

Community and Juvenile Justice Aboriginal Justice Action Plan (2004)

The Community and Juvenile Justice Aboriginal Justice Action Plan provides a basis for Community and Juvenile Justice to contribute to the agreed outcomes of the AJA. The stated mission is to reduce offending, protect the community, and encourage those who offend towards law-abiding lifestyles.

A number of objectives and strategies have been set out, as follows:

(a) Working with the community - to achieve broad community support and participation in local interventions and local solutions to crime.

Relevant strategies include working with Aboriginal communities to better prepare them for the return of offenders.

(b) Diversion and intervention - To provide a comprehensive range of diversionary and intervention options that are used by the courts, police and other Government and non-government agencies to address early and minor offending. 

Strategies include the following:

• developing and implementing a range of comprehensive prevention and diversion options for Aboriginal offenders; and promoting the use of diversion options, particularly through the development of Aboriginal courts and alternative sentencing initiatives.
• increasing opportunities for Aboriginal youth, particularly those in regional and remote areas, to access the full range of juvenile justice diversionary services, including expanding of Juvenile Justice Teams to regional locations.

(c) Services and programs - to increase the delivery of culturally appropriate services.

Strategies include the following:

• developing and delivering programs and services focused on the specific needs of Aboriginal people, including therapeutic and skills-based programs, and with the involvement of Aboriginal people (including engaging respected Aboriginal people and Elders to review recruitment, selection and development strategies)
• developing innovative and flexible methods of delivering services to Aboriginal people and delivering them in appropriate, accessible locations
• developing program assessment tools to ensure programs and services are culturally and linguistically relevant and responsive to the needs of Aboriginal people
• working with Government and non-government health services to address Aboriginal people's physical and mental health needs during involvement with the justice system.

(d) Overrepresentation - To reduce the over-representation of Aboriginal people (as offenders and victims) in the criminal justice system. 

Strategies include the following:

• ensuring that pre-sentence reports prepared on Aboriginal people are comprehensive and include alternatives to custody, based on consultation with relevant Aboriginal people, family networks and/or communities.
• supporting opportunities for early engagement with Aboriginal prisoners and detainees, particularly to increase knowledge of, and access to, re-entry strategies and programs.

(e) Managing offenders in the community - to promote and increase effective options for managing offenders within the community and to promote a reduced reliance on remand in custody. 

Strategies include the following:

• skilling staff to work effectively with Aboriginal people through accredited
skills-based, cross-cultural training and engagement of community-based Aboriginal people for mentoring.
• reviewing the breaching protocols relating to Aboriginal offenders, including community corrections officers' awareness of Aboriginal people's ways of relating to non-criminal breaches, such as being late or missing meetings, before acting on non compliance with an order.
• expanding the use of community supervision agreements for adult offenders and establishing community supervision agreements to monitor young offenders from regional and remote areas.
• increasing the range of alternatives available for Aboriginal youth being remanded in custody, including the regional supervised bail program.
• reviewing policy and practices regarding the management of Aboriginal juveniles and adults in custody who are eligible for bail yet unable to meet the bail conditions.
• developing a resourcing framework and standards for case management at the community level.

(f) Managing young offenders in detention - To provide quality, safe and humane custodial services which better equip offenders for reintegration into their communities. 

(g) Women, young women and girls - To achieve improved and sustainable outcomes for female offenders.

Strategies include the following:

• developing programs and services to meet the specific needs of Aboriginal women, young women and girls
• developing a language framework and associated assessment tool to ensure Aboriginal women, young women and girls have access to material, programs and services in languages that are appropriate to their needs and abilities.
• engaging community-based Aboriginal women to assist Departmental staff provide cultural supervision and mentoring to staff.  

(h) Young people - to ensure services to offenders are age and developmentally appropriate and address their individual needs.

Prisons Division Indigenous Education and Training Policy (2005)

This policy framework aims to increase participation and success rates of Indigenous prisoners in terms of basic and vocational education; to involve Indigenous people in
decision-making in relation to educational programs; to achieve equity in education and to strengthen Indigenous identity, decision-making and self-determination; and to increase Indigenous employment.  The document also provides an overview of educational levels amongst Indigenous prisoners, and sets out a number of strategies to be utilised in reaching the aforementioned goals (such as ensuring that Indigenous offenders, where appropriate, have access to Indigenous-specific programs and teachers/trainers).

A Community Justice Services Programs Branch - Approach to Servicing Offenders (2005) has also been developed, but not made available, by WA Corrective Services.

Statement of Reconciliation (DCS) (2006)

The Department of Corrective Services Statement of Reconciliation acknowledges Aboriginal disadvantage, and notes, with concern, the over-representation of Aboriginal people within the justice system. The Department expresses a commitment to ensuring access to a fair and cost effective justice system and states that it is proactive in establishing partnerships with ATSI people to ensure equity of access to justice services.  The Department indicates that it utilises consultation, inclusion and empowerment wherever possible to ensure that ATSI culture is promoted, maintained and developed.

Department of Corrective Services Handbook (2007 and 2008)

The Department of Corrective Services' Handbook is a guide to services provided by the Department, and contains an expression of commitment to addressing the needs of
Aboriginal people who are directly or indirectly involved in the justice system. 

In 2007, information is provided in relation to the Department's Aboriginal Visitors Scheme (AVS) which provides support and counselling for Aboriginal detainees and prisoners in prison, juvenile detention centres and police lock-ups.  The AVS, according to the Handbook, aims to reduce the likelihood of death or self-harm; to ensure that the conditions of those in custody improve through consultation, advice and information; and that Aboriginal community groups are informed of conditions of custody.  Information is also provided about the Community Supervision Agreements for adult and juveniles offenders from remote communities.  Relevant councils and community members are contracted to provide services to young offenders in their own communities such as (i) providing placement options if suitable for supervised bail, (ii) providing mentoring, support and guidance where young people are on community-based orders, (iii) having community members (a) trained to provide community conferencing for minor offending and (b) develop and/or facilitate programs, and (iv) providing and monitoring community work.

The 2008 Handbook provides information about the Aboriginal Justice Directorate, established to improve delivery of services to Aboriginal offenders and to assist in implementing strategies (including those within the Mahoney Inquiry; Gordon Inquiry and AJA) to address over-representation, as well as Community Supervision Agreements in place for adult and juvenile offenders on remote communities. 

Court Services has also developed Court Services Aboriginal Strategic Plan (2005-2009), however, this document has not been made publicly available.