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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
The statistics of shortened life expectancy are our mothers and fathers, uncles, aunties and Elders who live diminished lives and die before their gifts of knowledge and experience are passed on. We die silently under these statistics.” The finalisation of this report provides an important opportunity to renew the government’s commitment to work together with Indigenous people and build a partnership based on justice, equality and respect. In the spirit of partnership, the NSW Government restates its commitment to action which truly reflects the needs and aspirations of Aboriginal people in New South Wales. This will only be achieved through empowerment, self-determination and reconciliation. There must be partnership between policy makers and the communities affected by their policies, which enable Aboriginal people to be true partners in decision making around their own issues. Through the Aboriginal Justice Advisory Council (AJAC), Aboriginal people in New South Wales will be able to have a direct impact on major decisions made in the justice system. Not simply to be reactive to problems as they arise but to set the agenda for change and lead that process. Renewed emphasis needs to be placed on reducing Indigenous deaths in custody and on minimising the relative disparity between Indigenous and non-Indigenous people in their contact with the justice system. Regard must also be had to the wider context which still operates against the interests of Aboriginal people receiving fair and just treatment from the justice system. In general terms, the recommendations still provide a useful blue print for reforming key aspects of the justice system. There is still enormous potential to significantly reduce the number of Aboriginal and Torres Strait Islander people coming into contact with the justice system through the implementation of these recommendations. However, there are problems with some of the recommendations in terms of inadequate drafting or inadequate indication of process or expected outcomes. With the help of partnership forums such as the AJAC, the historic partnership with the NSW Aboriginal Health Resource Co-operative, the Aboriginal Education Consultative Group and the Aboriginal Housing Office, the government will be refocussing its attention on the main issues and seeking out practical and effective ways to ensure greater accountability, meaningfulness and effectiveness of outcomes in the delivery of government services to Indigenous people in New South Wales. The government will continue to work hard to lay solid foundations for the development of real solutions to the issues of law and justice and to underlying issues such as employment, education, health, housing, infrastructure and reconciliation. Structure of the Report This report covers the period January-December 1998. Two years ago, the government decided that as well as responding individually to each of the recommendations, a more comprehensive, thematic report would be prepared. This approach has been continued this year. The thematic report incorporates the substance of the individual responses to the recommendations as well as other initiatives which fall outside the terms of specific recommendations. The report provides a general overview of government policy and the programs in place to implement these policies. The main sources of information for the report have been the responses of individual government agencies and departments. Annual Reports, State and Federal Inquiries and statistical analyses have also been used. In relation to the overview of government policy, the report has drawn extensively from the NSW Government’s Statement of Commitment to Aboriginal People published in November 1997. This Statement is a symbolic and tangible expression of the government’s commitment to achieving justice and equality for Aboriginal people and to reconciling the interests of Aboriginal people with those of the broader community. Part A of the report is divided into three chapters entitled: Preventing Deaths in Custody; Preventing Incarceration; and Addressing Underlying Disadvantages. These chapter headings represent the three ways in which the government is seeking to address Aboriginal deaths in custody. Once Aboriginal people are in custody, whether in police cells, juvenile justice centres or correctional centres, a number of strategies are in place to prevent illness, injury or self-harm. Some of the strategies being used are:
The government’s progress in implementing policies in these areas is discussed in Chapter 1. Chapter 2 discusses those issues which are most directly linked to the incarceration rate of Aboriginal people. Information is provided about programs and policies designed to reduce the contact of Aboriginal people with the criminal justice system, provide alternatives to custodial sentences and to address any biases within the system itself. The issues addressed in this chapter include:
Chapter 3 focuses on the underlying social, economic, cultural and historical factors which contribute to the rate at which Aboriginal people come into contact with the justice system and, consequently, the number of Aboriginal people who die in custody each year. The areas covered are:
In the 1995-96 and 1996-97 Reports, reporting was finalised on a number of recommendations. This was done where the recommendations were not primarily the responsibility of the NSW Government, because the recommendation has been implemented or because no further implementation was planned. In the 1998 Report, the number of individual recommendations that has been reported upon has been further reduced with the relevant issues being addressed in Part A of the report. |
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