Chapter 1 - Introduction

[1]        Journals of the Senate, No. 81, 4 March 2015, pp 2245-2246.

[2]        Journals of the Senate, No. 99, 22 June 2015, p. 2744; Journals of the Senate, No. 123, 9 November 2015, p. 3308; Journals of the Senate, No. 131, 30 November 2015, p. 3518; and Journals of the Senate, No. 138, 22 February 2016, p. 3749.

[3]        Journals of the Senate, No. 7, 15 September 2016, p. 225.                   

Chapter 2 - Legal assistance services

[1]        Productivity Commission, Access to Justice Arrangements, 2014, Vol 2, pp 667-670; and the Allen Consulting Group, Review of the National Partnership Agreement on Legal Assistance Services, Working Paper 2: Evaluation of legal assistance services, Prepared for the Australian Government Attorney-General's Department, June 2013, pp 2-5.

[2]        Submission 42, p. 3.

[3]        Productivity Commission, Access to Justice Arrangements, 2014, Vol 2, p. 667.

[4]        Productivity Commission, Access to Justice Arrangements, 2014, Vol 2 p. 668 and Allen Consulting Group, Review of the National Partnership Agreement on Legal Assistance Services – Final Report, June 2014, p. 3.

[5]        Submission 42, p. 3. See also Indigenous Legal Need Project, Submission 19, p. 7; Legal Aid NSW, Submission 36, p. 7.

[6]        Productivity Commission, Access to Justice Arrangements, 2014, Vol 2, p. 761.

[7]        Submission 37, p. 2.

[8]        Submission 42, p. 3.

[9]        Committee Hansard, 4 August 2015, p. 20.

[10]      National Association of Community Legal Centres, Submission 42, p. 4. See also National Legal Aid, Submission 37, p. 2.

[11]      Committee Hansard, 4 April 2016, p. 26. See also correspondence from Ms Elizabeth Quinn, Assistant Secretary, Legal Assistance Branch, Attorney-General's Department (AGD) to the Committee Secretary, 8 April 2016 clarifying evidence given at the public hearing on 4 April 2016.

[12]      National Partnership Agreement on Legal Assistance Services, 2010, p. 3.

[13]      National Partnership Agreement on Legal Assistance Services, 2010, p. 2.

[14]      See Budget Measures Budget Paper No. 2, 2014-15, p. 61.

[15]      National Partnership Agreement on Legal Assistance Services, 2015, p. 3.

[16]      National Partnership Agreement on Legal Assistance Services, 2015, p. 3.

[17]      National Partnership Agreement on Legal Assistance Services, 2015, p. 2.

[18]      National Partnership Agreement on Legal Assistance Services, 2015, p. 2. The 2010 NPA focussed on specific arrangements for the delivery of Commonwealth funded services by State and Territory LACs, see National Partnership Agreement on Legal Assistance Services, 2010, p. 4.

[19]      Budget 2016-17, Budget Paper No. 3, p. 71.

[20]      Budget 2016-17, Budget Paper No. 3, p. 71. See J. Murphy and M. Brennan, Legal aid and legal assistance services, Parliamentary Library Budget Review 2016-17.

[21]      Source Budget 2016-17, Budget Paper No. 3, p. 71.

[22]      See Senator the Hon George Brandis QC, Attorney-General, Attorney-General's Portfolio Budget measures 2015-16, Media release, 12 May 2015, available at: www.attorneygeneral.gov.au/Mediareleases/Pages/2015/SecondQuarter/12-May-2015-Attorney-General%27s-Portfolio-Budget-measures-2015-16.aspx (accessed 19 November 2015).

[23]      Attorney-General's Department, answers to questions on notice, received 13 April 2016, p. 1. The Attorney-General's Department provided a document explaining the allocation models for legal aid commissions and community legal centres and a document explaining the Indigenous legal assistance provider funding allocation model, see Attorney-General's Department, answers to questions on notice, received 13 April 2016, Attachment A and Attachment B.

[24]      National Partnership Agreement on Legal Assistance Services, 2015, Schedule B 'Commonwealth priorities and eligibility principles', p. B-1.

[25]      National Partnership Agreement on Legal Assistance Services, 2015, Schedule B 'Commonwealth priorities and eligibility principles', p. B-1.

[26]      National Partnership Agreement on Legal Assistance Services, 2015, Schedule B 'Commonwealth priorities and eligibility principles', p. B-2.

[27]      National Partnership Agreement on Legal Assistance Services, 2015, p. 2.

[28]      National Legal Aid, Submission 37, p. 1.

[29]      Submission 37, p. 4.

[30]      National Partnership Agreement on Legal Assistance Services, 2015, p. 11. 'Discrete assistance' is defined as 'information, referral, legal advice, non-legal support and legal task'.

[31]      Productivity Commission, Access to Justice Arrangements, 2014, Vol 2 p. 689.

[32]      Productivity Commission, Access to Justice Arrangements, 2014, Vol 2 p. 689. From 2015-16 the majority of funding previously provided to the Attorney-General's Department for community legal services will be provided through the National Partnership Agreement on Legal Assistance Services, see Portfolio Budget Statements 2015-16, Attorney-General's Portfolio, p. 30.

[33]      Correspondence from Mr Chris Moraitis PSM, Secretary, Attorney-General's Department, to the Secretary of the Senate Finance and Public Administration References Committee, dated 5 May 2015.

[34]      Portfolio Budget Statements 2015-16, Attorney-General's Portfolio, p. 33.

[35]      Source Portfolio Budget Statements 2016-17, Attorney-General's Portfolio, p. 20.

[36]      J. Murphy and M. Brennan, Legal aid and legal assistance services, Parliamentary Library Budget Review 2016-17.

[37]      Mr Greg Manning, Acting Deputy Secretary, Civil Justice and Legal Services Group, Attorney-General's Department, Senate Legal and Constitutional Affairs Legislation Committee, Estimates Hansard, 20 October 2015, p. 82. See also Ms Quinn, Attorney-General's Department, Committee Hansard, 4 April 2016, p. 26.

[38]      Committee Hansard, 4 April 2016, p. 27.

[39]      Committee Hansard, 4 April 2016, p. 29.

[40]      See National Family Violence Prevention Legal Services submission to the Senate Finance and Public Administration References Committee's inquiry into the Indigenous Advancement Strategy tendering processes, Submission 83, p. 4.

[41]      Senate Finance and Public Administration References Committee, Inquiry into Domestic Violence in Australia, Committee Hansard, 5 November 2014, p. 38.

[42]      Senate Finance and Public Administration References Committee Inquiry into Commonwealth Indigenous Advancement Strategy tendering processes, National Family Violence Prevention Legal Services, Submission 83, p. 5.

[43]      Senate Finance and Public Administration References Committee Inquiry into Commonwealth Indigenous Advancement Strategy tendering processes, National Family Violence Prevention Legal Services, Submission 83, p. 5.

[44]      Budget 2013-14 – Budget Measures, Budget Paper No. 2, p. 90.

[45]      Budget 2014-15 – Budget Measures Budget Paper No. 2, p. 60.

[46]      Mid-Year Economic and Fiscal Outlook 2013-14, p. 119.

[47]      Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates 2013-14, Attorney-General's Portfolio, question 19.

[48]      Senator the Hon George Brandis QC, Attorney-General, and Senator the Hon Michaelia Cash, Minister Assisting the Prime Minister for Women, Legal aid funding assured to support the most vulnerable in our community, Media Release, 26 March 2015 (accessed 19 November 2015).

[49]      Senator the Hon George Brandis QC, Attorney-General, and Senator the Hon Michaelia Cash, Minister Assisting the Prime Minister for Women, 'Legal aid funding assured to support the most vulnerable in our community', Media Release, 26 March 2015 (accessed 19 November 2015). The $25.5 million in restored funding comprises: $11.5 million for the Indigenous Legal Assistance Program; $12 million for Community Legal Services Program; and $2 million for the Expensive Commonwealth Criminal Cases Fund. The $1.327 billion includes the $1.3 billion for the National Partnership Agreement on Legal Assistance Services discussed above. See also, Senator the Hon George Brandis QC, Attorney-General, Attorney-General's Portfolio Budget measures 2015-16, Media release, 12 May 2015 (accessed 19 November 2015).

[50]      Submission 42, p. 6.

[51]      Senate Finance and Public Administration References Committee Inquiry into the Indigenous Advancement Strategy tendering processes, Committee Hansard, 16 February 2016, p. 14.

[52]      Committee Hansard, 4 August 2015, p. 24.

[53]      The Allen Consulting Group, Review of the National Partnership Agreement on Legal Assistance Services: Final Report, prepared for the Australian Government Attorney-General's Department, p. 43.

[54]      Australian Government, Productivity Commission, Access to Justice Arrangements, Inquiry Report No. 72, 5 September 2014, p. 63.

[55]      Australian Government, Productivity Commission, Access to Justice Arrangements, Inquiry Report No. 72, 5 September 2014, pp 30-31.

[56]      See https://www.ag.gov.au/LegalSystem/Documents/Government-response-to-Productivity-Commissions-report.pdf (accessed 5 October 2016). Note: the document indicates that the table lists the recommendations that the Australian Government has implemented, or is in the process of implementing.

[57]      See https://www.ag.gov.au/LegalSystem/Pages/response-to-report-into-access-to-justice-arrangements.aspx (accessed 5 October 2016)

[58]      The Redfern Statement, p. 11.

[59]      Committee Hansard, 4 April 2016, pp 33-34.

[60]      Committee Hansard, 4 April 2016, p. 15.

[61]      Australian National Audit Office, Administration of the Indigenous Legal Assistance Program: Attorney-General's Department, Report No. 22 of 2014-15, p. 16.

[62]      Senate Finance and Public Administration References Committee Inquiry into the Indigenous Advancement Strategy tendering processes, Committee Hansard, 16 February 2016, p. 15.

[63]      Committee Hansard, 23 September 2015, p. 32.

[64]      Productivity Commission, Access to Justice Arrangements, 2014, Vol 1, Recommendation 22.4, p. 66.

[65]      Committee Hansard, 4 April 2016, p. 15.

[66]      National Indigenous Law and Justice Framework 2009-2015, p. 4.

[67]      National Indigenous Law and Justice Framework 2009-2015, p. 7.

[68]      National Indigenous Law and Justice Framework 2009-2015, p. 4.

[69]      Committee Hansard, 4 April 2016, p. 15.

[70]      Attorney-General's Department, answers to questions on notice, received 13 April 2016, p. 2.

[71]      Attorney-General's Department, answers to questions on notice, received 13 April 2016, p. 2.

[72]      Attorney-General's Department, answers to questions on notice, received 13 April 2016, pp 2-3.

Chapter 3 - Unmet legal needs and barriers to legal assistance

[1]        Submission 19, p. 2. Emphasis in original.

[2]        Submission 19, p. 5. See also Public Interest Advocacy Centre, Submission 17, pp 6-7.

[3]        Submission 35, p. 2.

[4]        Submission 31, p. 5.

[5]        Senate Finance and Public Administration References Committee Inquiry into the Indigenous Advancement Strategy tendering processes, Committee Hansard, 16 February 2016, p. 14.

[6]        Committee Hansard, 4 August 2015, p. 24.

[7]        Committee Hansard, 4 August 2015, pp 47-48.

[8]        Submission 46, p. 13.

[9]        Submission 3, p. 2.

[10]      Committee Hansard, 23 September 2015, p. 26.

[11]      Submission 41, p. 27.

[12]      Productivity Commission, Access to Justice Arrangement, 2014, Vol 2, pp 762-766.

[13]      Australian National Audit Office, Administration of the Indigenous Legal Assistance Program: Attorney-General's Department, Report No. 22 of 2014-15, p. 13.

[14]      Submission 42, pp 2-3. See also Redfern Legal Centre, Submission 30, p. 4.

[15]      Submission 10, p. 5.

[16]      Submission 41, p. 12.

[17]      Submission 19, p. 5.

[18]      Committee Hansard, 23 September 2015, p. 28.

[19]      Submission 13, p. 6.

[20]      Submission 19, p. 3.

[21]      Committee Hansard, 23 September 2015, p. 28.

[22]      Committee Hansard, 23 September 2015, pp 28-29.

[23]      Submission 3, pp 2-3.

[24]      Submission 29, pp 24-25.

[25]      Committee Hansard, 23 September 2015, p. 30.

[26]      Committee Hansard, 23 September 2015, p. 30. Ms McCaughan noted that the Australian Securities and Investment Commission has a current review which incorporates consideration of this matter.

[27]      Submission 13, p. 3, citing data from Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage, Key Indicators 2014 Report, Figure A3.2.

[28]      Submission 31, p. 4.

[29]      Submission 46, p. 12.

[30]      Submission 46, p. 12.

[31]      Submission 22, p. 6.

[32]      Submission 19, p. 5.

[33]      Submission 13, p. 7. See also Western Australian Council of Social Service, Submission 25, p. 3.

[34]      Submission 23, p. 3.

[35]      Submission 31, p. 3.

[36]      Committee Hansard, 4 August 2015, p. 36.

[37]      Committee Hansard, 4 August 2015, p. 36.

[38]      Submission 37, p. 3.

[39]      Submission 13, p. 8. See also Northern Territory Anti-Discrimination Commission, Submission 23, p. 3.

[40]      Submission 36, p. 4. See also Hunter Legal Community Centre, Submission 22, p. 4.

[41]      Committee Hansard, 23 September 2015, p. 29.

[42]      Committee Hansard, 23 September 2015, p. 29.

[43]      Committee Hansard, 23 September 2015, p. 29.

[44]      Submission 5, p. 7.

[45]      Submission 40, p. 7.

[46]      Submission 40, p. 4.

[47]      See, for example, National Aboriginal and Torres Strait Islander Legal Services (NATSILS), Submission 13, pp 5 and 6-7; Victoria Legal Aid, Submission 35, pp 3-4; Kingsford Legal Centre, Submission 38, p. 9.

[48]      Submission 5, p. 7.

[49]      Submission 5, p. 7. See also Indigenous Legal Needs Project, Submission 19, p. 9; Northern Territory Anti-Discrimination Commission, Submission 23, p. 3.

[50]      Submission 37, p. 5.

[51]      See for example Kingsford Legal Centre, Submission 38, p. 3.

[52]      Committee Hansard, 23 September 2015, p. 28.

Chapter 4 - Imprisonment of Aboriginal and Torres Strait Islanders

[1]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015. The total prison population of 36,134 prisoners includes both sentenced and unsentenced prisoners. In all states and territories with the exception of Queensland, persons remanded or sentenced to adult custody are aged 18 years and over. Persons under 18 years are treated as juveniles in most Australian courts and are only remanded or sentenced to custody in adult prisons in exceptional circumstances. In Queensland, 'adult' refers to persons aged 17 years and over.

[2]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[3]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[4]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[5]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015. The figures used in relation to imprisonment rates are the age standardised rates. Age standardisation adjusts the crude imprisonment rate to account for age differences between populations. The differing age profiles between Aboriginal and Torres Strait Islanders and the non-Indigenous population (the former having a much younger population) means that using crude rates may lead to erroneous conclusions being drawn about variable that are correlated with age, see Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[6]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[7]        This data is extracted from the Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[8]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[9]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015. In 2015, the imprisonment rate for Aboriginal and Torres Strait Islanders in the ACT was 1,473.9 prisoners per 100,000 adults and for the non-Indigenous population the imprisonment rate was 101.5 prisoners per 100,000 adults. However, as the table in Appendix 3 demonstrates, there is greater variability year to year in the ratio of Indigenous prisoners in the ACT than in other states and the NT.

[10]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015. In 2015, the imprisonment rates in the NT were 2,471.1 prisoners per 100,000 Aboriginal and Torres Strait Islander population compared with 179.6 prisoners per 100,000 adults for the non-Indigenous population.

[11]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[12]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[13]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[14]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[15]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[16]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[17]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[18]      Submission 5, p. 5. See also Law Council of Australia, Submission 41, p. 12.

[19]      Submission 14, p. 18.

[20]      Australian Institute of Health and Welfare (AIHW), Youth justice in Australia 14-15, Bulletin 133, April 2016, p. 1. Young people can be charged with a criminal offence if they are aged 10 and older. The upper age limit for treatment as a young person is 17 in all states and territories except Queensland, where the limit is 16. However, some young people aged 18 and older are also involved in the youth justice system. This may be due to the offence being committed when the young person was aged 17 or younger; the continuation of supervision once they turn 18; or their vulnerability or immaturity. Young people may be supervised either in their communities or in secure detention facilities. See AIHW, Youth justice in Australia 2014-15, Bulletin 133, April 2016, p. 3.

[21]      AIHW, Youth justice in Australia 2014-15, Bulletin 133, April 2016, p. 7. References to tables and figures have been removed from this quote.

[22]      AIHW, Youth justice in Australia 2014-15, Bulletin 133, April 2016, p. 7.

[23]      See AIHW, Youth justice in Australia 2014-15, Bulletin 133, April 2016, p. 8.

[24]      AIHW, Youth detention population in Australia 2015, Bulletin 131, December 2015, p. 12. Young people may be detained in secure detention facilities while they are unsentenced—that is, while awaiting the outcome of their court matter, or while awaiting sentencing after being found or pleading guilty. They may also be in sentenced detention when they have been proven guilty in court and have received a legal order to serve a period of detention, see AIHW, Youth detention population in Australia 2015, Bulletin 131, December 2015, p. 4.

[25]      AIHW, Youth justice in Australia 2014-15, Bulletin 133, April 2016, p. 9. References to tables and figures have been removed from this quote.

[26]      Submission 5, p. 7.

[27]      Committee Hansard, 4 April 2016, p. 16.

[28]      Submission 12, Attachment 1, p. 59.

[29]      Submission 12, Attachment 1, p. 76.

[30]      Submission 13, pp 18-19.

[31]      Submission 13, p. 19.

[32]      Submission 13, p. 19.

[33]      Submission 5, p. 8.

[34]      Submission 5, p. 7.

[35]      Submission 5, p. 8.

[36]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 19.

[37]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 19. See also Western Australian Council of Social Services, Submission 25, Attachment 1, p. 50.

[38]      Submission 15, p. 16.

[39]      See Australian Institute of Health and Welfare website, Juvenile Justice National Minimum Data Set (JJ NMDS) background, available at: http://www.aihw.gov.au/youth-justice/jj-nmds-background/. The following information is collected for the JJ NMDS: Characteristics of young people under juvenile supervision: age, sex, Indigenous status, age at first supervision; Supervised orders: order start and end dates, end reason, order type; Detention periods: start and end dates, end reason and detention type.

[40]      Submission 39, p. 14.

[41]      Submission 9, p. 2.

[42]      Committee Hansard, 4 August 2015, p. 4.

[43]      Submission 9, p. 2.

[44]      Committee Hansard, 4 August 2015, p. 7.

[45]      Committee Hansard, 4 April 2016, p. 30.

[46]      Committee Hansard, 4 April 2016, p. 30.

[47]      Committee Hansard, 4 April 2016, p. 30.

[48]      Committee Hansard, 4 April 2016, pp 30-31.

[49]      Attorney-General's Department, answers to questions on notice, received 13 April 2016, p. 1.

[50]      Council of Australian Governments website, Closing the Gap in Indigenous Disadvantage, available at: www.coag.gov.au/closing_the_gap_in_indigenous_disadvantage (accessed 26 November 2015).

[51]      Australian Human Rights Commission, Social Justice and Native Title Report 2014, pp 117-118.

[52]      Australian Human Rights Commission, Social Justice Report 2009, p. 53.

[53]      Australian Human Rights Commission, Social Justice Report 2009, pp 53-54.

[54]      Australian Human Rights Commission, Social Justice Report 2009, p. 54.

[55]      House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time – Time for Doing: Indigenous youth in the criminal justice system, June 2011, pp 23-25, 40.

[56]      Standing Committee of Attorneys-General, Communiqué, 21 and 22 July 2011, p. 2 (accessed 1 December 2015).

[57]      Senate Legal and Constitutional Affairs References Committee, Value of a justice reinvestment approach to criminal justice in Australia, June 2013, pp 122-123, 125.

[58]      The Hon Jenny Macklin MP, Minister for Indigenous Affairs, Closing the Gap, Media release, 9 August 2013 (accessed 1 December 2015).

[59]      Senator the Hon Nigel Scullion, Shadow Minister for Indigenous Affairs, Labor's Indigenous Affairs plans short on results, Media release, 9 August 2013 (accessed 1 December 2015).

[60]      Australian Human Rights Commission, Social Justice and Native Title Report 2014, p. 117.

[61]      Senate Finance and Public Administration Legislation Committee, Estimates Hansard, 12 February 2016, p. 43.

[62]      Senate Finance and Public Administration Legislation Committee, Estimates Hansard, 12 February 2016, p. 43.

[63]      Submission 5, Appendix B, p. 31.

[64]      Submission 5, Appendix B, p. 32.

[65]      Submission 5, Appendix B, p. 37.

[66]      Submission 17, pp 18-19. See also Tenancy WA, Submission 32, p. 14; Amnesty International, Submission 39, pp 15-16.

[67]      Submission 42, p. 10.

[68]      Submission 19, p. 11.

[69]      Submission 40, p. 18.

[70]      Submission 40, p. 18.

[71]      Submission 13, p. 23.

[72]      Submission 13, pp 23-24.

[73]      Submission 40, p. 18. See also Amnesty International, Submission 39, p. 15; Law Council of Australia, Submission 41, p. 28.

[74]      Submission 39, p. 15. See also Law Council of Australia, Submission 41, p. 28.

Chapter 5

[1]        See National Aboriginal and Torres Strait Islander Legal Services (NATSILS), Submission 13, p. 16; and Aboriginal Legal Service of Western Australia, Submission 10, p. 21.

[2]        Submission 10, p. 21.

[3]        Submission 10, pp 21-22. See also National Aboriginal and Torres Strait Islander Legal Services (NATSILS), Submission 13, p. 16; and Chief Justice Wayne Martin, Committee Hansard, 4 August 2015, p. 30.

[4]        Submission 5, p. 4.

[5]        Submission 5, pp 4-5.

[6]        Submission 5, p. 5.

[7]        Weatherburn, D., Arresting Incarceration – Pathways out of Indigenous Imprisonment, Aboriginal Studies Press, 2014, p. 86.

[8]        Weatherburn, D., Arresting Incarceration – Pathways out of Indigenous Imprisonment, Aboriginal Studies Press, 2014, pp 86-87.

[9]        Law Council of Australia, Value of a Justice Reinvestment Approach to Criminal Justice in Australia, submission to the Senate Legal and Constitutional Affairs References Committee for its inquiry into the value of a justice reinvestment approach to criminal justice in Australia, 22 March 2013, p. 15.

[10]      Committee Hansard, 4 August 2015, p. 39.

[11]      Submission 48, p. 2.

[12]      Submission 48, p. 2.

[13]      Submission 49, p. 4.

[14]      Submission 49, pp 4-5.

[15]      Committee Hansard, 23 September 2015, p. 7.

[16]      Committee Hansard, 23 September 2015, p. 8.

[17]      Supplementary Submission 39, Amnesty International Australia, A brighter tomorrow: Keeping Indigenous kids in the community and out of detention in Australia, May 2015, p. 29.

[18]      Committee Hansard, 23 September 2015, p. 7.

[19]      Committee Hansard, 23 September 2015, p. 10.

[20]      Submission 48, p. 3.

[21]      Committee Hansard, 23 September 2015, p. 8.

[22]      Committee Hansard, 23 September 2015, p. 1.

[23]      House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: The Hidden Harm, November 2012, p. 137. See also Gilbert+Tobin Lawyers, Submission 49, p. 5.

[24]      Submission 31, p. 14.

[25]      See Gilbert+Tobin Lawyers, Submission 49, pp 5-6. See also House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: The Hidden Harm, November 2012, pp 136-139.

[26]      Committee Hansard, 23 September 215, p. 2. Mandatory sentencing regimes are discussed later in this chapter in the context of structural bias.

[27]      Senate Legal and Constitutional References Committee, Inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Committee Hansard, 17 April 2013, p. 5.

[28]      Senate Legal and Constitutional Affairs References Committee, Inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Committee Hansard, 17 April 2013, p. 5.

[29]      See Department of Health, Answers to questions on notice: Question No. 1, received 8 April 2016.

[30]      Department of Health, Answers to questions on notice: Question No. 1, received 8 April 2016.

[31]      Department of Health, Answers to questions on notice: Question No. 7, received 8 April 2016.

[32]      Department of Health, Answers to questions on notice: Question No. 7, received 8 April 2016.

[33]      Department of Health, Answers to questions on notice: Question No. 1, received 8 April 2016.

[34]      Department of Health, Answers to questions on notice: Question No. 1, received 8 April 2016.

[35]      Department of Health, Answers to questions on notice: Question No. 4, received 8 April 2016.

[36]      Department of Health, Answers to questions on notice: Question No. 4, received 8 April 2016.

[37]      Department of Health, Answers to questions on notice: Question No. 4, received 8 April 2016. The Department of Health notes that a further $414 000 in funding was provided to FARE for the period 2013-2014 to 2016-2017 for the continuation of the 'What Women Want to Know Project', although this program is due to cease in June 2016, see Answers to questions on notice: Question No. 1 and 4, received 8 April 2016.

[38]      TenancyWA, Submission 32, p. 10.

[39]      Submission 32, p. 11.

[40]      Submission 32, pp 6-7.

[41]      Submission 32, p. 11.

[42]      Committee Hansard, 4 August 2015, p. 48

[43]      Committee Hansard, 4 August 2015, p. 49.

[44]      Submission 1, pp 8-9.

[45]      Committee Hansard, 4 August 2015, p. 31.

[46]      Submission 13, p. 16.

[47]      Law Council of Australia, Policy Discussion Paper on Mandatory Sentencing, May 2014, p. 9.

[48]      Since May 2014, the Western Australian Parliament has passed the Criminal Law Amendment (Home Burglary and Other Offences) Act 2015 which introduced mandatory minimum penalties of up to 15 years for people who committed a serious crime, such as rape or murder, during an aggravated burglary, see Law Council of Australia, Submission 41, p. 14.

[49]      Law Council of Australia, Policy Discussion Paper on Mandatory Sentencing, May 2014, p. 9. Since May 2014, WA has passed legislation expanding the mandatory sentencing regime in that state, namely the Criminal Law Amendment (Home Burglary and Other Offences) Act 2015 (WA), which is discussed further later in this chapter.

[50]      Submission 41, pp 12-13.

[51]      Submission 13, p. 14. See also: Queensland Association of Independent Legal Services, Submission 8, p. 14.

[52]      Submission 14, p. 5.

[53]      Submission 14, p. 5.

[54]      Submission 5, p. 5.

[55]      Submission 42, p. 8.

[56]      Submission 44, p. 3.

[57]      Submission 30, p. 6

[58]      Law Council of Australia, Policy Discussion Paper on Mandatory Sentencing, May 2014, p. 11.

[59]      See, for example, Mr Mick Gooda, Aboriginal and Torres Strait Islander Justice Commissioner, Submission 5, p. 6; Amnesty International, Supplementary Submission 39, A brighter tomorrow: Keeping Indigenous kids in the community and out of detention in Australia, May 2015, p. 17; National Justice Coalition, Submission 40, p. 9; Law Council of Australia, Submission 41, p. 12.

[60]      Committee Hansard, 4 August 2015, pp 6-7.

[61]      Committee Hansard, 4 August 2015, p. 7.

[62]      Committee Hansard, 4 August 2015, p. 7.

[63]      Committee Hansard, 4 August 2015, p. 7.

[64]      Submission 13, p. 15.

[65]      Submission 13, p. 15.

[66]      Committee Hansard, 4 August 2015, p. 32.

[67]      Committee Hansard, 4 August 2015, p. 32.

[68]      Submission 46, p. 23.

[69]      Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015. See also the joint submission of the North Australian Aboriginal Justice Agency and the Central Australian Aboriginal Legal Aid Service, which states: 'The overwhelming majority of NT prisoners are serving short sentences or are in custody having been refused bail. One-quarter of prisoners are unsentenced or on remand having been refused bail', Submission 31, p. 9.

[70]      Submission 41, p. 16. See also Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner, Submission 5, Appendix A, p. 28.

[71]      Committee Hansard, 4 August 2015, pp 30-31.

[72]      Submission 13, p. 18.

[73]      Submission 39, p. 11.

[74]      See Queensland Association of Independent Legal Services, Submission 8, Attachment: Balanced Justice, Detention and bail for children, p. 2.

[75]      Submission 17, pp 11 and 12.

[76]      Committee Hansard, 4 August 2015, p. 5.

[77]      Committee Hansard, 4 August 2015, p. 5.

[78]      Committee Hansard, 4 August 2015, pp 5-6.

[79]      Queensland Association of Independent Legal Services, Submission 8, Attachment: Balanced Justice, Detention and bail for children, p. 3.

[80]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 36.

[81]      Queensland Association of Independent Legal Services, Submission 8, Attachment: Balanced Justice, Detention and bail for children, p. 2.

[82]      Submission 1, p. 12.

[83]      Submission 30, p. 6.

[84]      Committee Hansard, 23 September 2015, p. 53.

[85]      Submission 30, pp 6-7.

[86]      Submission 30, p. 7.

[87]      Submission 17, p. 15.

[88]      Committee Hansard, 4 August 2015, p. 20.

[89]      Committee Hansard, 4 August 2015, p. 21.

Chapter 6 - Current Programs

[1]        Submission 14, p. 19.

[2]        Submission 14, p. 19. See also Chief Justice Wayne Martin, Submission 1, p. 11.

[3]        Committee Hansard, 4 April 2016, p. 16. See also National Aboriginal and Torres Strait Islander Legal Services (NATSILS), Submission 13, p. 18.

[4]        Committee Hansard, 23 September 2015, p. 34.

[5]        Submission 36, p. 8.

[6]        Committee Hansard, 23 September 2015, p. 34.

[7]        Committee Hansard, 23 September 2015, p. 35.

[8]        Committee Hansard, 23 September 2015, p. 35.

[9]        Committee Hansard, 23 September 2015, pp 35-36.

[10]      Ms Monique Hitter, Executive Director, Civil Law Division, Legal Aid NSW, Committee Hansard, 23 September 2015, p. 34.

[11]      Aboriginal Legal Service (NSW/ACT) website, Custody Notification Service, available at: www.alsnswact.org.au/pages/custody-notification-service (accessed 10 March 2016).

[12]      Sarah Gerathy, 'Rebecca Maher: Family friend calls for answers about death in custody at Maitland', ABC News, 17 August 2016.

[13]      Committee Hansard, 23 September 2015, p. 52.

[14]      Aboriginal Legal Service (NSW/ACT), 'Save the Custody Notification Service (CNS) and prevent Aboriginal deaths in police cell custody', Media release, 3 June 2015 (accessed 10 March 2016).

[15]      Aboriginal Legal Service (NSW/ACT), 'Save the Custody Notification Service (CNS) and prevent Aboriginal deaths in police cell custody', Media release, 3 June 2015 (accessed 10 March 2016).

[16]      Aboriginal Legal Service (NSW/ACT), 'Save the Custody Notification Service (CNS) and prevent Aboriginal deaths in police cell custody', Media release, 3 June 2015 (accessed 10 March 2016).

[17]      Aboriginal Legal Service (NSW/ACT), 'Save the Custody Notification Service (CNS) and prevent Aboriginal deaths in police cell custody', Media release, 3 June 2015 (accessed 10 March 2016).

[18]      Sarah Whyte, Fergus Hunter, 'The fight to save phone line helping prevent Aboriginal deaths in Custody', The Canberra Times, 1 July 2015.

[19]      Aboriginal Legal Service (NSW/ACT), 'CNS funded for six months', Media release, 6 July 2015 (accessed 10 March 2016).

[20]      Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, $1.8m for NSW Custody Notification Service, 1 December 2015.

[21]      Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, $1.8m for NSW Custody Notification Service, 1 December 2015.

[22]      Calla Wahlquist, Indigenous people in West Australia's prisons to get 24/7 legal advice, The Guardian, 25 June 2015 (accessed 10 March 2016).

[23]      Deaths in Custody Watch Committee, Indigenous prisoners in policy custody get 24-hout counselling hotline, 18 February 2016 (accessed 10 March 2016).

[24]      Committee Hansard, 23 September 2015, p. 52.

[25]      Committee Hansard, 23 September 2015, p. 19.

[26]      Committee Hansard, 23 September 2015, p. 43.

[27]      Committee Hansard, 23 September 2015, p. 43.

[28]      Committee Hansard, 23 September 2015, p. 43.

[29]      Committee Hansard, 23 September 2015, p. 22.

[30]      Committee Hansard, 23 September 2015, p. 23.

[31]      Committee Hansard, 23 September 2015, p. 23.

[32]      Committee Hansard, 23 September 2015, p. 43.

[33]      Committee Hansard, 23 September 2015, p. 43.

[34]      Committee Hansard, 23 September 2015, pp 47-48.

[35]      Mr Adam Schreiber, Principal Manager, Aboriginal Strategy and Policy Unit, Corrective Services New South Wales, Committee Hansard, 23 September 2015, p. 44.

[36]      Submission 47, p. 1.

[37]      Committee Hansard, 4 August 2015, p. 15.

[38]      Submission 47, p. 4

[39]      Submission 47, p. 2.

[40]      Submission 47, p. 2.

[41]      Submission 47, p. 3.

[42]      Committee Hansard, 4 August 2015, pp 13-14.

[43]      Committee Hansard, 4 August 2015, p. 16.

[44]      Committee Hansard, 4 August 2015, p. 16.

[45]      Committee Hansard, 4 August 2015, p. 16.

[46]      Committee Hansard, 4 August 2015, p. 16.

[47]      Committee Hansard, 4 August 2015, p. 16.

[48]      Mr Schreiber, Corrective Services New South Wales, Committee Hansard, 23 September 2015, p. 48.

[49]      Committee Hansard, 23 September 2015, p. 23.

[50]      Mr Schreiber, Corrective Services New South Wales, Committee Hansard, 23 September 2015, p. 48.

[51]      Committee Hansard, 23 September 2015, p. 23.

Chapter 7 - Alternatives to imprisonment

[1]        Submission 1, p. 10, Submission 25, p. 46, Submission 39, p. 15, Submission 40, p. 15, Submission 41, p. 27. 

[2]        Submission 13, p. 20.

[3]        Submission 13, p. 21.

[4]        Submission 8, p. 10.

[5]        Committee Hansard, 4 August 2015, p. 22.

[6]        Committee Hansard, 4 August 2015, p. 38.

[7]        Submission 27, p. 5.

[8]        WA Parliament Community Development and Justice Standing Committee inquiry ‘Making our prisons work’: An inquiry into the efficiency and effectiveness of prisoner education, training and employment strategies (November, 2010), p. 100.

[9]        Committee Hansard, 4 August 2015, pp 6 and 9.

[10]      Committee Hansard, 23 September 2015, p. 4.

[11]      Submission 42, p. 8.

[12]      Submission 42, p. 9.

[13]      Committee Hansard, 4 August 2015, Ms Tammy Solonec, p. 4, Mr Chris Twomeny, p. 44, WA Supreme Court Chief Justice, Wayne Martin, p. 33.

[14]      Law Reform Commission of Western Australia, Final Report, Aboriginal Customary Laws, The interaction of Western Australia law with Aboriginal law and culture, September 2006, pp. 202-203.

[15]      Recommendation 50, p. 204. [Recommendation 17 of the WALRC's report dealt with the establishment of community justice groups.]

[16]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 5. See also Kimberley Aboriginal Law and Cultural Centre, Submission 6, p. 1.

[17]      Committee Hansard, 4 August 2015, p. 33.  See also Chief Justice Wayne Martin, Submission 1, p. 15; Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 5.

[18]      Committee Hansard, 4 August 2015, p. 4.

[19]      Committee Hansard, 23 September 2015, p. 39.

[20]      Yiriman Project website, Yiriman Story, available at: www.yiriman.org.au/yiriman-story/ (accessed 29 March 2016).

[21]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 29.

[22]      Submission 5, p. 8.

[23]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 30, quoting from Productive Commission, Overcoming Indigenous Disadvantage Report 2014.

[24]      Committee Hansard, 23 September 2015, p. 38.

[25]      Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 30.

[26]      Committee Hansard, 23 September 2015, p. 38.

[27]      NSW Government Justice, Balund-a (Tabulam), available at www.correctiveservices.justice.nsw.gov.au/Pages/CorrectiveServices/Community%20Corrections/offender-management-in-the-community/balund-a_tabulam.aspx
(accessed 31 March 2016).

[28]      Committee Hansard, 23 September 2015, p. 43.

[29]      Committee Hansard, 23 September 2015, p. 43-44.

[30]      Submission 24, p. 24, Submission 41, p. 12, Submission 43, p. 3, Supplementary Submission 39, Amnesty International Australia, There is always a brighter future: Keeping Indigenous kids in the community and out of detention in Western Australia, June 2015, p. 36.

[31]      Submission 46, p. 9.

[32]      See University of New South Wales, Australian Justice Reinvestment Project, Fact sheet: Justice Reinvestment Basics, available at http://justicereinvestment.unsw.edu.au/node/71, (accessed 31 March 2016); and Law Council of Australia submission to the Senate Legal and Constitutional Affairs References Committee's inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Submission 78, p. 5.

[33]      Law Council of Australia submission to the Senate Legal and Constitutional Affairs References Committee's inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Submission 78, p. 5.

[34]      Submission 12, p. 5.

[35]      University of New South Wales, Australian Justice Reinvestment Project, Fact sheet: Justice Reinvestment Basics, available at http://justicereinvestment.unsw.edu.au/node/71, (accessed 31 March 2016); and Submission 11, pp 9-11.

[36]      Australian Human Rights Commission, Social Justice and Native Title Report 2014, p. 103.

[37]      Submission 41, p. 24.

[38]      Submission 12, p. 6.

[39]      Submission 11, pp 11-12.

[40]      Law Council of Australia, Submission 41, p. 5. Note: In 2006 the Council of State Governments Justice Centre began promoting justice reinvestment and by 2014, 14 US States had implemented it in some form (see Submission 41, p. 22).

[41]      Submission 41, p. 23.

[42]      Submission 41, pp 23-24.

[43]      Law Council of Australia submission to the Senate Legal and Constitutional Affairs References Committee's inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Submission 78, p. 9.

[44]      Submission 12, p. 6.

[45]      Submission 41, p. 24.

[46]      Submission 41, p. 24.

[47]      Submission 41, p. 24.

[48]      Submission 41, p. 24.

[49]      New Zealand Department of Corrections 'Maori Focus Units' https://www.hrc.co.nz/your-rights/social-equality/our-work/fair-go-all/maori-focus-units/ (accessed 23/03/2016).

[50]      Senate Legal and Constitutional Affairs References Committee, Access to justice, December 2009 p. xxiii. Recommendation 1 of the report was: The committee recommends that the federal, state and territory governments jointly fund a comprehensive national survey of demand and unmet need for legal assistance services in Aboriginal and Torres Strait Islander communities, with particular identification of rural, regional and remote communities and Indigenous women's needs, to be jointly undertaken with state/territory legal aid commissions, community legal centres, Aboriginal legal services, National Legal Aid and the Law and Justice Foundation NSW.

[51]      Government response to Senate Legal and Constitutional Affairs References Committee Report 'Access to Justice', December 2009, p. 21.

[52]      See Senate Legal and Constitutional Affairs References Committee, Value of a justice reinvestment approach to criminal justice in Australia, June 2013, p. 44.

[53]      Recommendations 5 and 6, Senate Legal and Constitutional Affairs References Committee, Value of a justice reinvestment approach to criminal justice in Australia, June 2013, p. xi.

[54]      Submission 44, p. 4.

[55]      Australian Human Rights Commission, Social Justice and Native Title Report 2014, p. 108.

[56]      Law Council of Australia submission to the Senate Legal and Constitutional Affairs References Committee's inquiry into the value of a justice reinvestment approach to criminal justice in Australia, Submission 78, p. 15.

[57]      Submission 42, p. 9.

[58]      Submission 42, p. 9.

[59]      Submission 42, pp 9-10.

[60]      Submission 33, p. 6.

[61]      Submission 5, p. 21.

[62]      Submission 11, p. 1.

[63]      Committee Hansard, 4 April 2016, p. 8.

[64]      Submission 22, pp. 46-47. 

[65]      Committee Hansard, 4 April 2016, p. 2.

[66]      Committee Hansard, 4 April 2016, p. 2.

[67]      Committee Hansard, 4 April 2016, p. 11.

[68]      Justice reinvestment in Bourke, http://www.justreinvest.org.au/justice-reinvestment-in-bourke/ (accessed 6 April 2016).

[69]      Justice reinvestment in Bourke, http://www.justreinvest.org.au/justice-reinvestment-in-bourke/ (accessed 6 April 2016).

[70]      Committee Hansard, 4 April 2016, p. 10.

[71]      Reducing Incarceration using Justice Reinvestment: an exploratory case study, http://ncis.anu.edu.au/cowra/, (accessed 23/03/2016).

[72]      Submission 5, p. 26.

[73]      Submission 5, p. 25.

[74]      South Australia Attorney-General's Department 'Justice Reinvestment', http://www.agd.sa.gov.au/initiatives/more-our-initiatives/justice-reinvestment (accessed 22/03/2016).

[75]      Submission 50, p. 1. The Agreement was in response to a joint report launched in 2008 by the ACT Council of Social Services/Aboriginal Justice Centre entitled Circles of Support: Towards Indigenous Justice: Prevention, Diversion and Rehabilitation..

[76]      Submission 50, p. 5.

[77]      Submission 50, p. 5.

Chapter 8 - Committee view and recommendations

[1]        Mr Wes Morris, Coordinator; Committee Hansard, 23 September 2015, p. 37.

[2]        Law Council of Australia, Submission 41, p. 27.

[3]        Australian Government, Productivity Commission, Access to Justice Arrangements, Inquiry Report No. 72, 5 September 2014, p. 63.

[4]        Australian Government, Productivity Commission, Access to Justice Arrangements, Inquiry Report No. 72, 5 September 2014, pp 30-31.

[5]        Redfern Statement, p. 11.

[6]        Committee Hansard, 4 August 2015, p. 32.

[7]        Ms Elizabeth Quinn, Assistant Secretary, Legal Assistance Branch, Attorney-General's Department, Committee Hansard, 4 April 2016, p. 30. 

[8]        See COAG Communiqué, 1 April 2016, p. 3. Available at: www.coag.gov.au/sites/default/files/COAG_Communique.pdf.

[9]        Australian Government, Department of Health, Australian Guide to the diagnosis of Fetal Alcohol Spectrum Disorder (FASD), April 2016.

[10]      Sarah Gerathy, 'Rebecca Maher: Family friend calls for answers about death in custody at Maitland', ABC News, 17 August 2016.

[11]      See Senate Legal and Constitutional Affairs Legislation Committee, Attorney-General's Department's answer to question on notice No. 63, Budget Estimates 2015.

[12]      The Hon Malcolm Turnbull MP, Prime Minister of Australia, 'Royal Commission into the Child Protection and Youth Detention Systems of the Northern Territory, Joint Press Release with Senator the Hon George Brandis QC, the Attorney-General, 28 July 2016.

Additional and dissenting comments from government senators

[1]        Senator the Hon. Nigel Scullion, Minister for Indigenous Affairs, Senate Hansard, 13 September 2016, p. 12.

[2]        Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf, (accessed 2 September 2016)

[3]        The Hon Malcolm Turnbull MP, Prime Minister, House of Representatives Hansard, 10 February 2016, pp 1171-1175.

[4]        The Hon Malcolm Turnbull MP, Prime Minister, House of Representatives Hansard, 10 February 2016, p. 1174.

[5]        The Hon Malcolm Turnbull MP, Prime Minister, House of Representatives Hansard, 10 February 2016, pp 1174-1175.

[6]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

[7]        AIHW, Youth justice in Australia 2013-14, Bulletin 127, April 2015, p. 7. References to tables and figures have been removed from this quote.

[8]        Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 51.

[9]        Submission 8, p. 4.

[10]      Submission 1, pp 7-8.

[11]      Weatherburn, D, Arresting Incarceration-Pathways out of Indigenous Imprisonment, Aboriginal Studies Press, 2014, pp 86-87.

[12]      Submission 14, p. 11, see also Roz Parker, ´Aboriginal and Torres Strait Islander mental health: an overview´ In Nola Pudie, Pat Dudgeon and Roz Walker (eds), Working together: Aboriginal and Torres Strait Islander Mental Health and Wellbeing Principles and Practice. (Commonwealth of Australia, 2010).

[13]      Australian Human Rights Commission, Social Justice Report 2009, p. 54.

[14]      Submission 12, Attachment 1, p. 28.

[15]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 5.

[16]      Submission 1, pp 17-18.

[17]      Australian Institute of Health and Welfare, Indigenous Health, http://www.aihw.gov.au/australias-health/2014/indigenous-health/, (accessed 2 September 2016).

[18]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 3.

[19]      Australian Institute of Health and Welfare, Indigenous Health, http://www.aihw.gov.au/australias-health/2014/indigenous-health/, (accessed 2 September 2016). Between 2009 and 2013 48 percent of Indigenous mothers smoked during pregnancy, three point seven times the rate for non-Indigenous mothers. Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 10.

[20]      Boyer Lectures, Health Inequality and the causes of the causes, http://www.abc.net.au/radionational/programs/boyerlectures/, (accessed 5 September 2016).

[21]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 6.

[22]      This included: primary health care base funding; child and maternal health activities; Stronger Futures in the Northern Territory (Health); and the Aboriginal and Torres Strait Islander Chronic Disease Fund. See the Department of Health, Indigenous Health, https://www.health.gov.au/Indigenous (accessed 2 September 2016).

[23]      The Department of Health, National Aboriginal and Torres Strait Islander Health Plan 2013-2023, https://www.health.gov.au/internet/main/publishing.nsf/Content/natsih-plan, (accessed 2 September 2016).

[24]      Submission 1, p. 17.

[25]      House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012. p. 110.

[26]      Australian Institute of Health and Welfare, Fetal Alcohol Spectrum disorders: a review of interventions for prevention and management in Indigenous Communities, February 2015, http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129550296, (accessed 5 September 2016).

[27]      Senator The Hon Fiona Nash, Minister for Regional Development and Minister for Regional Communications, 'Government Funds National Strategy to Target Fetal Alcohol Spectrum Disorders', 25 June 2014.

[28]      Senator The Hon Fiona Nash, Minister for Regional Development and Minister for Regional Communications, 'Government Funds National Strategy to Target Fetal Alcohol Spectrum Disorders', 25 June 2014. See also Department of Health, Answers to questions on notice: Question No. 1, received 13 and 21 April 2016.

[29]      Committee Hansard, 23 September 2015, p. 7. Supplementary Submission 39, Amnesty International Australia, A brighter tomorrow: Keeping Indigenous kids in the community and out of detention in Australia, May 2015, p. 29.

[30]      Australian Guide to the Diagnosis of FASD, diagnosing FASD, http://alcoholpregnancy.telethonkids.org.au/about-fasd/diagnosing-fasd/ (accessed 6 September 2016).See also Department of Health, Answers to questions on notice: Question No. 1, received 13 and 21 April 2016.

[31]      Senator the Hon. Nigel Scullion, Minister for Indigenous Affairs, Senate Hansard, 13 September 2016, p. 10.

[32]      Law Council of Australia, Value of a Justice Reinvestment Approach to Criminal Justice in Australia, submission to the Senate Legal and Constitutional Affairs References Committee for its inquiry into the value of a justice reinvestment approach to criminal justice in Australia, 22 March 2013, p. 15.

[33]      Department of Education and Training, National Aboriginal and Torres Strait Islander Education Strategy, https://www.education.gov.au/national-aboriginal-and-torres-strait-islander-education-strategy, (accessed 5 September 2016).

[34]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 23.

[35]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf , (accessed 2 September 2016), p. 13.

[36]      Submission 3, p. 4.

[37]      Submission 17, p. 6, Centre for Economic Development of Australia, Addressing entrenched disadvantage in Australia, April 2015, http://adminpanel.ceda.com.au/FOLDERS/Service/Files/Documents/26005~CEDAAddressingentrencheddisadvantageinAustraliaApril2015.pdf, p. 73 (accessed 6 September 2016).

[38]      Submission 11, p. 7.

[39]      Liberal, The Coalition's Policy to Develop Indigenous Business Opportunities, https://www.liberal.org.au/coalitions-policy-develop-indigenous-business-opportunities, (accessed 2 September 2016).

[40]      Liberal, The Coalition's Policy to Develop Indigenous Business Opportunities, https://www.liberal.org.au/coalitions-policy-develop-indigenous-business-opportunities, (accessed 2 September 2016).

[41]      The Hon Malcolm Turnbull MP, Prime Minister, Speech to Young Indigenous Businesses and Entrepreneurs, 9 February 2016.

[42]      See http://www.dpmc.gov.au/indigenous-affairs/economic-development/indigenous-procurement-policy-ipp (accessed 21 September 2016)

[43]      Department of Prime Minister and Cabinet, The Community Development Programme (CDP), https://www.dpmc.gov.au/indigenous-affairs/employment/community-development-programme-cdp, (accessed 6 September 2016).

[44]      Senator Scullion, CDP reforms to drive employment outcomes, 2 December 2015, http://www.nigelscullion.com/media-hub/indigenous-affairs/cdp-reforms-drive-employment-outcomes, (accessed 2 September 2016).

[45]      Senator Scullion, CDP reforms to drive employment outcomes, 2 December 2015, http://www.nigelscullion.com/media-hub/indigenous-affairs/cdp-reforms-drive-employment-outcomes, (accessed 2 September 2016).

[46]      Department of the Prime Minister and Cabinet, Closing the Gap Executive Summary, How is the Australian Government Responding, http://closingthegap.dpmc.gov.au/executive-summary.html, (accessed 2 September 2016).

[47]      Senator the Hon Nigel Scullion, $860 Million Investment through Indigenous Advancement Strategy Grants Round, Wednesday 4 March 2015, http://www.nigelscullion.com/media-hub/indigenous-affairs/860-million-investment-through-indigenous-advancement-strategy-grants-r (accessed 6 September 2016).

[48]      Senator the Hon Nigel Scullion, 'IAS grant round investment totals $1 billion', Media release, 27 May 2015.

[49]      Senator the Hon Nigel Scullion, Greens not telling whole story on IAS funding, Tuesday 5 May 2015, http://www.nigelscullion.com/media-hub/indigenous-affairs/greens-not-telling-whole-story-ias-funding (accessed 2 September 2016). Note: On 13 September 2016, the minister advised the Senate that  approximately 55 percent of funds for programs are going to Aboriginal and Torres Strait Islander organisations, see Senator the Hon. Nigel Scullion, Minister for Indigenous Affairs, Senate Hansard, 13 September 2016, p. 10.

[50]      Senator Nigel Scullion, Greens not telling whole story on IAS funding, Tuesday 5 May 2015, http://www.nigelscullion.com/media-hub/indigenous-affairs/greens-not-telling-whole-story-ias-funding (accessed 2 September 2016).

[51]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf,(accessed 2 September 2016) p. 3.

[52]      Department of the Prime Minister and Cabinet, Closing the Gap, Prime Minister's Report, http://closingthegap.dpmc.gov.au/assets/pdfs/closing_the_gap_report_2016.pdf ,(accessed 2 September 2016) p. 51.

[53]      Senator the Hon George Brandis QC, Attorney-General, and Senator the Hon Michaelia Cash, Minister Assisting the Prime Minister for Women, Legal aid funding assured to support the most vulnerable in our community, Media Release, 26 March 2015 (accessed 19 November 2015).

[54]      Senator the Hon George Brandis QC, Attorney-General, and Senator the Hon Michaelia Cash, Minister Assisting the Prime Minister for Women, Legal aid funding assured to support the most vulnerable in our community, Media Release, 26 March 2015 (accessed 19 November 2015).

[55]      Senator The Hon George Brandis QC, 'New National partnership on legal assistance services', Media release, 1 July 2015.

[56]      Legal Aid and Legal Assistance Services https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/BudgetReview201617/Legalaid

[57]      Senator The Hon George Brandis QC, Answer to question on notice, 16 March 2016, Senate Hansard, p. 2112.

[58]      Senator The Hon George Brandis QC, 'New National partnership on legal assistance services', Media release, 1 July 2015.

[59]      Senator The Hon George Brandis QC, 'New National partnership on legal assistance services', Media release, 1 July 2015. See also: See Senator the Hon George Brandis QC, Attorney-General, Attorney-General's Portfolio Budget measures 2015-16, Media release, 12 May 2015, available at: www.attorneygeneral.gov.au/Mediareleases/Pages/2015/SecondQuarter/12-May-2015-Attorney-General%27s-Portfolio-Budget-measures-2015-16.aspx (accessed 19 November 2015).

[60]      Senator The Hon George Brandis QC, Attorney General, 'New legal service to help women and children', Media release, 7 March 2016.

[61]      See https://www.ag.gov.au/LegalSystem/Pages/response-to-report-into-access-to-justice-arrangements.aspx (accessed 5 October 2016)

[62]      Just Reinvest NSW, Justice Reinvestment in Bourke, http://www.justreinvest.org.au/justice-reinvestment-in-bourke/, (accessed 6 September 2016).

[63]      http://www.justreinvest.org.au/justice-reinvestment-in-bourke/ (accessed 21 September 2016)

[64]      Ms Sarah Hopkins, Chairperson, Just Reinvest NSW, Committee Hansard, 4 April 2016, p. 8.

[65]      Geoff Thompson and Lisa McGregor, 'Backing Bourke', Four Corners, 19 September 2016, see http://www.abc.net.au/4corners/stories/2016/09/19/4539321.htm (accessed 21 September 2016)

[66]      Senate Finance and Public Administration Legislation Committee, Estimates Hansard, 12 February 2016, p. 43.

[67]      See Northern Territory Government, Office of Aboriginal Affairs, Aboriginal Affairs Strategy, Aboriginal Affairs, Monitoring, Evaluation and Reporting Framework, pp 6-7.

[68]      Australian Human Rights Commission, Social Justice and Native Title Report 2014, p. 117.

[69]      Malcolm Turnbull, Royal Commission into the Child Protection and Youth Detention Systems of the Northern Territory, 28 July 2016, http://www.malcolmturnbull.com.au/media/royal-commission-into-the-child-protection-and-youth-detention-systems-of-t, (accessed 2 September 2016).

[70]      Malcolm Turnbull, Appointments to the Royal Commission into the Child Protection and Youth Detention Systems of the No, 1 August 2016, http://www.malcolmturnbull.com.au/media/appointments-to-the-royal-commission-into-the-child-protection-and-youth-de , (accessed 2 September 2016).

[71]      Senator The Hon George Brandis QC, Attorney General, 'Legal advisory service for the Royal Commission into the Protection and Detention of Children in the Northern Territory', Media release, 10 October 2016.

Australian Greens' Additional Comments on Access to Legal Assistance Services

[1] Aboriginal and Torres Strait Islander Peak Organisations, The Redfern Statement, 9 June 2016, p. 11.

[2] Submission 13, p. 8.

[3] Majority Committee Report, p. 119.

[4] Submission 3, 2.

[5] Majority Committee Report, p. 117.

[6] Submission 5, p. 2.

[7] Submission 13, p. 23.

[8] Aboriginal and Torres Strait Islander Peak Organisations, The Redfern Statement, 9 June 2016, p.11.

[9] Submission 10, pp 21-22.

[10] Aboriginal and Torres Strait Islander Peak Organisations, The Redfern Statement, 9 June 2016, p.18.

[11] Submission 42, p. 8.

[12] Submission 5, p. 3.

[13] Majority Committee Report, p. 74.

[14] Majority Committee Report, p. 121.

[15] Committee Hansard, 23 September 2015, p. 34.

[16] Aboriginal Legal Service (NSW/ACT), ‘Save the Custody Notification Service (CNS) and prevent Aboriginal deaths in police cell custody’, Media Release, 3 June 2015, http://www.alsnswact.org.au/media_releases/37 (accessed 12 October 2016).

[17] Majority Committee Report, p. 120.

APPENDIX 3

[1]        Australian Bureau of Statistics, 4517.0 Prisoners in Australia 2015.

APPENDIX 4

[1]        House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time - Time for Doing: Indigenous youth in the criminal justice system, June 2011, p. 101.

[2]        House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time - Time for Doing: Indigenous youth in the criminal justice system, June 2011, pp 101-102.

[3]        House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time - Time for Doing: Indigenous youth in the criminal justice system, June 2011, pp 102-103.

[4]        House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time - Time for Doing: Indigenous youth in the criminal justice system, June 2011, p. 103.

[5]        See Government Response to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs report: Doing Time - Time for Doing: Indigenous youth in the criminal justice system, November 2011, pp 13-14.

[6]        See Government Response to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs report: Doing Time - Time for Doing: Indigenous youth in the criminal justice system, November 2011, p. 14.

[7]        See House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012, p. 136.

[8]        See House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012, pp 137-142.

[9]        House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012, p. 147.

[10]      House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012, p. 148 (Recommendation 19).

[11]      See House of Representatives Standing Committee on Social Policy and Legal Affairs, FASD: the hidden harm – Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November 2012, p. xvii. Recommendation 16 of the report recommends the development and implementation of a national FASD diagnostic and management services strategy.

[12]      Government Response to the House of Representatives Standing Committee on Social Policy and Legal Affairs report: FASD: the Hidden Harm: Inquiry into the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorder, July 2015, p. 1.

[13]      Senate Legal and Constitutional Affairs References Committee, Value of a justice reinvestment approach to criminal justice in Australia, June 2013, pp 36-37.

[14]      See Senate Legal and Constitutional Affairs References Committee, Value of a justice reinvestment approach to criminal justice in Australia, June 2013, pp xi-xii.

[15]      House of Representatives Standing Committee on Indigenous Affairs, Alcohol, hurting people and harming communities, June 2015, p. 106.

[16]      House of Representatives Standing Committee on Indigenous Affairs, Alcohol, hurting people and harming communities, June 2015, p. 106.

[17]      House of Representatives Standing Committee on Indigenous Affairs, Alcohol, hurting people and harming communities, June 2015, p. 119.

[18]      See House of Representatives Standing Committee on Indigenous Affairs, Alcohol, hurting people and harming communities, June 2015, pp xxii-xxiii.