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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "NSW Discipline and Punishment Report" [1986] AboriginalLawB 1; (1986) 1(18) Aboriginal Law Bulletin 2


Discipline & Punishment

A preliminary report by university researchers to the NSW Department of Corrective Services and the NSW Ministry of Aboriginal Affairs, believes radical changes need to be made promptly in the treatment of Aboriginal inmates in gaols and on their release. This is seen as necessary if the high imprisonment rate among Aboriginals, considered to be the highest in the world, is to be reduced.

Dr Christian Alexander, a lecturer in the Department of Social Work at the University of Sydney, plus Aboriginal researchers Mr Tommy Smith and Mr Arnold Williams worked on a brief to investigate the rate and chief causes of recidivism of Aboriginals and to develop or recommend programs to counter the problems.

‘The imprisonment rate in New South Wales is about 72 per 100,000 for non Aboriginals and 524 per 100,000 for Aboriginals. The striking thing is that most Aboriginals who go to gaol are fine defaulters - they simply don't have the money to pay a fine, and for that they are gaoled for a few days. This very minor offence accounts for the exceptionally high imprisonment amongst Aboriginals, the highest for any racial br ethnic group in the world,’ said Dr Alexander. (The Gazette, Dec 1985, p2)

The report has yet to be released to the public. The NSW Ministry of Aboriginal Affairs allows only limited access to one report in their Macquarie Street headquarters, organisations and communities should contact the Ministry or the Department of Corrective Services requesting a copy to show public interest in what is a very important legal report for Aboriginal people in New South Wales.

The report recommends specific changes including: eliminating the present custom of gaoling Aborigines who cannot pay fines; replace the mandatory fine system with one successfully used in Sweden where fines are proportional to income; and the creation of bail hostels so people cannot be gaoled for not having an address.

In addition, there should be established adequate education and counselling services staffed and managed by Aboriginals for those recently released from gaol. A Mobile Research Centre, directed by Aboriginals, to care for legal and welfare needs has also been recommended.


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