Aboriginal Law Bulletin
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by Robert Tickner
In popular political mythology, New South Wales is regarded as one of the more enlightened Australian States, in contrast to the repressive police tactics approved by the Queensland and Western Australian governments. Recent events in the inner Sydney suburb of Redfern cast some doubt on the popular mythology. Indeed, the NSW Police Force may have put itself at risk of allegations of racism.
The Redfern Aboriginal Legal Service has attacked recent police raids on a Redfern hotel, the Clifton, as a return to the blatant abuses of police power which existed under the Askin government. The ALS pointed out that similar abuses in Redfern in the early 1970s, particularly around the Empress and Clifton hotels, led to the establishment of the ALS.[1]
Prior to the increased police activity in the vicinity of the Clifton Hotel, the ALS had been warned that a special squad of police was to be sent into Redfern to deal with Aboriginal people. As predicted, a special squad came to Redfern on the night of Thursday 27 January 1982; prior to closing time at the Clifton Hotel, the squad began to intensively patrol Botany Road in the vicinity of the hotel. During the night a number of Aboriginal women were taken into custody, purportedly pursuant to the provisions of the Intoxicated Persons Act 1979 (NSW). These women were eventually taken to the cells at Central Police Station. A solicitor from the ALS arrived at the Clifton Hotel shortly before midnight. At that time there were some twenty or thirty Aboriginal people in a group outside the hotel and another thirty or so people in several groups nearby. In attendance there were also two police wagons, two cars and approximately ten policemen. When the solicitor arrived there was no obvious disorder, although there were shouts from the crowd directed at the police such as: 'Why don't you leave us?', 'Why don't you piss off?', 'It's just harassment and provocation'. The solicitor has described the police attitude as being obstinate and provocative. The police seemed concerned to clear all the people from the footpath and instead of dealing with the matter in a subtle and careful fashion, the Officer-in-Charge adopted a heavyhanded approach. As a result, a number of people were arrested for causing an obstruction by their mere presence on the footpath. Other people were arrested for allegedly causing serious alarm and affront, for resisting arrest and for similar summary charges. All charges arising out of this night are being defended and will be heard at Redfern Court of Petty Sessions in the coming months. It should be emphasised that almost without exception, the arrests of Aboriginal people adjacent to the Clifton Hotel have been in respect of the most trivial of charges.
On succeeding nights, the police practice of 27 January was continued although fewer arrests were made, primarily due to the presence of ALS solicitors and observers from the Council of Civil Liberties. No doubt, media coverage of the police action has also encouraged them to act with greater restraint.
Despite a drop in the level of police activity, the intensive 'sector policing' of the Clifton Hotel has caused great disquiet and anger among the Aboriginal community in Redfern. It should be emphasised that the Clifton has an overwhelmingly Aboriginal clientele and on any given Thursday, Friday or Saturday night, almost all of the clientele and over half of the staff would be Aboriginal. No other hotel in Redfern is subject to such intensive policing. Nor is there any evidence to suggest that the streets of Redfern, other than those in the immediate precincts of the Clifton Hotel, are being intensively patrolled.
In an attempt to obtain an undertaking from the police to cease future harassment, a meeting was arranged on 17 February between ALS representatives and the NSW Minister for Police, Mr Peter Anderson, the NSW Commissioner of Police, Mr Cec Abbott, and the Deputy Commissioner of Police, Mr Barney Ross. The Redfern ALS was represented by its Chairman of Directors (Mr Paul Coe), Mr Sol Bellear, two ALS solicitors and Aboriginal barrister, Mr Robert Bellear. In an attempt to justify the police action, it was suggested by senior police officers and by the Minister that the police activity was not racially motivated. Following heated discussion, the NSW Minister for Police revealed that he had in his possession at the meeting an unofficial police statistical list of purported criminal allegations agairist unknown Aboriginal persons. This list is being used as a justification for sector policing of the Clifton Hotel and precincts, along with an approach from the former South Sydney Municipal Council expressing concern about the level of criminal activity in Redfern. Needless to say, the existence and use of such statistical material should be of concern to those interested in civil liberties.
The ALS decided that to make complaints under the Police Regulation (Allegations of Misconduct) Act 1978 (NSW) against individual police officers would be futile. This view was reinforced by the NSW Ombudsman's opinion on the deficiencies of the police Internal Affairs investigation process.[2] Consequently the ALS has lodged a complaint against the police force in general under s.12 of the Ombudsman Act 1974 (NSW). The complaint alleges that the police have conducted an `improper police practice' by collecting statistical information on the race of alleged offenders in the Redfern area. The Ombudsman has sent a series of questions to the Commissioner of Police and is awaiting answers.
Meanwhile, the police patrols around the Clifton Hotel continue. A mini-bus of police is seen regularly driving up and down Botany Road, Redfern. Groups of six to eight police officers are also regularly standing on the street corners or strolling up and down the street. Whatever the purpose of their activities, those activities have the potential to intimidate and harass the Aboriginal population. However, the Aboriginal people and the ALS are resisting police attempts to turn the clock back to the bad days of the early 1970s.
In recent months the NSW Police force has established an Aboriginal-Police Liaison Unit which has apparently initiated some fruitful negotiations with Aboriginal communities and organisations in different parts of NSW. Such an Aboriginal-Police Liaison Unit has existed in South Australia for some years and the establishment of the NSW Unit has been advocated by the Redfern ALS and supported by a recommendation of the House of Representatives Standing Committee on Aboriginal Affairs in its report concerning Aboriginal Legal Aid. However, the establishment of such a unit will be viewed by Aborignal people as mere window dressing if it is not supported by a serious commitment by senior police officers and politicians to redress the discrimination and oppression which their predecessors have visited upon Aboriginal people.
A significant reform proposed by the House of Representative Standing Committee has so far been ignored by the NSW government. The proposal is that a notification system be established (similar to the one existing in South Australia) through which the ALS is notified of the arrest of an Aboriginal person. Such a notification system has been advocated by the Redfern ALS but was rejected by the former Minister for Police who asserted that such a notification system would be in contravention of the ethics of the legal profession regarding touting. The fact that the recommendation was a unanimous one of a committee of the House of Representatives seemed to have escaped that Minister's attention.
The most glaring omission on the part of the NSW government, however, is its failure to implement the unanimous recommendations on land rights put forward in August 1980 by the NSW Select Committee on Aborigines.[3] The Attorney-General recently announced that land rights legislation would be 'prepared' by the end of 1982. It is a long step from 'preparation' to passing an effective land rights Act through the NSW Parliament. The rate of progress by the Wran government on such matters to date does not bode well for the NSW Aboriginal community, which in the meantime, may be subjected to further needless police arrests, harassment and intimidation.
[1] See the comments of J. H. Wootten Q.C. (then Dean, Faculty of Law, University of NSW) concerning the curfew imposed by police on Aboriginals in Redfern in 1970, in G. Nettheim (ed.), Aborigines, Hunwn Rights and the Law, ANZ Book Co., 1974, pp. 59-67.
[2] See David Buchanan, 'Complaints Against Police', (1982) 7 LSB 77.
[3] See Paul Coe, `Aboriginal Land Rights in NSW', (1980) 5 LSB 231.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1982/22.html