Draft Discussion Paper
September 2006
Aboriginal Justice Centre
INCORPORATED
Draft Discussion Paper
Case Management, Prevention and the ACT Criminal Justice System:
The role of the Aboriginal Justice Centre.
Executive Summary
This discussion paper examines the role of the Aboriginal Justice Centre in providing coordinated case management to Aboriginal and Torres Strait Islander people in the criminal justice system within the ACT.
There appears an opportunity to improve the integration and coordination of mainstream and Indigenous specific services to reduce offending behaviours with a flow on effect of reducing the high rates of incarceration of Aboriginal and Torres Strait Islander people through the ACT criminal justice system.
This paper provides a brief overview of the role of the AJC, discusses how it might fit within the criminal justice system and suggests that an evolving model operating in the ACT called the Turnaround Program may be the catalyst for the AJC’s future success.
This paper would require the commitment of governments, agencies and the community in implementing an innovative approach based on best practice, given that other approaches have failed to reduce Indigenous incarceration or offending behaviour. Integrated case management provides a holistic approach to highly complex issues that do not have simple solutions. The AJC would like to form partnerships under a whole of community and government framework to address the holistic needs of the ACT Aboriginal and Torres Strait Islander Community.
Introduction
The Aboriginal Justice Centre Inc was incorporated in late 2005 under the ACT Associations Incorporation Act 1991. The Aboriginal Justice Centre Inc Board is comprised of members of the ACT Government appointed Aboriginal Justice Advisory Committee (AJAC).
The Aboriginal Justice Centre Incorporated will provide programs and support to the ACT Indigenous community with the aim of reducing the number of Aboriginal and Torres Strait Islander people in the ACT criminal justice system.
The following paper provides some background in relation to the broad factors that lead to Indigenous people coming in contact with the criminal justice system and the role and function that the Aboriginal Justice Centre will play in reducing these factors.
Statistical Background
In August 2004 John Stanhope MLA, the then Minister for Community Services of the ACT released a report entitled, Social And Cultural Profile of Aboriginal and Torres Strait Islander People in Canberra. The report used statistical information from the ABS 2002 National Aboriginal and Torres Strait Islander Survey (NATSIS).
In summary, the report stated that Aboriginal and Torres Strait Islander people in Canberra:
· make up only 1% of the total population, but comprise around 10% of people in the justice system. This particularly involves youths, especially males.
· had the second highest proportion of persons removed from their natural parents, a high incidence of personal stressors in their lives, and the highest proportion of victims of physical violence in Australia.
· have lower average incomes in comparison to non-Indigenous people in Canberra.
It further showed that:
· By Year 9, half of Aboriginal and Torres Strait Islander students (compared with a quarter for non- Indigenous students) have not reached the required literacy standards, and they have much higher rates of absenteeism from school.
· A larger proportion of Aboriginal and Torres Strait Islander people live in overcrowded housing conditions, with nearly a fifth of all households living in dwellings with not enough bedrooms.
· Because of relationship breakdown, a significant proportion of young children do not live with both parents. By the age of 14, about 40% of children still live with both parents, nearly half the rate for the non-Indigenous population.
· Over a third of children (36%) live in households without any employed parents. This is three times higher than for the non-Indigenous population.
· Indigenous people in the ACT accounted for 1 in 10 arrests and 25% of juveniles arrested were Indigenous and there's been an increase in arrest rates of indigenous peoples in the ACT over the period 1994 – 2002.
Other reports generally comment on the difference between the wider Australian community and Indigenous Australians including:
· A life expectancy of 15-20 years less
· A suicide rate that is three times higher
· 50% of the Indigenous population is under the age of 20 and fertility rates are much higher in comparison to the wider community
In summary, comparative statistics show disadvantage in all social and economic areas of Indigenous community life.
Research Background
The National Aboriginal Justice Advisory Committee Summit of National Indigenous Community Controlled Organisations in 2003 report entitled ‘One Time’ provides an overview of issues affecting Aboriginal and Torres Strait Islander Peoples and the justice system.
The Report notes the 1988 Royal Commission into Aboriginal Deaths in Custody (RCIADIC) that looked into the over-representation of Indigenous people in the criminal justice system. The Royal Commission highlighted the poor social, educational and economic conditions that led to over-representation.
The underlying issues that led to incarceration related to the inequitable access to resources and basic services within society.
The linkages between unemployment, poor health and education, inadequate housing, individual and institutional racism, historical government policies including assimilation and removal, and the lack of understanding of the requirement of culturally appropriate service delivery was a significant cause of offending behaviour.
As a result of historical policies and impacts, Indigenous communities throughout Australia grapple with social issues and loss of cultural identity. These factors lead to mental health issues, family dysfunction, anti social behaviours and drug use with a flow on effect to increased crime. The provision of adequate services, and breaking of the poverty cycle and social dysfunction is a key to reducing Indigenous peoples incarceration and contact with the criminal justice system.
In terms of the criminal justice system itself, there are many issues regarding western values and culture that impact heavily on Indigenous peoples.
The solutions to address Indigenous anti social and criminal behaviour revolve around providing holistic solutions that address the causes of poverty and disadvantage and not the symptoms. At the same time, there is a need to develop innovative approaches to ensuring that the criminal justice system meets the needs of the Indigenous community. Preventative strategies that address disadvantage and provide support services that assist Indigenous offenders and ‘the system’ deal with persons and families in need is critical to improving outcomes for Indigenous peoples. This includes the provision of support and education for all persons involved including offenders, victims of crime, police, court staff, magistrates and judges, solicitors, policy makers and the wider community.
It is the responsibility of governments and communities to work collaboratively together to effectively channel resources towards finding community driven solutions that work. The role of the Aboriginal controlled Aboriginal Justice Centre Inc is to secure funds to provide services that provide solutions to the issues impacting on the ACT Aboriginal and Torres Strait Islander community and address their direct needs. The Aboriginal Justice Centre Inc will provide a vehicle to bring the Aboriginal and Torres Strait Islander community together to reduce over-representation of Indigenous people in the criminal justice system. The objects of the Association are outlined below.
ACT Government Statements
John Stanhope, ACT Chief Minister announced the establishment and funding of the Aboriginal Justice Centre in 2004 and stated,
“The Aboriginal Justice Centre will provide more effective linkages with community based programs which are extensions to the criminal justice system and which address the underlying causes of Aboriginal and Torres Strait Islander offending and incarceration such as drug and alcohol detox services and rehabilitation programs, emergency housing and education.
“The Aboriginal Justice Centre will work to develop preventative measures in order to reduce the rate at which Aboriginal and Torres Strait Islander people are arrested and/or imprisoned.
“The Aboriginal Justice Centre will inform criminal justice and related agencies, in conjunction with the AJAC, on justice-related issues impacting on Aboriginal and Torres Strait Islander people and to advise on culturally appropriate approaches to address these issues.
“The Aboriginal Justice Centre will be the primary focus for all matters impacting on Aboriginal justice in the ACT, and, through the Board of Management, will be the primary source of advice to the Government on Aboriginal justice and related issues.
“My Government is committed to enabling the local Aboriginal and Torres Strait Islander community to determine culturally appropriate measures within the overall system of government administration which better address their specific needs.
“The Aboriginal Justice Centre is a first for Australia and will be a great step forward for indigenous justice,” Mr Stanhope said.
Role and Function of the Attorney General’s AJAC
Following the 1988 Royal Commission into Aboriginal Deaths in Custody (RCIADIC) Attorney General’s in each State and Territory established an Aboriginal Justice Advisory Committee in their jurisdiction. The chairs of each of the State and Territory AJAC’s come together as to form the National AJAC and provide advice to the Commonwealth Attorney General.
The purpose of the ACT Aboriginal Justice Advisory Committee is to advise the ACT Attorney-General on:
· criminal justice priorities impacting on Aboriginal and Torres Strait Islander people in the ACT; and
· criminal justice policies and programs affecting Aboriginal and Torres Strait Islander people in the ACT; and
The ACT Aboriginal Justice Advisory Committee has the following objectives:
· to develop, negotiate and implement an Aboriginal Justice Strategic Plan for the ACT;
· to monitor, evaluate and provide advice to the Government on criminal justice policies and programs affecting Aboriginal and Torres Strait Islander people in the ACT, particularly as they relate to the recommendations of the Royal Commission into Aboriginal Deaths in Custody;
· to consult with Aboriginal and Torres Strait Islander people, government and non-government agencies on Indigenous justice matters;
· to identify and make recommendations to the ACT Attorney-General on criminal justice priorities affecting Aboriginal and Torres Strait Islander people in the ACT; and;
· to promote and encourage the recruitment of local Aboriginal and Torres Strait Islander people to criminal justice agencies in the ACT.
Given the creation of the AJC Inc there is discussion whether it is now appropriate for the AJC Inc to replace the AJAC as the principle source of advice to the Government on matters relating to Aboriginal and Torres Strait Islander people and the criminal justice system. The following outlines the object of the AJC Inc.
Objects of AJC Inc
The objects of the AJC Inc Constitution are:
(1) For Aboriginal Torres Strait Islander people to work together to provide services that target and address the causes of disadvantage for Aboriginal and Torres Strait Islander people in the ACT resulting from the effects of colonisation, marginalisation, social attitudes and discrimination;
(2) To significantly address the causes and effects of Aboriginal and Torres Strait Islander persons coming into contact with the criminal justice system by:
(a) providing culturally appropriate services to Aboriginal and Torres Strait Islander people and their families which reduce criminal offending, incarceration and over representation in the criminal justice system with particular emphasis on providing direct support, preventative programs, referral and other related support services;
(b) providing and/or improving the effectiveness of legal and related support services working to assist Aboriginal and Torres Strait Islander people who become involved in the criminal justice system in the ACT;
(c) liasing and coordinating with governments, key agencies, service providers and other bodies to improve and maximise the availability of culturally appropriate service provision to Aboriginal and Torres Strait Islander people within the ACT; and
(d) represent the views of the ACT Aboriginal and Torres Strait Islander Community in relation to broad justice issues impacting upon the community.
(3) To recruit and train persons, including volunteers, to advance these objects.
(4) To promote awareness, understanding and acknowledgement of the diversity of Aboriginal culture and the needs of Aboriginal and Torres Strait Islander people in the ACT and undertake education and community awareness activities to achieve these objects.
(5) To promote awareness of mainstream society, systems and services to Aboriginal and Torres Strait Islander people in the ACT to allow them access their entitlements and rights that are available to the wider community, and
(6) To undertake activities that the Board deem appropriate to improve the emotional, spiritual and physical wellbeing of Aboriginal and Torres Strait Islander people in the ACT through service provision and the development of programs.
The AJC’s Current Program Development and Functions
Over the next12 months the AJC will be implementing and designing programs. This will involve working with existing services providers and examining issues surrounding:
Ø developing an integrated case management model to assist clients
Ø assisting individuals and families involved with the criminal justice system and working with the Aboriginal Legal Service
Ø coordinating the interview friends volunteer program
Ø liaison with police, courts, legal services and correctional facilities
Ø client visitations to those in the criminal justice system and liaison with Aboriginal Liaison Officers – interstate and within the ACT
Ø managing crises and complaints
Ø facilitating access to mainstream programs and services
Ø Linking with service providers in the areas of housing, tenancy, Centrelink, income, budgeting, employment, training issues, consumer issues and human rights
Ø health – mental health, drug and alcohol referral – Linking with the AMS
Ø research, policy and program development
Ø youth domestic violence education programs – linking with Gugan Gulwan
Ø linking with the Aboriginal Medical Service, Canberra Hospital and Connections school education and cultural programs
Ø training programs for volunteers, youth, elders etc
Ø examining and linking with employment, training and business development programs
Ø working with domestic violence and rape crisis service providers
A strategic planning workshop will be held with existing services to map gaps in service delivery, duplication and ask for feedback on how the AJC can assist and what it’s role should be. The following information outlines some of the possibilities for discussion.
Background on the Criminal Justice System in the ACT
The criminal justice system is comprised of five main authorities/services: police, the legal profession, the courts, post-sentence management authorities such as corrective services and youth justice services and releasing authorities such as the ACT Sentence Administration Board. Each service carries out a specialised task, and within each service there are further specialists who focus on prevention and management of offending behaviour. In the context of the Indigenous community, each service may have specialist services that engage with Indigenous people.