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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody


Overview

    Recommendation Number 2
    The establishment and role of Aboriginal Justice Advisory Committees

That subject to the adoption by governments of this recommendation and the concurrence of Aboriginal communities and appropriate organisations, there be established in each State and Territory an independent Aboriginal Justice Advisory Committee to provide each government with advice on Aboriginal perceptions of criminal justice matters, and on the implementation of the recommendations of this report.

The Aboriginal Justice Advisory Committee in each State should be drawn, and represent, a network of similar local or regionally based committees which can provide the State Advisory Committee with information of the views of Aboriginal people. It is most important that the views of people living outside the urban centres be incorporated.

The terms of reference of each State, local or regional Advisory Committee is a matter to be negotiated between governments and Aboriginal people. The Commission suggests however that matters which might appropriately be considered include, inter alia:
    (a) The implementation of the recommendations of this report, or such or them as receive the endorsement of the government;
    (b) Proposals for changes to policies which affect the operation of the criminal justice system;
    (c) Programs for crime prevention and social control which enhance Aboriginal self-management and autonomy;
    (d) Programs which increase the recruitment of Aboriginal people to the staff of criminal justice agencies; and
    (e) The dissemination of information on policies and programs between different agencies, and between parallel bodies in different States.

Government’s original position: Supported
Revised government position: Supported
Agencies responsible for implementation: Attorney General’s Department; Department of Corrective Services; Department of Juvenile Justice; NSW Police Service

Implementation report
The Aboriginal Justice Advisory Council commenced in November 1998 and meets every two months. The restructured Council consists of a chairperson, an Executive Officer and six community representatives, representing the six ATSIC regions of New South Wales. The new Council structure provides for six regional Councils comprising of that Region’s representative on the State Council, four community representatives and regional managers of Police, Corrective Services, Juvenile Justice and the Attorney General’s Department. Regional Councils for Binaal Billa, Many Rivers and Kamilaroi regions have been selected and are ready to commence. Other Regional Councils will commence as soon as community representatives have been chosen.

The new structure provides a framework for a partnership between Aboriginal communities and criminal justice system agencies. At the central level, its role is to facilitate a whole of government, holistic approach to the over representation of Aboriginal people in the criminal justice system. This will be achieved by the structure which provides direct Aboriginal community input, specialist advice and Departmental expertise and support.

At its highest level this partnership is between the central AJAC and relevant Ministers and heads of Departments. At an area and local level it will be between the regional AJAC representative, local Aboriginal community representatives and regional criminal justice system agency representatives.

The terms of reference for the new AJAC are to:
    (1) provide advice to the Attorney General, Minister of Police, Minister of Corrective Services and the Minister for Juvenile Justice on developing and implementing fair and equitable law and justice services to Aboriginal people;
    (2) advise on developing and coordinating efforts by government and local communities to reduce the number of Aboriginal people in contact with the criminal justice system;
    (3) develop proposals for change to criminal justice system policies, programs and practices which effect the criminal justice system’s impact on Aboriginal people;
    (4) identify and advise on issues effecting Aboriginal people, as victims of crime and as offenders, and provide options on how to deal with those issues;
    (5) commission research reports on issues effecting Aboriginal contact with the criminal justice system;
    (6) negotiate and monitor targets and performance indicators for programs to reduce Aboriginal offending, arrest and imprisonment rates;
    (7) advise government on the implementation of the criminal justice recommendations of the Royal Commission into Aboriginal Deaths in Custody;
    (8) monitor and assist in developing local initiatives which address criminal justice issues, including those aimed at preventing crime and encouraging Aboriginal self management;
    (9) advise on improving relationships between Aboriginal and non-Aboriginal people;
    (10) advise on the development of programs which increase the employment of Aboriginal people at all levels in criminal justice agencies.

The Council is currently involved in a number of initiatives:
  • establishment of a circle court sentencing pilot;
  • study of the behavioural needs of juveniles in custody;
  • review of public order offences and their impact on Aboriginal people;
  • establishment of inquiry into the needs of Aboriginal women in the criminal justice system;
  • development of options for the examination of customary law in New South Wales;
  • development of crime prevention planning strategies for local Aboriginal communities;
  • development of resources to inform Aboriginal people of their legal right.

Implementation status
  • Fully implemented

Future reporting in Part A

 
Introduction | Chapter 1 | Chapter 2 | Chapter 3 | Overview | Preventing Deaths in Custody
Preventing Incarceration | Addressing Underlying Disadvantages | Appendix A | Appendix B
Appendix C | Appendix D

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in , or affected by, the laws of New South Wales, Australia only.
most recently updated 20 August 1999