AustLII Home | Databases | WorldLII | Search | Feedback

Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
You are here:  AustLII >> Databases >> Aboriginal Law Bulletin >> 1991 >> [1991] AboriginalLawB 2

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

Moore, Len --- "Update: 'Fighting for Rights' - Report of the Aboriginal Issues Unit (W.A.)" [1991] AboriginalLawB 2; (1991) 1(48) Aboriginal Law Bulletin 2


Fighting for Rights - Report of the Aboriginal Issues Unit (W A)

by Len Moore

The Western Australian Aboriginal Issues Unit assisting the Royal Commission into Aboriginal Deaths in Custody has published its report, Fighting for Rights.

The Report covers Police - Aboriginal Relations, Courts, Legal Aid, Prisons and Juvenile Justice. The evidence collated was mainly oral and collected from Aboriginal informants as far afield as Albany in the South West and the Pilbara in the North.

The Report found that community relations with police were widely felt to be discriminatory and negative. Police in rural Western Australia were often regarded as insensitive, provocative and prejudiced in their dealings with Aboriginals. Funerals were a focus for particular attention with vehicles being checked for roadworthiness, searches made for persons wanted under warrants of arrest and prisoners frequently attending while handcuffed.

There were accusations of racism in that some police did not properly investigate complaints against Aboriginal people before laying charges while others handled Aboriginal complaints with indifference. Complaints against police were usually ignored and there was concern that police, in arresting Aboriginal people, often omitted to use the considerable discretionary powers available to them under the Police Act or the Criminal Code.

It was also noted that Aboriginal people lacked knowledge of their legal rights in Western Australia where the nearest Aboriginal Legal Service (ALS) might be a great distance from a community living inland.

Aboriginal juveniles

Conviction for minor offences is most common among males aged 17 to 25. Participants stated that up to 70% of Aboriginal males aged 7 to 14 will offend and that 60% of those appearing in juvenile courts will end up in prison. Juveniles may be locked up because they are expected to re-offend when released, especially if the offender comes from an outlying district, has no home locally or has a criminal record. Some hostels for children at risk had declined to offer them accommodation.

Aboriginal Police Aides

Senior Aides in Western Australia are sub-ordinate to the most junior police officers and receive little support from the police or local Aboriginal communities. There is general dissatisfaction that Aboriginal communities have no part in the selection of police aides or over the way they do their jobs. There is widespread concern that there are so few Aboriginal officers serving in the Western Australian Police Force and that the dropout rate from police training is high.

Courts

Except for the ALS most Aboriginals appearing in court were defendants. According to the Report, they see the legal system as inimical and corrupt, reflecting racist and discriminatory social attitudes and serving as an agent of oppression. Appropriate witnesses might not be called at an inquest and Aboriginal evidence is usually discounted.

Justices of the Peace

It is widely agreed that there are too few Aboriginal persons serving as Justices of the Peace or as members of the children's panel either in urban or in rural areas. The reputation for impartiality among serving JP's is poor, most are not well trained in Aboriginal or legal matters and reflect the existing social prejudices against Aboriginal defendants.

It was also evident that for Aboriginal people sentencing is harsh and unfair. Some Aboriginal defendants are so intimidated by the Courts that they plead guilty before a JP in order to conclude the matter.

The Report made many recommendations for change. These included:


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1991/2.html