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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
The Council is currently involved in a number of initiatives including:
2.3 POLICE/ABORIGINAL RELATIONS 2.3.1 Background Improved relations between Indigenous people and police is critical if the number of Indigenous people in custody is to be reduced. Decisions that police make, for example about whether to arrest a person, and the manner in which they treat Aboriginal and Torres Strait Islander people are important. These decisions and the behaviour of police will be influenced by the quality of relations between Aboriginal people and the police in the community. Improving relationships through greater cultural understanding and consultation with local communities is recognised as a key strategy for reducing the risk of Aboriginal people being taken into custody. 2.3.2 The Aboriginal Policy Statement and Strategic Plan During 1998 the Aboriginal Policy Statement and Strategic Plan was implemented in ten Local Area Commands. In each of these Commands joint consultative forums were held. Police and members of the local Aboriginal community met to determine agreed priorities and strategies and to develop a Joint Action Plan. The objectives set out in the Aboriginal Policy Statement and the Strategic Plan guide the development of the local Joint Action Plans. One of these objectives is to minimise entry of Aboriginal people into the criminal justice system. Another is to reduce the number of Aboriginal people in police custody. A further ten Local Area Commands will begin implementation in 1999. Local Area Commands are required to submit quarterly implementation progress reports. Progress will be monitored by the Operational Programs Branch within the Service, and by the Regional and Executive Aboriginal Consultative groups. A collaborative arrangement has been developed between the Service, the Ombudsman’s Office and the Institute of Criminology “to independently evaluate the outcomes of the Plan in terms of its implementation and administration at both Corporate and local command levels.” Investigators attached to this evaluation are currently accessing information from both the Service and the community, and it is anticipated that a preliminary report will be delivered in the second half of 1999. 2.3.3 Other Initiatives Police Aboriginal Support Groups Members of Police Aboriginal Support Groups consist of local Aboriginal volunteers who provide twenty four hour support and assistance to Aboriginal people who have been arrested or detained. These voluntary support groups have proven to be effective in supporting Aboriginal people who come into contact with police. They have also been instrumental in improving the Police Service’s understanding of the Aboriginal perspective of police procedures and generally raising cultural awareness and contact with the local community. Police Aboriginal Support Groups have been established in the Greater Hume Region, at Macquarie Fields, Campbelltown and Liverpool Local Area Commands. Liaison with Young People The Service’s Youth Issues Working Party has identified Aboriginal youth issues for special consideration. This group has representatives from policy areas, the Police Community Youth Clubs as well as operational police including Youth Liaison Officers. The Working Party has a significant role in ensuring that Aboriginal people are aware of and understand the provisions of the Young Offenders Act 1997. Consideration is currently being given to the establishment of Youth Support Groups modelled on the Greater Hume Police Aboriginal Support Group. The Service now has specialist Youth Liaison Officers and Community Safety Officers active in all 80 Local Area Commands. The work of these officers is directed at reducing offending behaviour, eliminating opportunities to offend and generally making the delivery of policing services more responsive to the needs of the local community and environment. Support for further involvement of Youth Liaison Officers in educational and recreational programs involving young Aboriginal people was evident in a number of the Joint Action Plans developed under Phase One of implementation of the Aboriginal Policy Statement and Strategic Plan. There are a number of local programs in place that are designed to reduce the risk of young Aboriginal people offending and to improve relationships with local police. Examples of such programs are the Blue Reelers and Streetbeat programs. Aboriginal Community Liaison Officers (ACLOs) There are now 55 Aboriginal Community Liaison Officers (ACLOs) employed in 38 locations across the State. Their main role is to improve communication and co-operation between Police and Aboriginal communities by establishing networks and maintaining rapport with local Aboriginal Elders and leaders. They also have a role in improving cultural awareness among local police so that inappropriate detention of Aboriginal people is reduced. The Service has recognised that the low percentage of female ACLOs may discourage Aboriginal women coming forward to report crime or provide information to police, particularly with respect to domestic violence and sexual assault. To overcome the problem, the Service has commenced a promotional campaign for Aboriginal women to encourage them to consider a career as an ACLO. Aboriginal women employed by the Service have held workshops in Aboriginal communities to promote the roles and responsibilities of ACLOs. During 1998 workshops were held in Kempsey and Taree to encourage Aboriginal females to enter the Service in sworn and unsworn positions. Police Training The NSW Police Service has established a Legal and Societal Studies Unit at the Police Academy, Goulburn. An Aboriginal Lecturer and Education Officer is employed in the Unit. The Unit is responsible for developing and delivering the Aboriginal cross-cultural component into every appropriate course run by the Academy, both on campus and at the patrol level. The School works with Local Area Command’s Education and Development Officers on the development and delivery of cross-cultural packages at patrols. Presentations are adapted to reflect the history and current state of police/Aboriginal relations within the area. An important element of the packages is the input and involvement of local Aboriginal people, if they are willing. The Police Academy has developed the following courses, or modules within courses, aimed at improving cultural understanding of Aboriginal people: Constable Education Program; Aboriginal Cultural Awareness Course; Domestic Violence Course; Aboriginal Community Liaison Officer’s Course; Safe Custody Course; Detectives’ Education Program; and Rejoinees Course. 2.4 CRIME PREVENTION 2.4.1 Background The Crime Prevention Division of the Attorney General’s Department was formed in May 1996 as an initiative of the NSW Government’s Premier’s Council on Crime Prevention. The Division emerged from the Juvenile Crime Prevention Division formed in February 1995. The Division acts as an advocacy body to argue for and build partnerships for the promotion of crime prevention strategies. It is also responsible for establishing a co-ordinated and integrated approach to crime prevention between government, community and private sector agencies. The Division provides policy advice to the NSW Government and funding through the Safer Communities Development Fund. The funding is to support a range of projects and programs to assist communities to reduce crime and anti-social behaviour, and to promote community safety. 2.4.2 Crime Prevention Initiatives for Indigenous People and their Communities Indigenous Communities Crime and anti-social behaviour result from a combination of factors peculiar to individual communities. Consequently, the community and its agencies are best placed to identify the problems and issues which need to be addressed, and the strategies which need to be implemented to reduce crime in that community. This applies particularly to Indigenous communities. Many people in Indigenous communities are at risk of experiencing high levels of crime because they continue to face health, social and economic problems including unemployment, low levels of education and training, poor housing, dispossession and alienation. The communities themselves are most likely to understand the measures that can be introduced and supported to reduce or eliminate those risks for their community. The Division has provided funding to a number of Indigenous community organisations for projects aimed at strengthening their community and providing opportunities for at risk community members to avoid or eschew involvement in crime. As well, the Division works with local government to develop crime prevention plans and strategies which can promote safety and reduce crime for the whole of the shire or municipality. In local government areas where there is a significant Indigenous population, the Division requires that lead agencies involve (not just consult) Indigenous community organisations at all stages of crime prevention planning and implementation. While it is not always possible in the context of local crime prevention planning to apply the principle of self-determination to Indigenous communities, the Division seeks to ensure that the particular needs, circumstances, resources and aspirations of Indigenous communities are embedded into local crime prevention planning and activities. Safer Communities Development Fund The Crime Prevention Division allocates $1.15 million per annum through the Safer Communities Development Fund as non-recurrent grants for a range of activities aimed at preventing crime. Four types of grants are available under the Fund:
Although funds are provided for non-recurrent activities, most of the projects funded have a time frame extending over more than one year, and thus very few are at the stage where there are clear project outcomes. Funding processes Within resource constraints, staff have taken special steps to inform Indigenous community groups not only about funding programs and project development, but also to ensure that Indigenous communities are actively involved in the development and implementation of projects conducted by local government under the terms of the Children (Protection and Parental Responsibility) Act 1997. Division staff are available to assist organisations experiencing difficulty in fulfilling the terms of their funding agreements with the Division. However the Division’s resource constraints mean that by and large this response has to be reactive. All projects funded under the Safer Communities Development Fund are required to have an evaluation component. The Division is able to assist organisations to develop appropriate and effective evaluation methodology. In addition, the Division sets aside funding for the independent evaluation of projects which may have a demonstration or pilot function, which are particularly innovative, or which in the Division’s view can add significantly to crime prevention knowledge. The Night Patrols project for example is being evaluated by the Centre for Peace and Conflict Studies and the Koori Centre at Sydney University, ensuring Indigenous input to the evaluation. Projects which have a specific relevance to the Report on Aboriginal Deaths in Custody are: 1. Coffs Harbour Aboriginal Family Community Care Centre: Cultural and Heritage Education Camping Trips, Funds granted: $27,205.60. This project sought to reduce the level of crime in the local community by providing young Koori people with knowledge of their own culture and support services through a series of educational programs, cultural sessions and recreational activities. 2. Bolloway Community Services Aboriginal Corporation: Employment of an Aboriginal Community Liaison Officer, Funds granted: $9,900.00. The Bolloway Community Services Aboriginal Corporation obtained funds from ATSIC to establish an Aboriginal Juvenile Cultural Revival Centre. The aim of the Centre was to address the educational, vocational, cultural and social difficulties faced by young Aboriginal people who are at risk of offending or who have already had minor involvement with the juvenile justice system. This Innovative Grant provided funds to employ a temporary Juvenile Liaison Officer to develop preventative workshops with Aboriginal and juvenile services in the Eurobodalla shire. The officer also liaised with local Koori communities to assist the Management Committee in planning and organising the referral, acceptance and participation of Koori juveniles who may be using the Centre. While the Eurobodalla Shire Council refused a development application to establish the Cultural Revival Centre, the aims of employing a Juvenile Liaison Officer were realised. 3. South Sydney Youth Services: Koori Justice Program, Funds granted: $127,316.00. This project was developed in recognition of the lack of appropriate support and counselling services for Aboriginal people who have experienced grief and loss from death. The project, which will involve a series of narrative therapy workshops, will target Aboriginal young people who are at risk of offending or are offending because of family dysfunction, due primarily to death within the family. The overall aim of the program is to have some impact on reducing the number of Aboriginal young people in custody. 4. Coonamble Neighbourhood Centre: Child, Youth and Family Radio Services, Funds granted: $70,492.00. The project involves the establishment of a Child, Youth and Family Radio Service within the local communities of Coonamble, Gulargambone and surrounds. The idea is to reduce child neglect and juvenile delinquency by improving access to information for families where literacy, social and geographic isolation and cultural marginalisation are barriers. The radio service, which will have Aboriginal presenters and will involve young people and their families. The content will include information about positive parenting and the availability of government and community services. A model will be developed and documented for reducing child neglect and delinquency through local community action, communication and inter-action in rural areas of New South Wales. In addition to promoting positive parenting, it is anticipated that involvement in the project will provide communication, administration and interpersonal skills for participants, improving their chances of future employment. 5. Aboriginal Night Patrols, Funds granted: $15 500.00 each. Night Patrols involve the co-ordination of local volunteers who pick up people “at risk” from public places and accompany or transport them to a safe place. Night Patrols:
Under the Safer Communities Development Fund, the Attorney General’s Department in collaboration with the Department of Aboriginal Affairs, the NSW Police Service, the Department of Juvenile Justice and the Department of Community Services funded four pilot Aboriginal Night Patrol projects for a period of one year. Grants were made to:
Further funds were allocated to engage a suitable agency to support and evaluate the project. The timetable for this evaluation was 15 months from the award of the grant in May 1998. Many Aboriginal communities have reported that Night Patrols have had a positive effect in reducing juvenile crime. 9. Centre For Peace And Conflict Studies/The Koori Centre (University Of Sydney); Aboriginal Night Patrol Support and Evaluation, Funds granted: $68,751.00. The Centre for Peace and Conflict Studies is a research and teaching centre focusing on social justice issues. The Koori Centre provides a range of support, teaching and research activities for Aboriginal and Torres Strait Islander students and communities. The two bodies were funded in partnership to support and evaluate the four Aboriginal Night Patrols. As there is limited documentation concerning Night Patrols, the two main objectives of the project will be:
The two organisations provide support for the screening and co-ordination of volunteers, standard record keeping procedures, adaptation of night patrol guidelines and procedures and identification of potential funding sources. The evaluation will explore:
Teaching materials highlighting the opportunities for, and barriers to, the development of successful Night Patrols will also be developed. 10. Lismore City Council: Safer Towns and Cities Project, Funds granted: $118,773.00 over 2 years. The Lismore area has the highest unemployment rate in New South Wales and a large number of residents are from a low socio-economic bracket. Lack of money prevents many young people from using commercial entertainment venues. There are few public amenities and there is no designated youth centre. Consequently, a large number of young people are attracted to the Central Business District as a means of socialising and self expression without parental control. The Safer Towns and Cities Project in Lismore works with the community in a holistic way to address local priority issues. A Crime Prevention Development Officer has been employed to manage the project. This officer will facilitate a team approach to development of the Safer Community Compact within the community so that the community will assume ownership of the project once the officer’s term of appointment expires. 11. Narrandera Shire Council: Safer Towns and Cities Project, Funds granted: $118,000 over 2 years. This project proposal was developed in response to increasing community concerns about street violence, vandalism, robbery and associated criminal activity. Its aim is to foster co-operation between a number of local agencies such as Police, Department of Community Services, Health Department and the Riverina Aboriginal Sports Council in the development of strategies to prevent crime. The grant will fund the appointment of a Project Officer who will be responsible for the co-ordination, development, implementation and evaluation of the project. 12. Wellington Council: Safer Towns and Cities Project, Funds granted: $120,000 over 2 years. Since its establishment in January 1998, the Wellington Law and Order Committee has been examining local law and order problems. Issues such as unemployment, poor literacy and numeracy skills, drug addiction and lack of parental control have been identified as major causes of juvenile crime in the area. The Wellington Safer Towns and Cities Project will target people identified as participating in, or affected by, local crime. This includes young people, people dependent on drugs, ex-prisoners, older people and people who are unemployed. It will involve close scrutiny of current policing practices and court processes, and endeavour to become more pro-active in regard to law and order issues. Evaluation of this project will be through performance measures and benchmarks in major areas of concern identified through community surveys. It is anticipated that these will include programs targeting unemployment and revised policing programs. 13. Miyay Birray Youth Service Inc: Streetbeat Project, Funds granted: $65,434.06. Miyay Birray is a community based youth service which targets Aboriginal and non-Aboriginal youth at risk in the Moree area. The service provides young people with:
The Streetbeat Project provides a specialist youth worker and a youth transport service on the streets of Moree to address issues involving young people up to the age of 18 on the streets at night. The project will also provide an emergency contact point for police who have to place young people (removed under the Children (Protection and Parental Responsibility) Act 1997 with an “approved person”) and assist in the transport of young people who must be returned home under that Act. 14. Ballina District Community Services Association: Streetbeat Project, Funds granted: $68,943.80. Members of the Ballina Crime Prevention Committee include the Mayor, youth workers, police, young people, Aboriginal and non-Aboriginal community representatives and relevant government agency representatives. The Committee has developed a Crime Prevention Plan designed to prevent crime and respond to community perceptions of crime. The Streetbeat Project funds an after hours Street Youth Worker with the Ballina District Community Services Association. The position holder will work closely with police, parents, welfare organisations, local businesses and local government and community services. The main aim of the project is to engage young people from a range of backgrounds via relationship building, risk management, crisis intervention, police liaison, advocacy and referral. Streetbeat workers and volunteers will be recruited as approved persons under the Children (Protection and Parental Responsibility) Act 1997. 2.4.3 Police and Crime Prevention Police are involved in developing and implementing crime prevention programs. Arrest statistics are produced monthly and are made available to the public through reports prepared by the NSW Bureau of Crime Statistics and Research. However, the measure of efficiency is the net reduction in criminal activity in an area, not the number of arrests made. Detention in custody remains an act of last resort. The Service has continued to support alternatives to arrest and diversionary programs that minimise contact with the criminal justice system. 2.4.4 Department of Community Services The Department of Community Services is piloting camps for rural and remote young people, particularly in the Orana Far West area of New South Wales. The Motivation, Education, Recreation, Cultural and Youth (MERCY) Camps are designed and delivered by Aboriginal people and seek to address the social problems that perpetuate low school retention rates and criminal behaviour. This project is an attempt to foster and encourage reconciliation, and provide the means for Aboriginal young people to regain their self-esteem and cultural pride. 2.4.5 Drug and Alcohol Related Crime Prevention Programs Drunkenness ceased to be a criminal offence in New South Wales with the introduction of the Intoxicated Persons Act 1979. However, although drunkenness is not an offence, it increases the likelihood that a person will cause harm to themselves or others, or will commit offences. A number of initiatives are being implemented across the State to prevent drug and alcohol related crime or harm, in a way that does not involve people being detained in police custody. Streetbeat Projects The Streetbeat Projects have continued to operate throughout 1998. In the communities where they operate, the projects provide transport to young Aboriginal people at risk of alcohol and drug related harm, and facilitate access to culturally relevant sources of support, treatment and other assistance. One of the projects is to divert young people from situations with a high probability of contact with police and the criminal justice system. Proclaimed Places Under the Intoxicated Persons Act 1979, an intoxicated person may not be taken to a police station unless:
If these conditions are not satisfied an intoxicated person may only be taken to a police station temporarily for the purpose of ascertaining whether there is another available proclaimed place in which the intoxicated person may be detained. Where a proclaimed place exists, the number of persons detained at police stations under the Intoxicated Persons Act 1979 is minimal. In all other areas, particularly rural areas, strong anecdotal evidence suggests that large numbers of intoxicated persons, particularly Aboriginal persons, are conveyed to their homes by police, Aboriginal Community Liaison Officers and Night Patrol members every week. In conjunction with the Attorney General’s Department, the police have provided four vehicles and drivers for use in Dareton, Narrandera, Forster and Kempsey to assist local Aboriginal communities to transport Aboriginal juveniles and adults home or to a safe house when the need arises. Adolescent Alcohol and Other Drug Residential Treatment Services Under the Alcohol and other Drugs (AOD) Family Worker Project, the Department of Juvenile Justice funds the employment of family therapists at three organisations which provide residential treatment services in Sydney for adolescents with alcohol and other drug dependencies. The Ted Noffs Foundation operates the PALM program which is a three month detoxification, rehabilitation and skills acquisition program. Youth Off the Streets Incorporated manages Dunlea at Marylands which provides a two week detoxification program and the Mt Druitt Hospital and Community Health Service provide a two week detoxification program at Dunsmore House in Rooty Hill. The project aims to reduce drug related offending and decrease harmful drug use by strengthening existing family and/or social support networks, and assisting young people and their families gain appropriate education and skills. The AOD family therapists work with young people whose offending behaviour has been related to problematic use of alcohol and other drugs and their families. The service is offered primarily to clients of the Department of Juvenile Justice and their families. The project helps young people progress from AOD specialist residential services to generalist youth support services and provides an after care program following completion of the residential component of the young person’s individual rehabilitation plan. Total funding for the Alcohol and Other Drugs Family Worker Project for 1997-98 amounted to $228,000. Rural Post Release Support Since 1996, funding has been granted to several community organisations through the Rural Voluntary Post Release Support Program. The program aims to re-establish young offenders’ bonds with their community and to foster a sense of responsibility to society. In 1996-97, 157 young people, including an estimated 40 Indigenous young people participated in the rural post release support program in the following locations:
Metropolitan Post Release Support South West Youth Links (Campbelltown) which is run by Mission Australia provides post release advocacy and support for young people released from custody (including those on conditional release) and who return to the Campbelltown, Camden, Wollondilly or Liverpool area. Mission Australia receives funding of $30,000 per annum. South Sydney Youth Services Juvenile Justice Program principally targets two groups:
Participants are usually young people who live within the South Sydney Municipality with an emphasis on Aboriginal youth and youth from a non-English speaking background. The program has three core components: early intervention and crime prevention; court support; and post release support. The program receives $68,400 per annum from the Department. Accommodation Support Programs Wollongong City Mission receives $75,919 per annum from the Department of Juvenile Justice to operate the Youth Transitional Accommodation Project. The project employs a Housing Support Worker. Five houses are available to accommodate up to 13 juvenile offenders including those recently released from custody. A second worker is employed in the service’s crisis/medium term refuge to provide transitory support to young offenders prior to their entering the houses. Juvenile justice clients are given priority for participation and young female offenders with infants may participate. Triple Care Farm is an accommodation and training program run by Sydney City Mission for homeless and disadvantaged youth, including juvenile justice clients. Triple Care Farm gives the opportunity for each client to concentrate on a broad range of life and job skills. The program addresses key issues for troubled youth within a residential setting. Clients undertake a three month residential program and six months after care support is provided. Sydney City Mission receives $42,315 per annum from the Department towards the running costs of the Triple Care Farm. The Department funds Marist Community Services in western Sydney to run Project Re-Connect for juvenile offenders who are considered difficult to place. The aim of the program is to reduce offending by providing support to those young people at highest risk of placement breakdown and thus at increased risk of resuming a criminal lifestyle. The Department provided funding of $76,240 in 1998-99. Marist Community Services has recently employed an Accommodation Support Worker to provide one-to-one support for clients, assist in client placements; provide the Department with an avenue for consulting with local accommodation service providers; and help identify gaps in service provision for the client group. The Joint Tenancy Assistance Program provides semi-supported accommodation for clients who are considered capable of living independently. This accommodation consists of readily accessible, affordable, private and self contained units, but with ongoing support provided. The program’s aim is to lead to permanent, independent housing support by securing crisis accommodation for difficult to place clients. The units are located in the inner west of Sydney and provide accommodation and support for juvenile offenders from the City East and Central Coast areas. Young people involved in the program are those with accommodation difficulties or who are homeless, and are assessed as “at risk” of re-offending. The program is a joint initiative between the Department of Juvenile Justice, Department of Housing (DOH), Centacare and the South West and Inner Sydney Housing Co-operative (SWISH). The Department of Housing leases a maximum of six suitable one and two bedroom units to the Department of Juvenile Justice. Centacare employs two Accommodation Support Workers to assist and support clients, and SWISH acts as the housing manager on a fee-for-service basis. The program commenced in September 1997. Its 1998-99 budget is $117,193,000. The Department of Juvenile Justice provides small, one-off grants to community organisations under the Local Offender Program. These grants assist community organisations to provide specific activities and services for juvenile offenders. In 1997-98 the Department approved 22 grants at a total cost of $21,834. Organisations located at Wilcannia, Orange and Wagga Wagga received grants under this program. 2.5 Bail 2.5.1 Changes to the Bail Act 1978 Providing rapid and appropriate bail determinations is a strategy used by the Police Service to reduce the number of people going into police custody. Changes to the Bail Act 1978 came into effect on 11 December 1998. These changes include:
These amendments ensure that detainees are made aware of the provisions of the Bail Act 1978 and that there is a right of review immediately available should a person be refused bail by a police officer. In the past, a person refused bail could only seek review by a judicial officer. If the person was charged outside usual court sitting times, the person had to be detained in custody until the next sitting of the court. The new provisions represent another mechanism to ensure that Aboriginal people are not inappropriately detained in custody. The Police Service Handbook encourages the use of Court Attendance Notices (CAN) for all persons who would have been charged and given unconditional bail. Although CAN usage has increased dramatically in all areas, the percentage of persons bailed (conditionally) immediately after charge has not been affected. By December 1998, the Service’s Charge Management System was fully operational throughout the State. This provides up to date information on the numbers of people who receive bail. 2.5.2 Alternatives to Bail Background Aboriginal juveniles continue to be denied bail due to their homelessness or lack of access to suitable care. The Department of Juvenile Justice’s bail hostel programs provide positive adult role models and promote alternatives to offending behaviour. Community involvement is also integral to these programs. Both bail hostel programs are operated and managed by incorporated community organisations and are responsible to a management committee, with local representation. The Department has provided extensive training and assistance to the staff and further training will be provided on the advice of the management committees. Safehaven Alternative Placement Program The Department of Juvenile Justice funds the Safehaven Alternative Placement Program to assist Aboriginal young people who have committed minor offences and are likely to be refused bail on the basis of homelessness or lack of suitable accommodation. Support carers within Aboriginal communities provide Aboriginal juveniles with a safe and caring environment when they are unable to remain in or return to their own families. Wherever possible, juveniles are placed with members of their extended family. Training and support are provided to carers to ensure that they are equipped to deal with issues as they arise. An allowance is paid to carers to accommodate, support and meet the daily needs of the young person. An additional one-off allowance for clothing and other incidentals is available on a needs basis. Following successful trials in 1996-97 in Wagga Wagga, Queanbeyan, Yass and Goulburn, the Safehaven Program is being expanded in 1997-98 to Deniliquin, Bega, Cooma and Dubbo. Estimated expenditure for 1996-97 was $40,000. Ja-Biah Bail Support Program The Department of Juvenile Justice also funds the Ja-Biah Bail Support Program run by Mundarra Aboriginal Youth Services. This commenced operation in February 1997 and is currently based at Dean Park in Sydney’s west. Ja-Biah provides a 24-hour, seven day a week residential care program for up to six Aboriginal young people. The program is designed to provide an acceptable alternative option for Aboriginal young people on remand, which maintains their links with the community and addresses their cultural, social, educational and health needs. It assists Aboriginal young people to access culturally appropriate services in areas such as counselling, health, education, vocational opportunities, recreation and living skills. Admission to the program is via the courts and Juvenile Justice Community Services. 2.6 LEGAL REPRESENTATION 2.6.1 Legal Aid Commission Overview The Legal Aid Commission provides legal aid in criminal indictable and local court criminal matters to all eligible persons, including Aboriginal and Torres Strait Islander persons, subject to a means test. Legal aid is also available for criminal appeals subject to means and merit tests. The Commission addresses the issue of incarceration pending trial by providing aid for bail applications. Aid for first appearance bail applications in the Local Court is not subject to a means test. Aboriginal Clients In 1997-98, 4.6% of clients granted legal aid for criminal matters were Aboriginal or Torres Strait Islander people. This is a slight decrease on the 1996-97 figures when 5.0% were Aboriginal or Torres Strait Islander people. However, the corresponding percentages for 1993-94 and 1994-95 were 3.3% and 3.8% respectively, indicating an upward trend in assistance provided by the Commission to Indigenous people in criminal matters. This trend probably reflects the Commission’s access and equity initiatives such as community legal education (CLE) programs targeted at Aboriginal communities, and the use of Aboriginal colours and plain English in key publications. The trend also reflects the success of the refocussed Aboriginal Legal Service initiatives which ATSIC has now put in place across the State. Prisoners Legal Service The Prisoners Legal Service (PLS) continues to provide a high level of representation to detainees, many of whom are Aboriginal or Torres Strait Islander people. The PLS provides free legal advice in many areas of law, minor assistance with matters including classification, administrative and transfer problems, and complaints to the Department of Corrective Services. The PLS also provides representation at Visiting Justice hearings, Offenders Review Board hearings, for life re-sentencing applications, and at review of Segregation Directions. Children’s Legal Service In October 1997 the Commission expanded its Children’s Legal Service (CLS) in juvenile justice matters. The CLS provides representation and advice to children in criminal matters. CLS solicitors also regularly visit Juvenile Justice Centres in New South Wales representing children in parole hearings and weekend bail applications. A primary goal of the extended service is to ensure that, wherever possible, children have the same solicitor throughout the entire court process. In 1997-98, 6.1% of clients of the CLS were Aboriginal and Torres Strait Islander young people, down from 9.0% in 1996-97. Continuing Education During 1997-98 the Commission continued to raise awareness of Legal Aid services among Aboriginal communities. Six Continuing Legal Education workshops were held for Aboriginal communities in New South Wales. In the year under review a Commission criminal lawyer conducted a community education session for Aboriginal liaison officers working in Local Courts, providing training in making appropriate referrals and Legal Aid policies. Community Legal Centres The Commission continued to advise and assist Wirringa Baiya Aboriginal Women’s Legal Centre at Stanmore through its first full year of operations. A Commission employee is on the Centre’s management committee. The State Government provides recurrent funding of $200,000 per annum for this Centre, which is administered by the Commission through its Community Legal Centre Funding Program. Other centres funded by the State Government through this program also provide significant services to Aboriginal people. Notably, the Women’s Legal Resources Centre, which is funded by the Commonwealth and State Governments, runs an Indigenous Women’s Program providing community legal education and outreach advice services to Aboriginal women. The Centre also contributes to law reform debates on issues that are of particular concern to Aboriginal women. 2.6.2 Public Defenders Overview Public Defenders are legal practitioners appointed as independent statutory officers under the Public Defenders Act 1995. Currently all Public Defenders practice as barristers. Their principal brief is to appear in the superior courts on behalf of legally aided clients who have been charged with indictable offences. A Public Defender’s practice may see him or her in the District Court, the Court of Criminal Appeal or the High Court of Australia arguing important legal principles. Currently there are 22 Public Defenders, including five females. While Public Defenders advise and represent indigent persons who have been granted legal aid by the Legal Aid Commission of New South Wales, the instructing solicitors may be from the Legal Aid Commission or private practice. For two years Aboriginal Legal Services (ALS) have been able to Public Defenders to appear for their clients. Achievements The Public Defenders Office have dedicated two Acting Public Defenders to accept ALS briefs. Other Defenders also appear for Aboriginal clients. In all 139 briefs for Aboriginal clients were accepted during 1998. Of these 32 came from the Legal Aid Commission and 107 from various Aboriginal Legal Services throughout the State. While a small number of these appearances were before the Court of Criminal Appeal, the majority of appearance work was in regional District Courts. This substantial effort has been achieved through the co-operation of ATSIC and the Attorney General’s Department. Public Defenders appearances in Bourke, Coonamble, Deniliquin, Dubbo, Moree and other regional centres increased during 1998. These centres have significant numbers of Indigenous persons facing trials in which the Public Defenders are now appearing. In all, court appearances numbered in excess of 420 briefs – although not all of these were for Indigenous persons. As a condition of ATSIC funding, the Public Defenders are required to account to ATSIC for the appearance and advice work undertaken by the Public Defenders during 1998. Funding for the Higher Courts project will continue during 1999. Consequently the Public Defenders will continue to maintain the services of the two Acting Public Defenders dedicated to ALS work. 2.7 ALTERNATIVES TO CRIMINAL CHARGES 2.7.1 Young Offenders Act 1997 On 6 April 1998, the Young Offenders Act 1997 came into effect. The Act aims to provide a more appropriate response to youth offending by ensuring criminal proceedings are not commenced against a child if there is an alternative and more appropriate means of dealing with the offence. Alternative interventions include cautions and youth justice conferences. The Act recognises that the child’s family and community, together with victims of crime committed by children and young people should play a part in responding to, and holding young people responsible for, their behaviour. Where a caution is considered the best option for a young person and the young person agrees to be cautioned, the Act allows for the caution to be given by a respected member of the community. For example, where the young person is a member of an Aboriginal community, a respected member of the community, usually an elder, may be invited to give the caution. Some Local Area Commands, working closely with local Aboriginal community members, have established a pool of Aboriginal Elders who are available to give cautions. The Act allows for members of a child’s family including extended family or a respected member of the community chosen by the young person to be present during a caution. Youth justice conferences are designed to facilitate the full participation of the child’s family (including extended family), community and the victims of crime in the determination of an appropriate outcome plan. Sixteen conference administrators have been appointed statewide. The positions at Armidale, Kempsey and Dubbo are identified as Aboriginal and Torres Strait Islander positions. All conference administrators are responsible for recruiting, selecting, training and managing conference convenors. Convenors organise and facilitate a conference after extensive liaison with the young person, their family (including extended family), the community, victims and the police. There are currently 27 Aboriginal convenors out of a total of approximately 350 convenors who have been recruited, trained and accredited to facilitate conferences. An additional 20 identified Aboriginal candidates have now been approved to undertake training as convenors. Conference administrators also maintain regular contact with Aboriginal communities to promote conferences as an appropriate consultative pre-court diversionary mechanism and to discuss any issues relating to the operation of the scheme. The Youth Justice Advisory Committee is responsible for monitoring and evaluating of the Act. The Department of Aboriginal Affairs and the Aboriginal Justice Advisory Council are both represented on this committee which regularly enquires as to the number of young Aboriginal people who attend conferences and the support in terms of family/extended family they receive. The Police Service is monitoring the use of the Act by operational police. Since December 1999, a new data base has been in place and contains a wider range of statistics, including summonses. Youth Justice Conferencing is to be evaluated after three years of operation. Steps are now being taken to ensure a full and independent evaluation of the operation of the scheme under the Act, as required by its terms. 2.8 DIRECTOR OF PUBLIC PROSECUTIONS 2.8.1 Aboriginal Project In 1996 the Office of the Director of Public Prosecutions (ODPP) launched a three month project to examine the responsibility and practices of the ODPP in addressing the needs of Aboriginal victims of crime, witnesses and accused persons involved in ODPP managed proceedings. The main objectives of the project were to:
The findings of the project resulted in a number of key recommendations to address the needs of Aboriginal victims and witnesses involved in ODPP managed proceedings. Other recommendations related to ODPP’s role in the criminal justice system as it relates to the Aboriginal community broadly. One of the main recommendations was to set up an Aboriginal Programs Unit in order to:
In January 1998, a position of Aboriginal Liaison Project Officer (ALPO) was established and filled. This officer has many responsibilities including the recruitment of Aboriginal and Torres Strait Islander people within the ODPP, cross-cultural training of staff and meeting the needs of Aboriginal witnesses and victims, particularly Aboriginal children. 2.8.2 Aboriginal Victim Access to Justice Workshops Specific steps undertaken by ODPP in order to address the needs of Aboriginal victims, witnesses and the Aboriginal community in general include the Aboriginal Victim Access to Justice Workshops. The Workshops were developed by conducting a number of pilot workshops within various Aboriginal communities. This approach was to ensure that each workshop would be structured in a way that correlated with the needs of each local community, thus ensuring that they were culturally appropriate. Over the past 12 months the ODPP has conducted 13 workshops throughout New South Wales Aboriginal communities. The "Aboriginal Victim Access to Justice” workshop was developed because of the difficulties associated with the employment of Aboriginal Support Officers and the rejection of an application for Commonwealth funding for the Aboriginal Employment Strategy. The workshops present the following information to Aboriginal community members:
Information packages were also distributed to each participant at these workshops. These packages include information concerning Office literature, notes on the role and function of the Office, contact numbers for each Office, mechanisms of complaint, sample subpoenas and court preparation material. Workshops and evaluations were conducted in: Nowra, Narooma, Wollongong, Dubbo, Tranby College Sydney, Bourke/Brewarrina, Moree, Lismore, Grafton, Wellington. The evaluation results will be published in the Aboriginal Needs Project and The ODPP’s Response Report, which is expected to be published late June, early July, 1999. Overall feedback from these workshops reveals a desperate need for the distribution of information concerning the criminal justice system and the role of the ODPP throughout New South Wales Aboriginal communities, particularly within isolated rural areas of New South Wales, such as Broken Hill, Walgett, Moree and Menindee. The evaluation feedback from these workshops will be seriously considered in future programs and policy initiatives targeting the needs of Aboriginal victims, witnesses and accused. 2.8.3 Aboriginal Victims of Domestic Violence and Sexual Assault The ODPP is working towards tackling the underlying issues that contribute to the high Indigenous incarceration rates of juvenile offenders. In prosecuting proceedings, whenever Aboriginal women appear as witnesses it is usually in the context of their having been victims of domestic violence and/or sexual assault. The tradition of “women’s business” influences the outcome of these proceedings. The ODPP’s officers are made aware through cultural awareness training that this tradition remains very strong within both traditional and urban communities. This aspect of Aboriginal culture makes it difficult for Aboriginal female victims to discuss sensitive matters such as sexual assault with unsympathetic and mostly male officers. It is for these reasons the ALPO has developed a training package for ODPP lawyers and WAS officers on holding conferences with Aboriginal and Torres Strait Islander victims/witnesses and ways of overcoming communication barriers. An in-depth cross-cultural training course is being developed for WAS officers and lawyers (including information on Aboriginal referral networks) and training on fundamental Aboriginal issues for all staff, particularly on “women’s business” which is an important aspect of Aboriginal culture. On Wednesday 8 April 1998 a total of 17 female WAS Officers and ODPP trainers, the Sexual Assault Liaison Officer and a female Crown Prosecutor met with female Aboriginal Elders at Walllaga Lake to learn about aspects of Aboriginal culture, community and women’s business. They toured several women’s sacred sites on Saddle Mountain. Information was distributed to non-Aboriginal female officers prior to this meeting to explain the fundamentally different experiences of Aboriginal women compared to that of non-Aboriginal women. One of the Elders also took part in the cultural awareness session that was presented at the Crown Prosecutors Annual Conference on 6 April 1999. There were over 100 Crown Prosecutors in attendance at this Conference, including prominent guests speakers and the Director of Public Prosecutions. The ODPP has protocols in place that review domestic violence offences and inter-agency guidelines for child protection intervention. There are many more initiatives that the ODPP is currently working on in order to improve its response to the needs of Aboriginal victims and witnesses. These initiatives will be reported in the “Aboriginal Needs Project and The ODPP’s Response Report”. 2.9 THE COURTS 2.9.1 Background The courts can serve as a check on discriminatory policing (for example, by dismissing charges improperly laid by police officers). On the other hand, courts may also compound any discriminatory treatment received by Aboriginal and Torres Strait Islander people. The recent Judicial Commission Report into Sentencing Disparity and the Ethnicity of Juvenile Offenders provided evidence that Aboriginal and Torres Strait Islander young people are more severely dealt with by the courts than non-Indigenous young people. On the basis of the research sample, the report concluded that there are statistically significant differences in the penalties received by Aboriginal and Torres Strait Islander people and Anglo-Australians, and that the former group receive harsher penalties. Whilst the study did not reveal any differences between the number of custodial sentences imposed on Aboriginal and Torres Strait Islander young people compared with Anglo-Australian young people, Aboriginal and Torres Strait Islander young people were more likely to receive community service orders and supervised orders than Anglo-Australian young people. On the other hand, Anglo-Australians as a group were more likely to receive fines, a less severe penalty. The report urged members of the judiciary to examine their practices when sentencing juveniles and to be aware of any conscious or unconscious prejudices they may hold and of any tendency to stereotype offenders of a particular race. Recommendations were made in three general areas:
2.9.2 Judicial Education and Training Aboriginal Cultural Awareness Activities During 1997-98 the Judicial Commission conducted the following programs and seminars designed to increase cultural awareness among judicial officers:
Several articles have been published in the Judicial Officers’ Bulletin (JOB) and The Judicial Review including Community Based Sentencing of Aboriginal Offenders – Some Thoughts on the Canadian Experience – His Honour Judge Jeremy Nightingale (August 1997 JOB); and Aboriginal Juvenile Offenders in its Children’s Court Information Bulletin (May 1997). Another initiative undertaken jointly between the Judicial Commission and the Australian Institute of Judicial Administration (AIJA) was the organisation of a series of visits by judicial officers to Aboriginal communities in the state. These visits gave those judicial officers who attended the opportunity to enhance their understanding of the history and culture of Aboriginal society and provided a useful exchange of information and ideas on issues including cultural and language differences between members of the court and the Aboriginal community. Visits were made to Nowra, Katoomba, Gosford and La Perouse from May to August 1997. A final discussion took place in September 1997 at the Supreme Court of New South Wales where judicial officers and Aboriginal people came together to discuss the issues that had arisen and were of concern to members of both the judiciary and the Aboriginal communities. A follow-on to these Judicial Commission/AIJA visits was conducted by the Judicial Commission for New South Wales magistrates during their metropolitan and regional seminars in March and April 1998. All magistrates, in groups of approximately 20, participated in a one-day visit to one of the Aboriginal communities at Katoomba, La Perouse, or Yamba. 2.9.3 Local Courts Business Plan The Local Courts Business Plan for 1998-99 has identified “the delivery of a high quality client service which meets the needs of the broad range of Local Courts clients” as its key objective. One of the strategies within this framework is to identify “special needs” clients and develop initiatives to improve services in these areas. This strategy targets groups within the wider community who may be disadvantaged in accessing or effectively using court services or other avenues of legal information and assistance. The direction of the Local Courts Business Plan is to empower staff to develop client service strategies responsive to community needs. The provision of visiting and outreach services has generally been instigated by individual courts responding to an identified need in their local communities. Local Courts intends to build on these initiatives by developing a more co-ordinated outreach program which will be based on demographic data and consultation with key stakeholders. Outreach Services Staff in areas which have high Aboriginal populations understand that many Aboriginal people will be resistant to visiting a court. This means that victims of crime have been less able to obtain appropriate protection. “Failure to appear” rates can be high because defendants are often reluctant to approach the court for an adjournment or to explain why they could not attend court on a particular occasion. Clients with debt matters can find themselves dealing with more serious consequences or higher fees because they do not feel confident to seek information or assistance from the court. Court staff at Casino, Dubbo, Fairfield, Lake Cargelligo, Lismore, Nowra and Taree undertake a regular circuit of visits to Aboriginal communities in more remote or isolated areas outside these towns. Services are also provided at Aboriginal Health Centres or other Indigenous agencies within the towns or surrounding areas. While there is variation in the types of services needed in the various locations, the range of services provided by Local Courts includes:
Providing services within communities also overcomes transport difficulties and allows for support workers to be present to assist clients. One of the more positive aspects for court staff is that they become personally known to many individuals, including Elders and other leaders within the community and this provides encouragement to seek assistance from the court because there is a closer personal relationship. Fine Enforcement Initiative Local Courts are currently developing a joint protocol with the Sheriff’s Office in relation to debt matters. Representatives from each agency will undertake joint visits to communities to ensure that Aboriginal clients with debt matters are aware of alternative ways of paying their debt. This strategy is designed to ensure that clients do not face imprisonment or additional penalties as a consequence of non-payment. Aboriginal Court Liaison Officers have played a strong role in providing information to communities prior to and after the Fines Act 1996 came into operation and have given advice to the State Debt Recovery Office on improving communication with Aboriginal communities. As a result a targeted “plain English” pamphlet is currently being developed to explain the Fines Act 1996 and the options for payment of debts. Aboriginal Court Liaison Officers (ACLO) Local Courts has created specialist Aboriginal Court Liaison Officers, based at Nowra, Lismore, Dubbo and Blacktown. The role of the ACLO’s is to:
Local Courts has also created an additional sixteen “identified” Aboriginal positions across New South Wales, bringing Aboriginal staff numbers in Local Courts up to 3% of total staff establishment. Aboriginal Client Service Working Party Local Courts has formed an inter-departmental Aboriginal Client Service Working Party to review service delivery strategies to Aboriginal people and identify initiatives or programs which will improve service delivery to ATSI clients. Consultation Local Courts has representation on all the Regional Aboriginal Justice Advisory Councils through Regional Co-ordinators or their delegated officers. Regional Co-ordinators also actively participate in the Premier’s Department Regional Forums where issues such as enhanced co-ordination between government agencies in targeting and delivering services to Aboriginal communities are discussed. A recent example was the “sharing the vision” conference organised by the Bandjalung people in Northern NSW where representatives from all government agencies in the area attended to hear the views of Aboriginal community workers, agency staff and residents about how service delivery could be improved. Over the past year, all medium to large courts have been required to establish Court User Groups. Membership of the Groups is intended to reflect the profile of people who attend or use the service of the local court. Meetings of the Groups provide a forum where individuals or agencies can raise any concerns about service delivery. The forums are designed to encourage court staff and other stakeholders to develop strategies which address specific problems or trial initiatives which will improve client services. 2.10 SENTENCING 2.10.1 Sentencing Legislation In 1995, the Attorney General referred the reform of sentencing laws to the NSW Law Reform Commission. The Commission divided the review into three phases:
The final report for the first phase was released in April 1997. The Commission gave extensive consideration to non-custodial sentencing options including fines, home detention, periodic detention, community service orders and conferencing. It also considered whether the principle of imprisonment as a last resort should be incorporated into the Crimes Act 1900 but was of the view that a more effective measure would be to focus upon offenders likely to receive short sentences. One of the Commission’s recommendations was that judicial officers be required to provide reasons justifying a decision to impose a custodial sentence of 6 months or less. It is argued that this requirement, in conjunction with the common law principle of imprisonment as a last resort, will encourage judicial officers to impose non-custodial sentences for minor offences. The NSW Government is currently giving consideration to the implementation of a number of the recommendations from the NSW Law Reform Commission’s Report. The Commission is currently finishing a report specifically addressing sentencing issues as they relate to Aboriginal people as part of phase 2 of the review. This report will be released in the second half of 1999. 2.10.2 Keeping the Judiciary Informed of Sentencing Options In 1997 the Judicial Commission worked with the New South Wales Law Reform Commission to design and administer a survey of both District Court and Local Court judicial officers regarding the sentencing of Aboriginal offenders. The research department of the Judicial Commission worked with the Department of Juvenile Justice to produce a monograph reporting on an investigation of allegations of sentencing disparity in the Children’s Court in relation to offenders of Aboriginal and other non-English speaking backgrounds. This study arose out the report of the Royal Commission into Aboriginal Deaths in Custody which indicated that not only is an Aboriginal person twenty times more likely than a non-Aboriginal person to be taken into custody, but he or she is fifteen times more likely to be imprisoned. 2.11 ALTERNATIVE SENTENCING OPTIONS 2.11.1 Background The availability of alternatives to full time imprisonment plays a critical role in determining the numbers in custody. Probation provides an alternative to sending an offender to prison or a juvenile institution. Parole enables a person to be released under supervision prior to the completion of the maximum custodial sentence, with the custodial sentence being reactivated should the person breach parole conditions. The Probation and Parole Service of the Department of Corrective assists parolees to resettle into the community and avoid re-offending. The Service also assesses individuals and makes recommendations in relation to the granting of probation and parole, and supervises offenders undertaking these orders. The Probation and Parole Service consults with Aboriginal communities and agencies in relation to the implementation of new programs for Aboriginal offenders. Consultation is carried out at a local level between community groups and District Offices. A Co-ordinator, Policy and Projects, (Indigenous Offenders) has been appointed to the Service to develop consultative networks with Aboriginal communities and agencies and to facilitate contact between local communities and Probation and Parole District Offices. The Probation and Parole Service aims to form affiliations with Aboriginal communities to address offender developmental needs in the most culturally appropriate manner. It is recognised that there is a need to provide appropriate training and development for community organisations to enable them to assume responsibility for the provision of such services. Supervised good behaviour bonds, parole supervision and Community Service Orders (CSOs) are available to every Aboriginal client no matter how remote their location. Aboriginal offenders serving CSOs are placed with Aboriginal agencies wherever possible. Attendance Centres are an optional developmental component of CSOs but are not available in all areas. 2.11.2 Non-custodial Sentencing Options Although not a sentencing authority, the Department of Corrective Services has developed strategies in an attempt to offer realistic alternatives to Aboriginal communities and the sentencing authorities. Appropriate pre sentence investigation and a focus upon non-custodial sentencing options has been enhanced through the Probation and Parole Service’s Cultural Awareness Training program. The Probation and Parole Service is targeting District Offices with high Aboriginal offender case loads in order to develop culturally appropriate programs to be utilised within the non-custodial option range. The availability and appropriateness of Community Service Orders has been enhanced through the development of work placements with Aboriginal communities. Additionally, a number of Aboriginal offenders have been admitted to the Home Detention Program. Community Service Orders Community Service Orders (CSOs) are provided for in New South Wales legislation as a direct alternative to a custodial order for juvenile offenders. The Department arranges for Aboriginal juveniles to perform community service work with local Aboriginal organisations wherever possible. Aboriginal sessional supervisors are employed to supervise Aboriginal young people in their performance of CSOs. These measures enable Aboriginal young people in rural and remote areas to have more equitable access to CSOs. Many of the activities involve a developmental aspect such as obtaining further skills. CSO hours for juveniles have increased from a maximum of 100 to 250 hours, thereby providing a non-custodial alternative for more serious offences. In November 1996, Nardoola, a hostel providing residential care for 6-8 Aboriginal young people at Moree, commenced operations. It provides an alternative to custodial sentences and a structured and supportive environment in which to complete CSOs. The hostel is staffed by four youth workers and two house parents who are experienced in working with young people. Two staff are on site at all times. Programs and activities provided at Nardoola include living skills, literacy and numeracy tuition, alcohol and other drug education, and group work examining violence and abuse issues. The program aims to provide an acceptable alternative option for young Aboriginal people on remand, community service orders and pre-discharge which maintains their links with the community and addresses cultural, social, educational and health needs. The Department employs on a fee-for-service basis, sessional supervisors to assist young people to complete Community Service Orders and other supervised orders within the community. Sessional Supervisor Co-ordinators and/or juvenile justice officers organise sessional supervision. Not only individuals but community organisations, including Aboriginal community organisations, may be employed as sessional supervisors. These community organisations may also be involved in providing work for young people so that they can carry out their Community Service Order. This is particularly relevant in rural New South Wales where CSO placements are scarce. Sessional supervisors are also employed in a support and advocacy role for young people who are recently released from custody. This is again particularly relevant with regard to supporting Aboriginal young people released from custody who return to communities in rural New South Wales. Expenditure on Sessional Supervisors in 1996-97 was $690,000. Expenditure to March 1998 was $638,440. Ending Offending Program The Ending Offending Program operates throughout the State and is comprised of numerous local programs. Courts may refer young people to a program as an alternative to a custodial sentence. A group of young people attends the program for approximately one day a week for twelve weeks. The local community has extensive involvement in each program’s development and operations to ensure it is relevant to the local needs and priorities. An example of an Ending Offending Program is the Kempsey Education and Motivation Program (KEMP). KEMP provides an integrated approach to addressing the issues facing Aboriginal young offenders in the Kempsey area. Participants receive culturally appropriate individual support. Community representatives help to develop and deliver programs which address the concerns of young people. KEMP is implemented through a structured 18 week program and is to incorporate the Certificate in Adult Foundation Education. The Department works closely with the Djigay Student Association Inc which has been contracted to deliver the program. In providing young Aboriginal people with the opportunity to use the Djigay Centre facilities, participants work side-by-side with peers, mentors and Elders who display and encourage appropriate social behaviour and motivation. Young people are placed in a non-threatening environment and are provided with the opportunity to identify as TAFE/Djigay students, rather than Department of Juvenile Justice clients. Periodic and Home Detention Periodic Detention Centres are currently located at Campbelltown, Emu Plains, Grafton, Mannus (via Tumbarumba), Parramatta, Tamworth, Tomago, Windsor and Wollongong. Further centres have been constructed at Bathurst and Broken Hill and are due to open within the next year. The Department of Corrective Services has been operating its Home Detention Program since February 1997. This program currently covers the Sydney Metropolitan area as well as Wollongong, the Central Coast and the Newcastle/Lower Hunter region. Approximately 50% of Aboriginal offenders meeting the eligibility criteria for this program reside in this area. Aboriginal offenders may have difficulty gaining access to Home Detention due to unstable domestic circumstances. The Probation and Parole Service will work with Aboriginal community groups to explore the feasibility of community based group housing or other options to address this problem. The Department has commenced exploring options for Home Detention in more remote areas. Meetings with local Departmental staff and community stakeholders were held in Kempsey and Lismore in September 1997. Representatives from a number of Aboriginal groups and programs attended and discussed issues that might impede Indigenous access to Home Detention and strategies to overcome these obstacles. A number of Aboriginal programs have indicated a readiness to play a significant role. Further consultation and planning will take place later this financial year. The main issue which needs to be examined is whether there would be a sufficient number of offenders suitable for Home Detention to make the scheme financially viable. It is hoped that a trial scheme will be able to be introduced on the North Coast within the next 12 months. Conditional Release from Custody Under the Children (Detention Centres) Act 1987, the Director General of the Department of Juvenile Justice may release suitably assessed juveniles from custody into the Department’s Intensive Programs Unit (IPU). Juveniles must have served at least two-thirds of their custodial sentence to be eligible for conditional release. IPUs are located at Stanmore, Blacktown and Liverpool and provide intensive counselling to young offenders on drug and alcohol issues, living skills, anger management, impulse control and family and relationship issues. The IPUs also cater for young people on parole, those voluntarily seeking post release support, and young people directed by the court to undertake specialist counselling within an IPU. In rural areas, Juvenile Justice Counsellors or fee-for-service counsellors provide counselling and supervision for juvenile offenders under the Intensive Community Counselling Scheme. A departmental officer and an officer of the funded service evaluate each project at the local level. To obtain an overview of the funding program, an evaluation strategy for Statewide evaluation of community based programs is being developed, and will be ready for the 1998-99 year. The evaluation strategy will provide the department with consistent project information from across the State, including data on clients’:
Data will also be sought in relation to the cultural appropriateness of the projects (comparing outcomes for clients of differing cultural backgrounds); and the level of cultural awareness of the workers involved in projects. It is anticipated that uniform State wide data will be available at the end of the 1998-99 year. Fine Default The abolition of imprisonment for non-payment of fines was recommended in the Interim Report of the Royal Commission into Aboriginal Deaths in Custody. The importance of this recommendation was apparent from a number of cases investigated by the Commission in New South Wales. Consequently, in 1990 New South Wales amended its policy to provide that warrants outstanding for more than 5 years are not collected. This was reduced from 12 years. The Justices (Fine Default) Act which commenced in July 1994 introduced greater flexibility and facilitated the use of Community Service Orders (CSOs) and periodic detention as alternatives to full time imprisonment. It also enabled the conversion of fines to CSOs at every stage of the process. Results, however, were disappointing and there was no noticeable reduction in the number of persons entering custody each year as a result of fine default. The Fines Act 1996 commenced in January 1998. One of the aims of the Act is to ensure that as few people as possible are imprisoned for fine default. The scheme does not rely upon imprisonment as an incentive to pay fines but instead provides a structured series of sanctions for fine defaulters. For court imposed fines, offenders have 28 days in which to pay the fine or make arrangements for time-to-pay. There is no limit on the time in which a fine must be paid and offenders will be afforded every opportunity to pay the fine before enforcement action is taken. Offenders can vary their payments on negotiation with the Clerk of the Court or the Registrar. For traffic offences, offenders have two months in which to pay their fine. On defaulting a fine repayment, the matter is referred to the State Debt Recovery Office (SDRO) and offenders have 28 days to pay before licence suspension or car registration cancellation action is taken. This applies to both traffic and non-traffic offences. If the fine remains unpaid and time-to-pay arrangements are not made, civil enforcement follows. If an offender has no goods of value to seize, a Community Service Order (CSO) is imposed. Time-to-pay arrangements can be made with the SDRO up until the imposition of a CSO. If an offender defaults on a CSO then, and only then, is a warrant issued and the person taken into custody. However, where the offender is unable to perform a CSO for example because of family obligations, ill health or the unavailability of CSOs somewhere accessible to the offender, the debt may be written off. Imprisonment is the last resort and is only an option if the person has no property to seize and no valid reason for being unable to complete a CSO. Juveniles are not imprisoned, however the unpaid fines will be reactivated should the juvenile offend as an adult. At this stage there are no plans to evaluate Fines Act 1996. In terms of the enforcement process created under the Act, the new system is only up to the stage where property is being seized for non-payment of fines. In this sense, no fine defaulters have been gaoled since the new scheme began. It will therefore not be possible to see any impact on the imprisonment rate for fine default until the final stages of the enforcement process under the Act have been carried out. Motor Vehicle Offences Of the people in prison in New South Wales for Driving or Traffic Offences, 54 out of a total of 453 were Aboriginal (11.9%). The Roads and Traffic Authority (RTA) has put in place several additional strategies to reduce the number of Aboriginal people imprisoned for motor vehicle offences such as unlicensed driving. These include:
The RTA continues to implement the Community Based Knowledge-Testing Program (CBKT) in Aboriginal locations across the State and is updating computers and providing further resources. This program targets people who are unlicensed because they have problems understanding and reading the knowledge test. The program is run at Broken Hill, Menindee, Wilcannia, Bourke, Brewarrina, Dubbo, Forbes and Orange at accessible locations including the local TAFE College, an Aboriginal Land Council Office, Skillshare or some other office that provides both a non-threatening environment for Aboriginal people and is available to the whole community. The program also caters for non-Aboriginal people, many of whom have some form of literacy problem. Many hundreds have participated in the program and obtained licenses. Aboriginal people within local communities have been accredited to translate the RTA’s licence knowledge test to Aboriginal people and others. On 20 March 1998 the Minister for Roads, Carl Scully MP announced funding for new touch screen computers for all locations within the Western Region. The RTA continues to promote the project through advertising on the radio and in the print media. An evaluation of the project is planned for 1999. |
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