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Foreword
It has been 20 years since the Royal Commission into Aboriginal
Deaths in Custody Report and yet the incarceration rate of
Indigenous Australians, including Indigenous youth, is worse now.
Indigenous juveniles are 28 times more likely than non-Indigenous
juveniles to be incarcerated, despite Indigenous peoples
representing only 2.5 percent of the Australian population. This is
a shameful state of affairs.
Indigenous social and economic disadvantage have contributed to
the high levels of Indigenous contact with the criminal justice
system. Sadly, the Committee found there is intergenerational
dysfunction in some Indigenous communities which presents a
significant challenge to break the cycle of offending, recidivism
and incarceration.
The Committee examined current policy arrangements for
overcoming Indigenous disadvantage and found it concerning that the
Council of Australian Government’s (COAG’s) Closing the
Gap Strategy did not include a National Partnership Agreement
dedicated to the Safe Communities Building Block, nor did it
include specific targets relating to justice. The Committee found
this concerning in view of the weight of evidence it received
during the inquiry that linked unsafe communities to the
development of negative social norms and increasingly high rates of
juvenile offending.
The Committee has made 40 recommendations to Government and
believes that to effect change in the area of Indigenous
disadvantage and disproportionate incarceration rates, the
following principles must be applied:
- engage and empower Indigenous communities in the development
and implementation of policy and programs
- address the needs of Indigenous families and communities as a
whole
- integrate and coordinate initiatives by government agencies,
non-government agencies, and local individuals and groups
- focus on early intervention and the wellbeing of Indigenous
children rather than punitive responses, and
- engage Indigenous leaders and elders in positions of
responsibility and respect.
We need to ensure that Indigenous Australians, including
Indigenous youth, are given every opportunity to contribute
positively not just to their communities but to Australian society
as a whole. The Committee recognises the effective and dedicated
local Indigenous community organisations and individuals who
deliver programs to reduce the high incarceration rate of
Indigenous youth.
A wide range of stakeholders contributed to this inquiry, with a
variety of views on the overrepresentation of Indigenous juveniles
and young adults in the criminal justice system. The Committee
would like to thank all of those individuals and organisations who
contributed to the inquiry by way of submissions and exhibits, or
who had their say at the public hearings and roundtable.
I wish to thank the former Chair, the Hon. Bob Debus, and the
Committee of the 42nd Parliament for their contribution to this
inquiry, recognising the significant amount of work and time
undertaken to collect a large body of evidence for this report.
Too many Indigenous juveniles and youth have done time in our
detention centres and prisons. Now it is time to do something about
it. It is my hope that this report, Doing Time – Time for
Doing, will assist in bringing about positive change for Indigenous
Australians and that the future will be one of strength and
partnership between all Australians.
Mr Shayne Neumann MP
Chair
Membership of the Committee
43rd Parliament
Chair
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Mr Shayne Neumann MP
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Deputy Chair
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The Hon. Dr Sharman Stone MP
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Members
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Mr Ed Husic MP
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Mr Barry Haase MP
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Ms Sharon Grierson MP
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Mrs Natasha Griggs MP
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Mr Graham Perrett MP
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42nd Parliament
Chair
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The Hon. Bob Debus MP
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Deputy Chair
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Mr Andrew Laming MP
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Members
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Mr Chris Trevor
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Mr Jim Turnour MP
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Ms Kerry Rea MP
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Ms Jodie Campbell MP
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Mr Kelvin Thomson MP
The Hon. Danna Vale MP
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The Hon. Kevin Andrews MP
Mr Robert Oakeshott MP
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Committee Secretariat
43rd Parliament
Secretary
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Dr Anna Dacre
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Inquiry Secretary
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Ms Susan Cardell
Ms Rebecca Gordon
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Research Officer
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Dr John White
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Office Manager
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Mrs Donna Quintus-Bosz
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42nd Parliament
Secretary
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Dr Anna Dacre
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Inquiry Secretary
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Ms Susan Cardell
Ms Rebecca Gordon
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Senior Research Officers
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Mr Ben Mudaliar
Ms Natalya Wells
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Office Manager
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Ms Tamara Palmer
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Terms of reference
The Committee shall inquire into the high levels of involvement
of Indigenous juveniles and young adults in the criminal justice
system. With a particular focus on prevention and early
intervention, the Committee will identify:
- How the development of social norms and behaviours for
Indigenous juveniles and young adults can lead to positive social
engagement
- The impact that alcohol use and other substance abuse has on
the level of Indigenous juvenile and young adult involvement in the
criminal justice system and how health and justice authorities can
work together to address this
- Any initiatives which would improve the effectiveness of the
education system in contributing to reducing the levels of
involvement of Indigenous juveniles and young adults with the
criminal justice system
- The effectiveness of arrangements for transitioning from
education to work and how the effectiveness of the ‘learn or
earn’ concept can be maximised
- Best practice examples of programs that support diversion of
Indigenous people from juvenile detention centres and crime, and
provide support for those returning from such centres
- The scope for clearer responsibilities within and between
government jurisdictions to achieve better co-ordinated and
targeted service provision for Indigenous juveniles and young
adults in the justice system
- The extent to which current preventative programs across
government jurisdictions are aligned against common goals to
improve the health and emotional well-being of Indigenous
adolescents, any gaps or duplication in effort, and recommendations
for their modification or enhancement.
List of acronyms
ABS |
Australian Bureau of Statistics |
AC
|
Aboriginal Connections
|
ACCG |
Australian Children’s Commissioners and
Guardians |
ACT
|
Australian Capital Territory
|
ADAC |
Aboriginal Drug and Alcohol Council |
ADCA |
Alcohol and Other Drugs Council of Australia |
ADF |
Australian Defence Force |
AFL
|
Australian Football League
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AHL |
Aboriginal Hostels Limited |
AG’s
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Attorney-General’s Department
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AIC
|
Australian Institute of Criminology
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AIHW
|
Australian Institute of Health of Welfare
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AJA2
|
The Victorian Aboriginal Justice Agreement Phase 2
|
ALRM
|
Australian Legal Rights Movement
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ALSWA |
Aboriginal Legal Service of Western Australia |
ANU |
Australian National University |
ANTaR |
Australians for Native Title and
Reconciliation |
APY |
Anangu, Pitjantjatjara and Yankunytjatjara
Lands |
ASC |
Australian Sports Commission |
ASTB
|
Aboriginal School Based Training
|
ATSILS |
Aboriginal and Torres Strait Islander Legal
Services |
AVPRSS
|
Adult Voluntary Post Release Support Service
|
CAHABPS
|
Central After Hours Assessment and Bail Placement Service
|
CAYLUS |
Central Australian Youth Link-Up Service |
CCC |
Communities for Children Committee |
CDEP |
Community Development Employment Projects |
CfC Plus
|
Communities for Children Plus
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COAG
|
Council of Australian Governments
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FaHCSIA
|
Department of Families, Housing, Community Services and
Indigenous Affairs
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IDDI |
National Illicit Drug Diversion Initiative |
IEAP
|
Indigenous Education Action Plan
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IFSA |
Indigenous Family Safety Agenda |
IPROWD |
Indigenous Police Recruitment Out West
Delivery |
IPSS |
Indigenous Parenting Support Services |
ISP
|
Intensive Supervision Program
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IYMP
|
Indigenous Youth Mobility Program
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MCPEMP
|
Ministerial Council for Police and Emergency Management –
Police
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MERIT
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Magistrates Early Referral into Treatment
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MHATODS
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Mental Health Alcohol Tobacco and Other Drugs Service
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MSHR
|
Menzies School of Health Research
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NAAJA
|
North Australian Aboriginal Justice Agency
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NAHA
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National Affordable Housing Agreement
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NAIDOC
|
National Aborigines and Islanders Day Observance Committee
|
NAJAC |
National Aboriginal Justice Advisory Council |
NATSISS |
National Aboriginal and Torres Strait Islander
Social Survey |
NGO |
Non-Government Organisation |
NIDAC |
National Indigenous Drug and Alcohol
Committee |
PHaMS |
Personal Helpers and Mentors |
PIAC |
Public Interest Advocacy Centre |
PRP |
Pre-Release Prisoner |
PRSP |
Post-Release Support Program |
QPS |
Queensland Police Service |
VLA |
Victoria Legal Aid |
WAACH |
Western Australian Aboriginal Child Health |
YDAC
|
Youth Drug and Alcohol Court
|
List of recommendations
Indigenous youth and the criminal justice system: an
overview
Recommendation 1 - National Partnership Agreement
The Committee recommends that the Commonwealth
Government develop a National Partnership Agreement dedicated to
the Safe Communities Building Block and present this to the Council
of Australian Governments by December 2011 for inclusion in the
Closing the Gap strategy.
Recommendation 2 - Justice targets
The Committee recommends that the Commonwealth
Government endorse justice targets developed by the Standing
Committee of Attorneys-General for inclusion in the Council of
Australian Governments’ Closing the Gap strategy. These
targets should then be monitored and reported against.
The role of positive social norms
Recommendation 3 – Positive social norms
The Committee recommends the Commonwealth Government
continue to fund holistic, intergovernmental services to Indigenous
youth and their families and communities, such as Communities for
Children Plus, and evaluate their effectiveness in strengthening
positive social norms in communities and preventing Indigenous
youth engagement with the criminal justice system.
Recommendation 4 - Mentors
The Committee recommends the Commonwealth Government
support a national program to develop and provide local mentors for
Indigenous youth at risk before, during and after
custody.
Recommendation 5 – Sport and recreation
The Committee recommends the Commonwealth
Government:
- work with state and territory governments to support
more sporting, music and other recreational activities for
Indigenous children and youth outside of school hours, particularly
in remote and regional areas
- encourage sporting bodies and sporting celebrities to
become more involved in organising sporting engagement for
Indigenous children and youth
- ensure continued funding for sports partnership
programs and the provision of infrastructure and services to ensure
sports participation by Indigenous youth, and
- investigate and address impediments to sports
participation for Indigenous young men and women.
Recommendation 6 – Identification documents
The Committee recommends the Commonwealth
Government:
- investigate options to make the birth registration
process more culturally appropriate and accessible in Indigenous
communities
- investigate how to raise awareness of the utility and
value of the birth certificate document in Indigenous
communities
- address reasons for the low rate of birth registrations
in Indigenous communities and ensure that Indigenous health
services and youth workers are actively working to ensure that
births are registered and that all Indigenous children have a birth
certificate, and
- liaise with state and territory governments to
coordinate assistance to all youth to ensure they have access to
their birth certificate and that this is not an impediment to them
fully participating in community, travel, education, or employment
opportunities.
Recommendation 7 - Accommodation
The Committee recommends that the Commonwealth
Government commit to ensuring that there exists within all states
and territories an expanded number and range of safe and
gender-appropriate accommodation options for Indigenous children
and youth. These options should include access to coordinated and
holistic intensive care services. A housing or accommodation plan
needs to have been identified for every youth leaving
detention.
The Committee suggests that the range of appropriate
accommodation options should include extended family houses,
identified safe houses, hostel and school accommodation, foster and
respite care, and emergency refuge accommodation.
The link between health and the criminal justice
system
Recommendation 8 – Alcohol and substance abuse
The Committee recommends that, in collaboration with
state and territory governments, the Commonwealth Government
increase funding for locally based alcohol, anti-smoking and
substance abuse programs.
Recommendation 9 – Foetal Alcohol Spectrum Disorder
The Committee recommends that the Commonwealth
Government urgently addresses the high incidence of Foetal Alcohol
Spectrum Disorder in Indigenous communities by:
- developing and implementing Foetal Alcohol Spectrum
Disorder diagnostic tools and therapies, with a focus on working in
partnership with Indigenous health organisations in remote and
regional Australia where there is a recognised prevalence of the
disorders, and
- recognising Foetal Alcohol Spectrum Disorder as a
registered disability and as a condition eligible for support
services in the health and education systems.
- The Committee further considers that a comprehensive
inquiry into Foetal Alcohol Spectrum Disorder prevalence,
diagnosis, intervention and prevention is required and recommends
that the Minister for Health and Ageing refer the inquiry to the
House of Representatives Standing Committee on Social Policy and
Legal Affairs.
Recommendation 10 – Mental health
The Committee recommends the Commonwealth Government
recognise mental health as a significant issue affecting Indigenous
youth and collaborate with the states and territories to direct
funding where possible to successful Indigenous community developed
and led programs with a focus on healing, culture, emotional
wellbeing and reconnection with family.
Recommendation 11 – Hearing tests
The Committee recommends that the Commonwealth
Government provide all Indigenous children starting
pre‑school with comprehensive hearing tests with appropriate
follow-up support when required.
The Committee further recommends that all Indigenous
children between kindergarten and Year 2 be tested as an urgent
priority due to the high incidence and impacts of hearing
impairments amongst Indigenous children, particularly in rural and
remote areas.
Recommendation 12 – Sound amplification systems
The Committee recommends that the Commonwealth
Government allocate funding for sound amplification systems in
schools with high Indigenous enrolments throughout Australia, with
urgent attention to schools in remote areas.
Recommendation 13 – Police training to identify hearing
loss
The Committee recommends that the Attorney-General take
to the Ministerial Council for Police and Emergency Management
– Police (MCPEMP) at its second meeting in 2011, a proposed
program of training for police to better identify and respond to
individuals with hearing loss, particularly in Indigenous
communities.
Recommendation 14 – Pre-natal and anti-natal support
The Committee recommends the Commonwealth Government
work with state and territory governments to coordinate greater
capacity for Indigenous health services to provide further programs
to support:
- sexual and reproductive health counselling and
services
- pre and anti-natal care and advice for teenage
parents
- parenting skills information and assistance
- alcohol risk awareness during pregnancy, and
- support for pregnant women with alcohol dependency or
other substance abuse.
Recommendation 15 - Health
The Committee recommends that the Commonwealth
Government, in collaboration with state and territory governments,
ensure all Indigenous youth who enter the criminal justice system
are provided with:
- comprehensive health screening, including for Foetal
Alcohol Spectrum Disorders
- access to intensive holistic intervention programs
which involve family, mentors and Indigenous leaders and include
support for mental health, hearing loss and drug and alcohol
reform, and
- access to wellbeing programs which involve families and
Indigenous leaders, address underlying issues of trauma, low
self-esteem and build resilience and the capacity for positive
social and workplace engagement.
- The Committee recommends that emotional, social and
cultural programs should span the length of a youth’s time in
detention, and continue after release.
- Improving education for Indigenous youth
Recommendation 16 – School and community
relationships
The Committee recommends that the Minister for Education
work through the Ministerial Council on Education, Employment,
Training and Youth Affairs assist schools throughout Australia to
deliver better education outcomes for Indigenous students and to
foster more connected and positive relationships with their local
Indigenous community. The Committee considers that as a minimum
schools should be incorporating a range of the following activities
within the school:
- hang or fly an Aboriginal Flag and the Torres Strait
Islander flag alongside the Australian flag within the school
grounds
- learn about Indigenous sites of significance in the
local area
- incorporate an acknowledgment of country at the start
of significant events as well as at school assemblies
- commission local Indigenous artists to paint a mural,
or build or create sculptures within the school grounds
- use local Indigenous languages names for school
classrooms or sporting houses/teams
- build an Indigenous garden and invite those with bush
tucker knowledge to be involved
- celebrate Mabo day, NAIDOC week, Reconciliation week
and Harmony day
- engage Indigenous school mentors for schools with high
Indigenous populations, and/or
- engage the local Indigenous community to teach language
and culture afterschool and provide extra curricula
activities.
Recommendation 17 – School attendance data
The Committee recommends that the Minister of Education
immediately conduct a review into how daily school attendance and
retention rates are measured to ensure that data collected can
accurately inform strategies to increase attendance and retention
rates and monitor progress in these areas.
Recommendation 18 – School attendance incentive
programs
The Committee recommends that the Commonwealth
Government commit to the provision of funds and administrative
assistance to establish and expand across Indigenous communities
the number of school attendance incentive programs (such as
breakfast and lunch programs, and sporting and cultural activities
during and after school).
Recommendation 19 – Teacher development
The Committee recommends that the Minister for Education
work with the Ministerial Council on Education, Employment,
Training and Youth Affairs develop a comprehensive and mandatory
teachers’ professional development program that:
- provides specialist training on teaching Indigenous children,
and where necessary the teaching of English as a second language
(ESL)
- recognises poor English language skills and health and hearing
issues which may impact on learning
- gives teachers a competency in cultural knowledge and
sensitivity to assist in working with Indigenous communities and
families
- can be adapted to reflect local Indigenous community needs and
culture, and
- trains the teachers to set and achieve high expectations for
Indigenous students.
The Committee also recommends that a portion of the
2011-12 Budget funds allocated to reward top performing teachers is
directed towards the formal recognition of outstanding performance
in the teaching of Indigenous students, where real outcomes in
progress can be demonstrated.
Improving the effectiveness of transitioning from education to
the workforce
Recommendation 20 - Apprenticeships
The Committee recommends that the Department of
Education, Employment and Workplace Relations provide greater
assistance and incentives to increase the uptake of Indigenous
apprentices through:
- providing specific financial incentives for employers
to take on Indigenous apprentices
- including Indigeneity as one of the eligibility
criteria for the Australian Apprenticeship Access Program,
and
- ensuring that the Australian Apprenticeship Access
Program contract providers are able to demonstrate the ability to
provide culturally appropriate support and successful outcomes for
Indigenous job seekers.
Recommendation 21 – Driver licences
The Committee recommends that the Minister for
Infrastructure and Transport, in partnership with relevant state
and territory governments, establish:
- specific learner driver resources in multiple media
formats that appropriately meet language and literacy needs of
local Indigenous communities, and
- a remote and regional learner driver licensing scheme
to assist people in remote and regional areas to obtain learner and
provisional licences.
Recommendation 22 – Defence Force recruitment
The Committee recommends that the Australian Defence
Force:
- include in its training material an acknowledgement of
the important contribution Indigenous people have made to the
Australian Defence Force in past wars. All staff currently employed
by the Australian Defence Force should be made aware of this
contribution
- review its recruitment material to ensure it provides
strong encouragement for Indigenous people to join, which
particular reference to existing role models, for example
NorForce
- consider new and innovative strategies for raising its
profile with Indigenous people and for recruiting both reserves and
permanent members from remote, regional and metropolitan Indigenous
communities
- offer work experience for older students in the defence
force, and
- increase the provision of school based apprenticeships
throughout Australia and target apprenticeships to Indigenous youth
in regional and remote areas.
The criminal justice system
Recommendation 23 – Police training and Indigenous
employment
The Committee recommends that the Commonwealth
Government work with the Ministerial Council for the Administration
of Justice to address the following priorities at its next
meeting:
- The development of a national framework for the
provision of comprehensive Indigenous cultural awareness training
for all police employees that:
- Promotes better understanding and relations between police and
Indigenous communities
- Addresses the specific circumstances of Indigenous youth
over-representation in police contact, and
- Outlines the diversionary options that are available, and the
positive impact that diversion can have.
- An expanded national network of Indigenous Liaison
Officers, with facilities to share information and knowledge across
jurisdictions, and
- Incentives to increase the employment of Indigenous
police men and women and opportunities for mentoring and police
work experience for Indigenous students.
Recommendation 24 – Court interpreter service and hearing
assistance
The Committee recommends that the Attorney-General
present to the Standing Committee of Attorneys-General a revision
of criminal justice guidelines to include formal recognition of the
requirement to ascertain the need for an interpreter service or
hearing assistance when dealing with Indigenous
Australians.
Recommendation 25 – National interpreter service
The Committee recommends that the Commonwealth
Attorney-General’s Department, in partnership with state and
territory governments, establish and fund a national Indigenous
interpreter service that includes a dedicated criminal justice
resource and is suitably resourced to service remote
areas.
The Committee recommends that initial services are
introduced in targeted areas of need by 2012 with full services
nationwide by 2015.
Recommendation 26 – Legal services funding
The Committee recommends that the Commonwealth
Government increase funding for Aboriginal and Torres Strait
Islander Legal Services to achieve parity per case load with Legal
Aid Commission funding in the 2012-13 Federal Budget, with
appropriate loadings to cover additional costs in service delivery
to regional and remote areas.
Recommendation 27 – Post-release accommodation
The Committee recommends that the Attorney-General take
to the Standing Committee of Attorneys-General the proposal to
increase funding for appropriate accommodation options for youth
who are granted bail, in order to prevent the unnecessary detention
of Indigenous youth.
Recommendation 28 – Study on sentencing options
The Committee recommends that the Australian Institute
of Criminology undertake an analysis of sentencing options and
outcomes for Indigenous youth and young adults and the use of
available diversionary options to determine whether alternative
sentencing options are fully utilised before resorting to
incarceration.
Recommendation 29 – Alternative sentencing options
The Committee recommends that the Attorney-General
evaluate outcomes for alternative sentencing options, such as
reduced recidivism and improved positive and independent living,
and from this research develop a proposal for a range of Indigenous
alternative sentencing options and present it to the Standing
Committee of Attorneys-General for inclusion in the National
Indigenous Law and Justice Framework.
Recommendation 30 – Pre-court conferencing
The Committee recommends that the Attorney-General takes
to the Standing Committee of Attorneys-General the proposal for a
nationwide program that begins the rehabilitation process of young
Indigenous offenders from the point at which they are charged with
an offence. The Committee recommends that such a program should
include:
- Assigning a community services case worker to an individual
immediately after they have been charged to organise a family
conference
- A victim contact meeting where the offender hears the
consequences and impacts of their unlawful actions on the
victim
- Ascertaining, through family conferencing, any underlying
problems that are influencing offending behaviour and setting out a
plan for behavioural change with clear targets to be achieved prior
to attending court. Pre-court plans for the youth could
include:
- Regular attendance at drug and alcohol counselling and medical
treatment as required
- Regular meetings or counselling sessions with a court approved
community or family mentor or elder
- A genuine apology to the victim(s)
- The development of clear goals and aspirations for living a
more productive and independent life
- Where appropriate, more regular and constructive family
engagement
- A renewed commitment from significant family members to engage
with the offender and involve them positively in family life
- Improvement in school attendance or retention in school,
and
- Improvement in apprenticeship or training outcomes.
Sentencing of individuals who have engaged with this
program should take into account any genuine progress towards
meeting these targets for behavioural
modification.
Recommendation 31 – Indigenous offender programs
The Committee recommends that the Commonwealth
Government establish a new pool of adequate and long term funding
for young Indigenous offender programs. Organisations and community
groups should be able to apply for funding for programs that assist
young Indigenous offenders with:
- Post-release or diversionary program accommodation
- reintegrating into the community and positive social engagement
through volunteering and team involvement
- reconnecting with culture where possible
- drug, alcohol and other substance abuse rehabilitation
- continued education and training or employment, and
- life and work readiness skills, including literacy and
numeracy
The Committee recommends that this fund is geared
towards small-scale community-based groups, operating in local
areas, and includes a specific stream for programs that address the
needs of young Indigenous female offenders. Local employers would
be encouraged to mentor and train with a view to
employment.
Government policy and coordination
Recommendation 32 – Evaluate Indigenous justice
programs
The Committee recommends that the Commonwealth
Government commit further resources to evaluate the effectiveness
of Indigenous youth justice and diversion programs and that the
findings be published on the Indigenous Justice Clearinghouse and
the Closing the Gap Clearinghouse websites.
Recommendation 33 – Mapping offending
The Committee recommends that the Commonwealth
Government invest in mapping research to identify areas of
concentrated youth offending, types of offending and gaps in
services, with a focus on Indigenous disadvantage and
need.
Recommendation 34 – Expanding data collections
The Committee recommends that the Australian Bureau of
Statistics expand its collection of data to include:
- offender data disaggregated by all jurisdictions and all
categories of offence, including traffic and vehicle related
offences
- court appearance data, disaggregated by all jurisdictions by
Indigenous status, sex, offence and sentence
- prisoner reception data disaggregated by all jurisdictions,
according to Indigenous status, sex, offence, age, sentence length
and episodes of prior offending by category of offence, and
- data on the rates of which Indigenous people are victims of
crime, disaggregated by all jurisdictions and all categories of
offence.
The Committee recommends that the Australian Institute
of Health and Welfare expands its collection of data to
include:
- detainee receptions and census data disaggregated by
jurisdiction, Indigenous status, sex, offence, age, sentence
duration and periods of prior offending by category of
offence.
The Committee recommends that these expanded data sets
are made available by no later than June 2012. This data and any
trends it shows should then be annually evaluated and reported on
and used to inform future policy or program changes.
Recommendation 35 – Study on the imprisonment of
women
The Committee recommends that the Australian Institute
of Criminology undertakes a study of the reasons for the increasing
imprisonment of Indigenous women, with a view to informing
policymakers on how best to address the key drivers of offending
and imprisonment and the consequences of that imprisonment for
women, their children (if any) and their community.
Recommendation 36 – Indigenous Law and Justice Advisory
Body
The Committee recommends that the Commonwealth
Government propose to the National Congress of Australia’s
First Peoples the establishment of a subcommittee to focus on
Indigenous law and justice matters. If the National Congress of
Australia’s First Peoples does not proceed with an Indigenous
law and justice subcommittee, the Committee recommends that the
Commonwealth Government establish an Indigenous law and justice
advisory body.
The Committee recommends that the Commonwealth
Government:
- seeks the subcommittee’s or the advisory
committee’s advice on law and justice matters affecting
Indigenous people
- requests that the subcommittee or advisory committee
monitor and report on progress under the National Indigenous Law
and Justice Framework, and
- seeks the views of the subcommittee or advisory
committee on any suggested amendments to the National Indigenous
Law and Justice Framework following each annual
review.
Recommendation 37 – Parliamentary Indigenous
representation
The Committee recommends that the Commonwealth
Government establish an Independent Commission to undertake a
series of public consultations and investigate options to increase
Indigenous representation in the Parliament, for example, quotas or
dedicated seats.
Recommendation 38 – Funding of the Family
Responsibilities Commission
The Committee recommends that the Australian Government
in partnership with the Queensland Government and the Cape York
Institute for Policy and Leadership extend the funding of the
Family Responsibility Commission until December 2013, pending
further evaluation.
Recommendation 39 – Sustained flexible funding
The Committee recommends that the Commonwealth
Government work with state and territory governments to coordinate
sustained and flexible funding support for a range of youth justice
diversion and rehabilitation services which are developed with and
supported by local Indigenous communities.
Recommendation 40 – Justice reinvestment
The Committee supports the principles of justice
reinvestment and recommends that governments focus their efforts on
early intervention and diversionary programs and that further
research be conducted to investigate the justice reinvestment
approach in Australia.
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