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


TABLE OF CONTENTS


PART A — THEMATIC CHAPTERS

INTRODUCTION

CHAPTER 1. PREVENTING DEATHS IN CUSTODY
    Introduction
    Assessing and managing physical and mental health
    Providing safe accommodation
    Casework and the provision of education and training to inmates
    Facilitating family and community support
    Training and disciplining staff
    Consulting with the community and inmates
    Responding to incidents of illness, self-harm or attempted suicide
    Dealing with complaints

CHAPTER 2. PREVENTING INCARCERATION
    Statistics
    Consultative mechanisms
    Police/Aboriginal relations
    Crime prevention
    Bail
    Legal representation
    Alternatives to criminal charges
    sDirector of Public Prosecutions
    The courts
    Sentencing
    Alternative sentencing options

CHAPTER 3. ADDRESSING UNDERLYING DISADVANTAGES
    Co-ordinating and improving government services
    Discrimination and reconciliation
    Land rights
    Cultural heritage, the arts, sport and recreation
    Family and community services
    Housing and infrastructure
    Health
    Education and training
    Employment and business opportunities


PART B — RESPONSES TO RECOMMENDATIONS

OVERVIEW
    The establishment and role of Aboriginal Justice Advisory Committees

PREVENTING DEATHS IN CUSTODY

1.1 Investigating Deaths in Custody
    Resolution of cultural objections to post mortems

1.2 Custodial Health and Safety
    Police officers to be trained re Aboriginal health issues and risk assessment
    Police to keep regular records regarding detainee’s welfare
    Alarm and intercom systems to be installed in cells
    Aboriginal persons not to be alone in cells
    Operation of cell visitor schemes
    Friends and family to be encouraged to visit detainees
    Specialist psychiatric and dental attention for prisoners
    Prisoner medical services to have cultural training and employ Aboriginal staff
    Review of equipment and facilities in cells which may be used to cause harm
    Exchange of information between Police and Corrective Services

1.3 The Prison Experience
    Aboriginal inmates to be located as close as possible to their families
    Funding of family visits to the prisoner, if the family are not closely located
    Family visits should occur with the minimum of supervision
    Employment and role of complaints officers in custodial institutions
    Segregation of Aboriginal inmates to be avoided
    Facilitate establishment of Aboriginal support groups within institutions
    Aboriginal prisoners to have access to education, training and work
    DEET develop strategy for training and education in institutions


PREVENTING INCARCERATION

2.1 Arrest
    Police adherence to principle of arrest as a sanction of last resort

2.2 Bail
    Granting of bail to be monitored and legislation amended if necessary

2.3 entencing Options
    Aboriginal people in remote communities to be consulted re sentences
    Monitoring of recidivism to evaluate effectiveness of sentencing options

2.4 Alcohol Related Offences
    Funding for the care and treatment of intoxicated persons
    Monitoring the effect of Dry Area Declarations
    Laws relating to the public consumption of alcohol

2.5 Motor Vehicle Offences
    Programs to reduce rate of motor vehicle offences

2.6 Offensive Language
    Restrained use of offensive language charges

2.7 Criminal Records
    Removal of past convictions from criminal records

2.8 Juveniles
    Police to arrest juveniles as a last resort


ADDRESSING UNDERLYING DISADVANTAGES

3.1 Access to Funding and Services
    Block grant funding for Aboriginal groups on a triennial basis
    Programs to be delivered by Aboriginal organisations
    Methods by which Aboriginal groups are required to account should be simple
    Aboriginal people to have equal access to essential services
    Equitable distribution of funding for communities
    Provision of training to Aboriginal organisations
    Priority to economic and cultural development plans by Aboriginal groups

3.2 Indigenous Culture and Society
    Access to government archives of Aboriginal families and history
    Preservation of Aboriginal culture, history and traditions

3.3 Discrimination and Human Rights
    Aboriginal people to be informed about anti-discrimination legislation
    Aboriginal people to be encouraged to exercise their legal rights
    Racial vilification to be a civil offence

3.4 The Media
    Funding of Aboriginal media organisations and coverage of Aboriginal issues
    Improved contact and understanding between the media an Aboriginal people

3.5 Education and Training
    Government to address the underlying causes of truancy
    Greater focus on pre-school initiatives for Aboriginal children
    School curricula to incorporate Aboriginal issues and perspectives
    Aboriginal people to assist in the preparation and delivery of school courses
    School education to address social issues
    Aboriginal Student Support and Parent Awareness Program
    Governments to study training program for Aboriginal teachers
    Teacher training courses to address Aboriginal issues
    Guidelines for the role of teachers to be negotiated

3.6 Employment
    Community participation in development plans
    Adoption of ATSIC regional divisions when delivering employment programs
    Funding for local employment committees and programs

3.7 Health
    Comprehensive and up-to-date information on Aboriginal health programs
    Improved and increased training in health care
    Aboriginal community-controlled health services to be studied
    Communication between mainstream and Aboriginal health care services
    Increased access to health care services and facilities
    Aboriginal people to be involved in decisions relating to health service delivery
    Aboriginal people to be encouraged to undertake medical and health care studies
    Increased collection and use of Aboriginal health statistics
    Funding of implementation of the National Aboriginal Health Strategy
    Provision of early intervention programs in health centres

3.8 Health, Drug and Alcohol Abuse
    Aboriginal people to be involved in research into Aboriginal alcohol use

3.9 Housing and Infrastructure
    Integrated provision of infrastructure, housing and essential services
    Housing policy to cover both physical housing and necessary support services
    Factors to take into account when assessing housing stock
    Adoption of the Tangentyere model of service delivery
    Assistance to Aboriginal groups to undertake their own housing projects

3.10 Land
    Aboriginal people to be consulted and involved in mining and tourism projects
    Involvement of Aborigines in decisions relating to National Parks

3.11 Research and Data Collection
    Aboriginal people to be consulted re use of social indicators for policy purposes
    Maintenance of data on Aboriginal social indicators
    Funding to develop and monitor performance indicators

3.12 Reconciliation
    Immediate support for the reconciliation process


APPENDICES

Appendix A
    Tables of Statistics Relating to Indigenous Incarceration Rates (Juveniles and Adults)

Appendix B
    Funding of Aboriginal Arts Programs

Appendix C
    Violence Against Women Regional Action Plans

Appendix D
    Area Health Service Initiatives





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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