CPD Programs
Aboriginal Child Sexual Assault Taskforce
The Aboriginal Child Sexual Assault Taskforce has called for submissions for information from communities, individuals and organisations who have experienced, or are facing the issues pertaining to child sexual assault in Aboriginal communities. The Taskforce, established by the NSW Attorney General, commenced formal operations in July 2004 to consult widely with Aboriginal communities, community based services and government departments about child sexual assault. Based on research and community knowledge, the Taskforce will propose a number of key recommendations to the Attorney General aimed at reducing the incidence of child sexual assault and also improving the way it is dealt with.
Why establish this Taskforce?
This Taskforce was established in response to concerns raised by representatives of Aboriginal communities on a number of levels. In particular, a Sexual Assault Roundtable brought together a number of Aboriginal people to engage, discuss and propose solutions to sexual assault. The Taskforce was a recommendation resulting from those discussions.
The Taskforce also aims to respond to the rate of sexual assault offences experienced by Aboriginal people, particularly Aboriginal women and children who are at least twice as likely to be a victim of sexual violence than other NSW citizens (Source: Bureau of Crime Statistics and Research).
Aboriginal Child Sexual Assault Taskforce Factsheet (PDF 85KB)
Go to the ACSAT website>>
Aboriginal Community Justice Groups
Aboriginal Community Justice Groups are local groups of Aboriginal people who come together to develop ways to solve local law and justice problems. Groups are able to work with both juvenile and adult offenders and victims of crime. Groups currently operate in Lismore, Maclean/Yamba, Grafton, Mt Druitt and Toronto communities. A further five Aboriginal Community Justice Groups will be established by the end of June 2005.
What is a Community Justice Group?
Aboriginal Community Justice Groups are representative groups of local Aboriginal people that come together to examine the crime and offending problems in their communities and develop ways to solve those problems. The Groups also work with different areas of the criminal justice system to make sure it works better for their communities. Aboriginal Community Justice Groups work on the idea that local Aboriginal people know their own communities and problems better than most and, increasingly, that more Aboriginal people want to become involved in solving those local problems.
The Groups also work on the idea that local community problems are best solved by local community developed solutions. Each Aboriginal community is different, so an Aboriginal Community Justice Group may look and act differently in each Aboriginal community.
Where the Groups began
The idea started in Queensland when local communities believed the criminal justice system did not work well for them. Local Aboriginal people wanted to become directly involved in what was happening to their own people. These same types of Groups are now also working in the Northern Territory.
How to get involved?
Coordinators are currently being recruited by the Crime Prevention Division to support the work of Aboriginal Community Justice Groups.
Aboriginal Community Justice Groups Factsheet (PDF 88KB)
Aboriginal Community Patrols
Factsheet: PDF Version (42Kb) or Word/Text Version (27Kb)
If you are already involved with an Aboriginal Community Patrol, you can access the online documentation here>>
Aboriginal Community Patrols are community based services that operate a safe transport and outreach service for people who are on the streets late at night. The overall aim of patrols is to reduce the risk of people becoming involved in crime and anti-social behavior, either as a potential victims or offenders. Patrols operate late at night when other support services are not available.
They deal with people that are usually inaccessible and provide an opportunity to promote other support services that can address their individual needs.
Initial findings of an independent evaluation of the program suggests Patrols are a successful and cost effective strategy to reduce crime and enhance the safety of local streets during their hours of operation. The evaluation was funded in partnership by the Roads and Traffic Authority and the Crime Prevention Division of the NSW Attorney General's Department.
Patrols help communities
Patrols can assist communities to address issues relating to the following offences:
- malicious damage to property;
- vandalism,
- alcohol related violence,
- street offences and, in some circumstances, minor theft offences.
Some patrol services have a security focus while others play a more supportive role by linking people to support services that seek to address the underlying issues that may result in their presence on the streets late at night. Community Patrol services rely heavily on local support services. Referrals and linkages to follow up support services and assistance may result in more sustainable outcomes for night patrol clients.
How can I get involved?
The Crime Prevention Division can provide general advice about establishing patrol services, however funding is only provided to communities identified as priority areas.
Community Patrol locations
As at September 2005, Community Patrols operate throughout New South Wales, at:
- Armidale
- Bourke
- Bowraville
- Brewarrina
- Casino
- Coffs Harbour
- Dareton
- Dubbo
- Kempsey
- Mungindi
- Newcastle
- Shoalhaven
- Wilcannia
- Gulargumbone
- Coonamble
Street Beat patrol locations
- Redfern
- Maroubra
- Ballina
- Taree
Operating the patrols locally
Aboriginal Community Patrols are linked to Project Steering Committees that provide external oversight and support to auspice organisations. Steering Committees usually comprise of both local service providers and community representatives.
Steering Committees provide guidance to auspice organisations and can provide advice in regard to operational and management issues. Operational advice can include the patrols hours of operation, geographical coverage and the identification of a area hotspots for the service to target. Aboriginal Community Patrols also have positive relationships with the police and can often minimize negative encounters between police and young people. Patrols also rely on the provision of crime statistics to measure their impact on offending rates and levels of anti-social behavior. Aboriginal Community Patrols look different within each community as each community has its unique problems and characteristics.
Factsheet: PDF Version (42Kb) or Word/Text Version (27Kb)
Adult Conferencing
The Crime Prevention Division is establishing the trial of a new community conferencing scheme for young adult offenders aged 18-24 years. It starts April 2005 and run for two years in two locations; one metropolitan (Liverpool) and one non-metropolitan, which is currently being finalised.
A community conference is a decision-making forum. It brings together the offender and the victim with a facilitator, the police officer and other support people, to discuss the harm caused by the offence and to prepare an 'intervention plan' for the offender. The intervention plan may include an apology or reparation to the victim; participation in a relevant program such as a drug or alcohol rehabilitation, and other measures to assist offenders address their offending behaviour and reintegrate into the community.
The trial program will not be available for offenders of serious crimes of violence (such as malicious wounding or infliction of grievous bodily harm), child prostitution and child pornography offences, stalking or intimidation, offences involving use of a firearm or domestic violence offences.
Circle Sentencing
Circle Sentencing factsheet: PDF Version (47Kb) or Word/Text Version (30Kb)
Circle Sentencing is an alternative sentencing court for adult Aboriginal offenders. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. It also empowers Aboriginal people to address criminal behaviour within their local communities.
As at May 2006, the program operates at Local Courts in Nowra, Dubbo, Walgett, Brewarrina, Bourke, Lismore, Armidale and Kempsey, with the program to expand into Western Sydney (Mt Druitt.)
As set out in the Criminal Procedure Amendment (Circle Sentencing Program) Regulation 2005, Circle Sentencing's aims include:
- increasing the confidence of Aboriginal communities in the sentencing process,
- reducing barriers between Aboriginal communities and the courts,
- providing more appropriate sentencing options for Aboriginal offenders,
- providing effective support to victims of offences by Aboriginal offenders,
- greater participation of Aboriginal offenders and the victims in the process,
- raising awareness of the consequences of offences on victims and communities,
- reducing recidivism, or habitual relapse into crime, in Aboriginal communities.
A comprehensive evaluation is being conducted. Previously in 2003, Circle Sentencing in New South Wales: A Review and Evaluationwas produced by the Judicial Commission of New South Wales and the Aboriginal Justice Advisory Council (AJAC). It is available via AJAC's website: www.lawlink.nsw.gov.au/ajac or online PDF Version.
Circle Sentencing factsheet: PDF Version (47Kb) or Word/Text Version (30Kb)
Circle Sentencing brochure PDF Version (153Kb)
Drug Court (Adult)
Drug Courts are specialist courts that deal with offenders who are dependent on drugs. They emerged as a result of growing disenchantment with the ability of traditional criminal justice approaches to provide long-term solutions to the cycle of drug use and crime. Drug Courts aim to assist drug-dependent offenders to overcome both their drug dependence and their criminal offending.
The Drug Court of New South Wales (NSW) is the first Drug Court to be trialed and evaluated in Australia. The Court began operation as a two-year pilot in February 1999. The evaluations of the Bureau of Crime Statistics and Research were published in February 2002 and can be found at (www.lawlink.nsw.gov.au/bocsar). Following these evaluations it was decided to continue the pilot program until 2004 with some amendment to the legislation. These amendments were included in the Drug Court Act 1998 in December 2002.
The Drug Court has Local Court and District Court jurisdiction. The court operates from the Parramatta Court complex.
Go to the Drug Court website
Intensive Court Supervision (ICS)
The Division is working in partnership with the Department of Juvenile Justice to develop an Intensive Court Supervision program to provide diversionary options for juvenile offenders in the towns of Bourke and Brewarrina.
The program will:
- seek to address any health or social deficits these young people may have
- increase their involvement into cultural activities, education, vocational training and sport
- provide them with mentoring and support through community volunteers.
The program will commence operation in early 2005 and will be evaluated.
Magistrates Early Referral Into Treatment (MERIT)
MERIT is a Local Court based diversion program that targets adult defendants with illicit drug use problems who are motivated to undertake drug treatment. Defendants assessed as suitable for MERIT can undertake supervised drug treatment as part of their bail conditions.
The primary goal of the MERIT program is to break the drug-crime cycle by involving defendants in treatment and rehabilitation programs.
MERIT is available to eligible defendants who appear at participating Local Courts. The program targets defendants with a demonstrable drug problem who are eligible and suitable for release on bail and who are motivated to engage in treatment and rehabilitation.
The NSW Attorney General’s Department is the lead agency for MERIT. Health services are provided by the NSW Health Department. NSW Police, Legal Aid, Probation and Parole and Local Court officers all provide crucial support to the program.
Defendants can be identified by the Magistrate, solicitor, police, or the defendants themselves as suitable for assessment for the MERIT program. Based on the defendants’ voluntary interview and assessment by the MERIT team, the client may be accepted into treatment as a condition of their bail. If accepted, a drug treatment program will be developed that matches the defendant’s needs. The Court would make the defendant’s involvement in MERIT a condition of bail.
MERIT Factsheet (PDF 112KB)
Go to the MERIT website>>
Rural Alcohol Diversion (RAD) pilot program
Rural Alcohol Diversion (RAD) provides adult defendents with alcohol abuse or dependence problems the opportunity of rehabilitation as part of the bail process. RAD is based on the operating model of the successful Magistrates Early Referral Into Treatment (MERIT) program, which diverts adult defendants, eligible for bail, into treatment for their illicit drug use.
The RAD Pilot Program, launched at Orange Local Court on 17 December 2004, is being piloted during 2005/2006 at Orange and Bathurst in regional New South Wales, Australia.
Participants can be identified by the magistrate, solicitor, police, or the defendants themselves as suitable for assessment for the pilot program. Based on the assessment, the defendant may be accepted into RAD to receive targeted alcohol treatment. The treatment program will be developed to match the defendant’s individual needs. The Court will make the defendant’s involvement in RAD a condition of bail.
Defendants are closely case-managed throughout the program and the magistrate receives regular reports from the RAD Caseworker on the participant. The final hearing and sentence generally coincide with the completion of the treatment program. Magistrates are then able to consider the defendant’s progress in treatment as part of final sentencing.
Eligibility Criteria
- Suitable for release on bail
- An adult with a demonstrable alcohol problem
- Not involved in offences related to significant violence or sexual assault, or matters to be heard in the District Court
- Not involved in pending matters of a significant violent or sexual assault nature
- Deemed suitable for alcohol treatment and have a treatable problem
- Approved to participate in the program by the magistrate
- Willing to consent to an alcohol treatment program
The RAD program allows defendants to focus on treating their alcohol abuse or dependence problems in isolation from their legal matters. Therefore, the program is designed so that agreement to become involved is not an admission of guilt for the offence(s). Treatment generally commences prior to any pleas being made with the adjournment of court matters until the completion of the program.
If eligible, what next?
Participants attend an interview with the RAD Caseworker to assess the nature of their alcohol problem and the type of treatment that is available and suitable for them.
What type of treatment is available?
- Detoxification
- Pharmacotherapies
- Residential rehabilitation
- Individual and group counselling
- Case management
- Welfare support and assistance
What happens during the bail period?
Participants:
- undertake the alcohol treatment program as agreed with the caseworker and the magistrate
- abide by all conditions of bail and the RAD program undertaking
- have the support and guidance of the RAD Caseworker
- appear before the magistrate during this period, to provide an update on treatment progress.
What happens if the conditions are disobeyed during the bail period?
The situation will first be considered by the caseworker. However, the Court will be notified if participants:
- fail to attend any two consecutive scheduled appointments
- commit further offences
- do not comply with the bail conditions.
Sentencing/Hearing
The completion of the treatment program coincides with the hearing or sentencing of the outstanding court matter(s). Failure to respond to the RAD treatment program will not be dealt with by punitive measures. If convicted of the offence(s) as charged, any penalty will relate to that offence only, and not to any failure to respond to treatment.
- The magistrate hearing the case is provided with a report from the RAD Caseworker.
- The report gives information on the participant’s alcohol treatment and provides recommendations for further treatment.
- Where possible, a detailed aftercare program is formulated to assist participants to further their rehabilitation.
- The implications of the participant’s compliance or non-compliance with the treatment program is at the discretion of the magistrate.
RAD Factsheet (PDF 118KB)
Traffic Offender Intervention Program
The Traffic Offender Intervention Program is a Local Court based program targeting offenders who have plead guilty to, or been found guilty of, a traffic offence.
The goal of the program is to provide offenders with the information and skills necessary to develop positive attitudes towards driving and develop safer driving behaviours.
On application by the defendant, the defendant’s legal representative, or the Court’s own motion, magistrates can make a referral to an approved traffic course provider. The magistrate then adjourns the matter for sentencing, allowing sufficient time for the nominated course to be completed.
The program is Regulated under the Criminal Procedure Act by the Criminal Procedure Amendment (Traffic Offender Intervention Program) Regulation 2007. In addition, the TOIPs Operating Guidelines provide information for course providers on how to apply to become an approved course provider under the Regulation.
The Crime Prevention Division is currently accepting applications for approval. Magistrates will commence making referrals to approved course providers from 28 March 2008.
Traffic Offender Intervention Program: Operating Guidelines (Word 125Kb) and also Criminal Procedure Amendment (Traffic Offender Intervention Program) Regulation 2007 (PDF 284Kb)
Youth Drug and Alcohol Court (YDAC)
The NSW Youth Drug and Alcohol Court (YDAC) aims to reduce re-offending by young people who have become entrenched in the criminal justice system by helping them overcome their drug or alcohol problem. It began operations in July 2000.
The YDAC aims to rehabilitate young offenders with alcohol and or drug problems. It seeks to address not only the legal factors, but the holistic and systemic health and welfare issues which have affected the young person's ongoing substance misuse and associated offending. The YDAC program is an integrated and collaborative initiative, which brings together the elements of the juvenile criminal justice system with various government and non-government adolescent service providers.
Go to the YDAC website
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