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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Funding for the care and treatment of intoxicated persons That the abolition of the offence of drunkenness should be accompanied by adequately funded programs to establish and maintain non-custodial facilities for the care and treatment of intoxicated persons. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Community Services; Department of Health Implementation report The Supported Assistance Accommodation Program (SAAP) currently provides $5.6 million in funding to 26 services across New South Wales. A primary aim of these services is to address the needs of homeless persons who have an alcohol addiction. Within the SAAP service system there are a number of services which primarily target Aboriginal people. They are located in Bourke, Brewarrina, Moree and Walgett. Although funding of these services is primarily the responsibility of the Commonwealth Department of Health and Family Services, NSW Health under its Non-Government Organisation Program, continues to allocate recurrent funding ($38,500 for 98-99) to Oolong House (Illawarra Area Health Services), Orana Haven (Far West Health Service) and Ngaimpe (Central Coast) to undertake drug and rehabilitation programs. These services comprises both a residential and non-residential program, including counselling, group therapy, stress management and relaxation, recreation work skills and employment and after-care. Oolong House, Orana Haven and Ngaimpe are Indigenous specific services. The services submit annual activity reports to the Department. None of these services have been designated as proclaimed places. The Aboriginal Health Branch within the Department also funds a number of drug and alcohol positions state wide in Aboriginal Community Controlled Health Organisations. The Department of Community Services recognises the need to provide long-term solutions for homeless people with alcohol addictions. Currently, the Partnership Against Homelessness committee has been requested by the Cabinet to review services provided by the SAAP service network. A sub-committee of the Partnership Against Homelessness committee has commenced a review of current service provision to identify structural changes and improvements to ensure the system responds to the needs of the Aboriginal client group in the most appropriate manner. This will result in Aboriginal people having greater access to SAAP services that are culturally appropriate to their needs. Implementation status Partially implemented Future reporting in Part A
Monitoring the effect of Dry Area Declarations That Governments should closely monitor the effects of dry area declarations and other regulations or laws restricting the consumption of alcohol so as to determine their effect on the rates of custody in particular areas and other consequences. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Attorney General’s Department – Anti-Discrimination Board Implementation report The Anti-Discrimination Board continues to note in 1998, the lack of a proper consultation process by local Councils with local Aboriginal communities before the lodgement of Alcohol Free Zone applications to the Board. The development of Social and Community plans by Councils, and legislative obligations in reporting of these plans to the Local Government Department may ensure a closer liaison between Councils and Aboriginal communities through 1999. The Board will also be working with Local Government and the Local Government Association during 1999 across a number of areas. The obligation of Councils to be aware of and observe Local Government Department guidelines with reference, in particular, to local liquor outlet locations, size of Alcohol Free Zone and special events, will form part of those discussions. Implementation status Not implemented Continued reporting
Laws relating to the public consumption of alcohol That:
(b) the Governments give consideration to taking similar action in respect of laws operating within their jurisdictions designed to deal with the public consumption of alcohol. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Attorney General’s Department – Anti-Discrimination Board Implementation report Under the Local Government (Street Drinking) Amendment Act 1993, applications for dry areas by Councils with a significant Indigenous population are required to be vetted by the Anti-Discrimination Board. Other councils may consult the Board if they wish. The Board’s continuing experience is that little proper consultation takes place between local councils and the local Aboriginal communities before the councils approach the Board. The Board does not have sufficient resources to undertake research on the impact of the application or renewal of dry areas, or alleged discriminatory policing practices with respect to public drunkenness. There is no knowledge of any other body undertaking this specific type of research. The Board consults regularly with the NSW Police Service on a number of policing matters with respect to anti-discrimination. The methods of police with regard to the NSW Police Community Policing policy may be able to be incorporated into those discussions. Implementation status Partially implemented Continued reporting |
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