Flynn, Martin --- "Update: Groote Eylandt Report Ignored" [1991] AboriginalLawB 46; (1991) 1(52) Aboriginal Law Bulletin 2

• Update: Groote Eylandt Report Ignored

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Update: Groote Eylandt Report Ignored

by Martin Flynn

A Northern Territory Magistrate has criticised the NT Police Force for failing to take action on the recommendations of the Groote Eylandt Task Force (the 'Task Force').[1] The comments were made by Bruce McCormack SM on 22 August 1991 while sentencing Thompson Bara, a young Aboriginal man from Groote Eylandt. Some of the offences arose from an incident where police were threatened by a spear as they approached Thompson Bards house.

Thompson Bards case had received publicity at an earlier stage when the police opposed the granting of bail. The police prosecutor was reported to have said that the situation at Groote Eylandt had reached the point where police had been shooting into the air and warned that police may have to lower their sights to defend themselves.[2] The NT Police Commissioner was subsequently reported in the press as saying that the prosecutor's comments were inappropriate and that the prosecutor had been counselled.

The Task Force was established in 1984 by the NT and Federal Governments in response to adverse publicity about the high imprisonment rates of Groote Eylandt Aborigines. It was asked to report on the criminal justice problems on Groote Eylandt. A salient feature of the Task Force was its composition; all 10 members were Aborigines, 8 of whom lived on Groote Eylandt.

The Task Force commenced work in June 1984 and delivered its Report to the NT Minister for Community Development and Correctional Services (Mr. Barry Coulter) and the Federal Minister for Aboriginal Affairs (Mr Clyde Holding) on 14 March, 1985.

The Report includes chapters dealing with the judicial system, alcohol, social issues and economic issues. One of the urgent recommendations of the Task Force was that the police initiate more informal contacts and public relations programs with Aboriginal Communities. Over 6 years has elapsed since the delivery of this report.

In sentencing Thompson Bara, Bruce McCormack SM is reported to have commented that to his knowledge the police were not initiating informal contact with Aborigines. He said:

"I would like to see police have greater contact, not just (be) seen in their uniforms .... arresting people while they are on patrol .... (It would show) people they are more than police officers, that they're human beings trying to break down what I perceive to be some unfortunate barriers".[3]

In response, a spokesperson for the NT Police Association suggested that the Magistrate was ill-informed:

.... he (the Magistrate) obviously does not understand what an awesome task it is policing the area on a day to day basis."[4]

The fate of the Task Force Report highlights an issue of some significance. Much research has been done and many recommendations have been made concerning reform of the Criminal Justice System as it relates to Aborigines, however few recommendations are ever implemented and many are never even debated by the parties concerned. This is true of recommendations made to every tier of Government.

Frequently, research addresses two issues:

(a) Ensuring Aborigines are treated fairly;
(b) Questioning the validity of applying a Criminal Justice System premised on Anglo-Australian cultural values to those Australians, such as Aborigines, who do not share these values.

The Task Force Report addresses the first of these issues. It focuses on fairness in relation to policing and on the administration of justice. The fact that these recommendations have not been implemented suggests a lack of political will. The reluctance of governments to accept such recommendations and ensure that Aborigines are treated fairly suggests that the more challenging question, posed in (b) above, is unlikely to be high on the political agenda.

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[1] The Magistrates comments were reported in the press: NT News 28 August, 1991.

[2] NT News 5 July 1991, P1.

[3]See footnote 1.

[4] NT News 30 August, 1991, p5.