Other Relevant Strategies, Evaluations, Policies and Initiatives

Review of the Murri Court

In 2006, a review was conducted in relation to the Murri Court (Department of Justice and Attorney General, (2006) Report on the Review of the Murri Court; see also Westcott, M, (2006) Murri Courts, Research Brief 2006/14, Queensland Parliamentary Library) with the review resulting in further funding.  (By this time, there was a Murri Court in the Adult Magistrates Court criminal jurisdiction and/or the Childrens Court in Brisbane, Caboolture, Rockhampton, Mount Isa and Townsville.  The Murri Court had also recently started operating on a trial basis in Cherbourg).  In the 2006 review, it was reported that Murri Court stakeholders indicated that the Court was an effective mechanism for increased participation in and ownership by the Indigenous community of the criminal justice process.  The Review, however, found that limited data collection processes were in place to report on other specific outcomes of the Murri Court.  As a result, it was not possible to conclusively determine whether the Murri Court was meeting its objectives of reducing imprisonment, decreasing the rate of re-offending and reducing the number of Indigenous offenders who failed to appear in court.  The DJAG Annual Report (2006/07), however, indicates that a review of the Murri Court confirms its effectiveness in providing practical access to justice for ATSI offenders and responsive justice outcomes that focus on the rehabilitation and reintegration of Indigenous offenders into communities (see also Pathe & Parker 2006; Hennessy 2007; Westcott 2006; discussion in Cunneen 2005).

In 2008, the DJAG (Courts Innovation) provided further detail in relation to progress of the Murri Court.  Since the January 2007 injection of dedicated government financial support for the then existing five Murri Court locations, conversations and agreements between local Indigenous communities and local Magistrates have resulted in the establishment of seven further Murri Courts.  Murri Courts now operate in Brisbane, Caboolture, Cleveland, Ipswich, Caloundra, Cherbourg, Rockhampton, Townsville, Cairns, Mt Isa and St George.  The five Murri Courts that were operating prior to 1 July 2006 are under detailed evaluation to assess the impact of the program on achieving a number of goals.  

The provision of dedicated Murri Court staff within the Department of Justice and Attorney-General has provided assistance to Magistrates in establishing local agreements and providing orientation training for new Murri Court Elders to assist them with their court role.  These Court Case Co-ordinators are also engaged in the collection of evaluation data and in program development to support Murri Courts. The program is overseen by an inter-departmental committee, on which the Court is represented by the Chief Magistrate and Deputy Chief Magistrate.  Several key initiatives have occurred over the last 12 months to further develop the Murri Court program.  A full review of the work of the Murri Courts under evaluation has been initiated.  These courts have been operating largely independently and have provided contrasting responses to local Indigenous community issues.  

The evaluation requirements of the Murri Court program saw the development of a Murri Court database to record the performance of defendants through the program.  This database has the capacity to monitor recidivist behaviour through a link to the Queensland Wide Integrated Courts (QWIC) database and provide quantifiable data on any return of offenders into the justice system after Murri Court.  A Murri Court DVD has been produced to demonstrate the range of involvement of Murri Court Elders in the program and to honour their commitment as volunteers to improve justice outcomes for their communities.  Regular Newsletters and brochures have been initiated to spread word of the work of the Murri Courts.  Several Indigenous artists have donated artworks and allowed reproduction of the art in literature used by the Murri Court, further enhancing the involvement of Indigenous communities.  Support has been provided to develop Murri Court focused programs, such as an employment skills program in Brisbane, Elder involvement in Youth Conferencing in Caboolture, and an Indigenous Men's group in Mt Isa, to provide options for appropriate intervention in the problematic behaviour of defendants. (1)

Queensland Indigenous Alcohol Diversion Program (QIADP)

The Queensland Indigenous Alcohol Diversion Program (QIADP) commenced as a pilot project in 2007 in three locations.  It is a treatment program for Indigenous people involved in either (i) the criminal justice or (ii) child protection systems.  Under QIADP, eligible Indigenous people are placed in treatment and case management programs designed to reduce alcohol-related harm to the individuals and the community.  The program lasts for approximately 20 weeks.  Within the criminal justice system, QIADP is offered as a bail-based diversion for offenders charged with offences where alcohol is a factor (but not for offences of sexual or other significant violence).  There are eligibility criteria for entry to the program.  Professionals who might work with participants during the program include magistrates and court staff; Indigenous health services; solicitors; and community based organisations.  The program has a number of benefits, including offering more appropriate sentencing of offenders based on detailed information acquired during their participation in the program; enhanced community safety (as participants are closely monitored); and reduction in the numbers of Indigenous people involved in the child protection and criminal justice systems.   Referral may be through lawyers, police, or self-referral and, after an initial assessment by a magistrate, or by an officer of the Department of Child Safety, Queensland Health will then assess suitability for attendance. Queensland Health caseworkers will then prepare individualised treatment plans, which will include access to relevant services (such as counselling or residential treatment).  For those involved in the criminal justice system, participants will be required to attend court for regular progress reviews, and will attend court upon completion for sentencing.

The DJAG has identified this Program as an initiative that appears to be progressing well, and as having potential to address issues of alcohol-related criminal offending and child protection within Indigenous communities. The program has the support of magistrates (Protocol 2 of 2008 by the Chief Magistrate).  According to the DJAG, it provides an option for persons to participate in a structured intervention that aims to assist in the lives of participants, giving them the skills and confidence needed to improve their health and wellbeing. (2)

Indigenous Corrections and Community Corrections Programs

Relevant programs are as follows:-
• The Ending Family Violence program tackles violence within Indigenous families and aims to develop culturally-appropriate solutions to protect adults and children from the effects of domestic violence.  The program assists Indigenous offenders to understand what triggers their violent behaviour, and then helps them to identify and practise better behaviours with guidance from trained Aboriginal and Torres Strait Islander program facilitators. The program focuses on understanding violence, looking at the influence of alcohol, the consequences of violence, making the violence stop, self-mpowerment, relapse prevention, and the impact of alcohol consumption in relation to violent behaviour. The program is available to prisoners in correctional centres and offenders on probation or parole.

• Ending Offending is a cognitive behavioural program designed to meet the needs of Aboriginal and Torres Strait Islander offenders in a culturally appropriate manner. The overall aim of this program is to modify the drinking and offending behaviour of indigenous offenders in the correctional system. The program is available to prisoners in correctional centres and offenders on probation or parole.
• The New Horizons:  Indigenous high intensity sexual offending program and Back on Track:  Indigenous medium intensity sexual offending program have the same elements as mainstream sex offending programs, but are specifically designed to accommodate cultural, custom or language considerations relevant to Indigenous offenders. The programs involve a cultural advisor who attends the group and works with the program facilitators to promote cultural awareness. Both programs are offered in selected north-Queensland custodial centres. (3)

Community Justice Groups

The Department of Justice and Attorney General (DJAG) has referred to particular aspects of CJGs in indicating best practice.  These include the introduction of the State-wide Reference Group for CJGs in 2007/08. The State-wide Reference Group consists of two CJG representatives from eight regions of Queensland, together with stakeholders (including representatives from the DJAG, the judiciary, the Aboriginal and Torres Strait Islander Legal Service and other government agencies). Regional training forums for CJGs were also highlighted. The forums allow representatives from CJGs located in the same region to come together and discuss topics from the Statewide reference groups and to participate in appropriate training.  Three days of the four-day regional forums for 2007/08 were devoted to providing training to community justice members in job-relevant core units from a Certificate IV in Business (Governance).  This was delivered as an accredited TAFE course with the
first day spent assessing the prior learning of the students. The following two days involves the delivery of the first three subjects of the certification.  Following the initial study at the regional forum, students are able to continue their study towards gaining the formal qualification through delivery methods such as video conferencing, teleconferencing and internet activities.  For regions that obtain sufficient enrolments, a TAFE teacher will travel to the centre to conduct face-to-face training. Undertaking this accredited training program has lead to a transformation in the way in which graduates understand their roles and responsibilities and has equipped them with the necessary skills to perform their core functions effectively and  efficiently.(4)

Footnotes

1. Peter Kent, (DJAG) Courts Innovation, email to author 4 July 2008
2. Peter Kent, (DJAG) Courts Innovation, email to author 4 July 2008
3. See QCS, (n.d.) Intervention Programs, QCS, Brisbane QLD, and Fact Sheet (New Horizons).
4. Peter Kent, (DJAG) Courts Innovation, email to author 4 July 2008