AustLII Home | Databases | WorldLII | Search | Feedback

Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
You are here:  AustLII >> Databases >> Aboriginal Law Bulletin >> 1982 >> [1982] AboriginalLawB 62

Database Search | Name Search | Recent Articles | Noteup | LawCite | Help

Terry, John --- "Legal Services Staff Training Report" [1982] AboriginalLawB 62; (1982) 1(6) Aboriginal Law Bulletin 4


Legal Service Staff Training Report

by John Terry

On 2 February 1982, seventeen Aboriginal field officers commenced a course of legal training at the University of NSW. The course was established following negotiations between the Aboriginal Legal Services (NSW) Limited, the Aboriginal Law Research Unit of the University of NSW's Law Faculty and the University itself.

I was employed in October 1981 to design the course and to act as the director during 1982. Funding was provided by the Department of Aboriginal Affairs whilst the Department of Employment and Youth Affairs (as it then was) provided funds under the N.E.A.T. scheme to allow course participants to be paid and to permit replacement field officers to be appointed in the ALS offices from which the participants had come.

The course was designed to provide participants with a working knowledge of the law and to examine questions relating to the European occupation and colonization of Australia, especially as it has affected Aborigines. People who successfully complete the course will be awarded a Certificate by the University. A `sandwich' course has been conducted, encompassing the period from the beginning of February until the end of November. Twenty-five weeks during the months of February, April, June, July, September and November were spent in direct instruction at the University. The participants spent the intevening weeks back at ALS offices developing the skills which had been acquired during the course.

Course objectives

The course aims to enable participants:

For many reasons field officers have tended to leave the task of collecting details to the lawyer in attendance. After making initial contact with the client, the field officer withdraws. I have assumed that often this occurs because field officers have been no more comfortable with the legal system and no more confident of its processes than the client. Much of the course programme is directed towards giving the knowledge which will enable field officers to cope with common legal problems.

A very good source of basic legal information is the Legal Resources Book (NSW) marketed by Redfern Legal Centre. Anne Healey, the salesperson, led a three day workshop to familiarise , participants with its contents.

Detailed analyses of specific criminal offences have been undertaken by the participants under guidance from an Aboriginal barrister, Bob Bellear, and myself. .We have also examined the Liquor Act, Motor Traffic legislation (with Martin Sides, barrister), defamation law (with Stuart Littlemore, barrister), consumer law (with Susan Dixon, Assistant Commissioner of Consumer Affairs) and other areas of law.

Often, clients will come to the legal services with problems outside the province normally associated with a legal office. It may be an enquiry relating to a social security benefit, in which case a telephone call to the Department is required; or difficulty in paying rent which entails negotiation with the landlord; or it may be that the client seeks to change his or her name by deed poll. These matters can be resolved without the intervention of a lawyer. John Kirkwood, a lecturer in law at the University, outlined the essentials of the social security system; Albertia Gurlie from the office of the Ombudsman explained l the complaints procedure of that body and Susan Dixon spoke about use of the Consumer Claims Tribunal.

After five or six years at Law School and some time practising, many lawyers (and I include myself) find it hard to express themselves in ordinary English. The technical terms crop up all the time - prima facie they are confusing to the uninitiated. At first appearance they can be explained and the veil of mystery lowered. I have spent quite a lot of time dissecting Latin maxims to facilitate this process. Difficult concepts can be dissected once the elements have been explained. The field officers can assist in explaining such matters to clients.

We have concentrated on trial processes in both civil and criminal cases. I have been able to draw on the services of practising barristers, David Buchanan, Stephen Norrish and Peter Hidden (the last two of whom are Public Defenders) to explain the nature of proceedings. Kevin Anderson, Deputy Chairperson of the Bench of Stipendiary Magistrates, addressed the class for a day on aspects of Petty Sessions practice.

General objectives

The course aims to impart a method of thinking, a system of analysis, a way of looking at society, rather than a knowledge of a few rules and regulations. The programme seeks by providing empirical data - for example, the terms of the sexual offences legislation in the recent amendments to the NSW Crimes Act - to teach the participants to determine the meaning of any statute, first by knowing what `a statute is and what force it has, and secondly by systematically breaking it down into its constituent elements. As the course has developed, more time has been spent on research skills. It is simply impossible to teach `the law' to seventeen people in six months. Any attempt to do so would result in at best, `a little knowlege'.

The most vicious and imposing operation of the law known by Aborigines is on the street and in the lower courts; that is, in dealings with the police and the Magistrates. Accounts of injustices are legion. Field officers are often on the spot when arrests and detentions take place. It can be difficult to determine what should be done in such situations. The course has dealt with NSW summary offences legislation including the nature of what constitutes `hindering police' and what is `serious alarm or serious affront'. It has dealt with the Intoxicated Persons Act (1979). Field officers may well be able to act as a go-between to dampen potential flashes. between police and Aborigines. They may be able to take charge of intoxicated persons and escort them safely home in accordance with the spirit of the Intoxicated Persons Act.

Court appearances by field officers

It is hoped that field officers will be able to appear in some matters. Applications for adjournment, applications for bail and pleas in mitigation of sentence before Magistrates are well within the competence of those with some training and experience. Indeed, some course participants have already performed these tasks. It is not sought at this stage to amend the NSW Justices Act to give a right of audience to Certificate holders. Rather, it has been decided to rely on the common law jurisdiction of Justices, of the Peace to regulate proceedings in their courts (ail Magistrates are Justices) and on the good-will of the NSW Bench to allow successful course participants to appear by leave (as do police prosecutors). If this approach is unsuccessful (although there has been no expression of opposition at this stage from the Magistrates), it will be necessary to seek changes through Parliament.

Bail applications considered

Course participants have gained a sound working knowledge of the Bail Act. It has been examined under the tuition of Chris Kirkbright, an Aboriginal solicitor then employed by the ALS. Bail applications made by solicitors and counsel have been observed in both Petty Sessions and in the Supreme Court and a mock court was conducted before the Directors of the ALS during which the roles of applicant, counsel, prosecutor and magistrate were swapped. During non-teaching months participants. have been assisting lawyers with bail applications.

The subject of pleas in mitigation has been canvassed in the classroom, observed in the Court, acted out in a mock-court and has been the subject of an address by a Magistrate. (Kevin Anderson). These aspects of advocacy are not taught during most degree courses at Law Schools. Certificate holders will be more familiar with these practices than are recent graduates.

Field officers are frequently called upon to attend police stations to assist arrested persons. It is inevitable that police in NSW will soon be required to inform the legal services of the fact that an Aborigine has been arrested. In order that field officers be properly prepared and informed, time during the course has been spent concerning the law and the police instructions concerning the rights of arrested persons and their advisers. Material prepared by Neil Rees, a lecturer in law at the University, was, relied on for this purpose.

Anti-discrimination legislation

NSW has strong and potentially effective legislation outlawing discrimination on the ground of race in the areas of employment, education, provision of goods and services and accommodation. There is also Commonwealth legislation dealing with racial discrimination. A two-day session on the relevant law and procedures was conducted by David Green and Chris Ronalds of the NSW Anti-Discrimination Board.

To study the history of the last hundred years I originally anticipated that standard text books would suffice. I realised after some research that most white historians have concealed the truth about Aborigines. Those who have made mention of the whole shameful business have either slandered Aborigines or have had to rely on inadequate or misleading source material written by Europeans. Convinced of the need to reassess the period from an Aboriginal viewpoint, I co-opted Anne Bickford, an archivist and archeologist, and currently a consultant to the NSW National Parks and Wildlife Service. She made available the fruits of her research on sacred sites. She also escorted a small group to the NSW archives and gave some guidance in research methods.

We have as a group, considered the nature of racism and the ideology of intolerance and oppression. With Liz Fell, a sociologist, radio producer and journalist, we have examined ways of conveying a message effectively through the media.

Essentially, the position of Aborigines in Australia results from dispossession. The only way to ameliorate the position is to reverse the. dispossession. When Europeans recognize Aboriginal rights to land, a start will be made in overcoming many of the current unsatisfactory aspects of Aborginal life. It is essential that proposed legislation to restore rights in land to NSW Aborigines be properly conceived and enacted. The course participants, now with a better understanding of the legal system, are ideally placed to make a positive contribution. Current land claims have been examined to gauge the nature of the demands of Aboriginal people in different parts of the State, the vexed question of Aboriginal reserves and `former' reserves has been analysed, and the Report of the Select Committee of the NSW Legislative Assembly Upon Aborigines has been examined.

It is going to take more than a few months tuition and training to put the white legal system in touch with Aborigines in NSW and vice versa. However, what has been achieved at the University during 1982 is most encouraging and is the result of the enthusiasm of the participants and the co-operation of the staff of the University. The assistance of the teaching staff and the administrative and library staff has been most. significant. It has been a fruitful year.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1982/62.html