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Evans, James --- "NSW Aboriginal Justice Advisory Committee -- Recommendations and Terms of Reference" [1994] AboriginalLawB 31; (1994) 3(68) Aboriginal Law Bulletin 23


NSW Aboriginal Justice Advisory Committee – Recommendations and Terms of Reference

by James Evans

The Aboriginal Justice Advisory Committee (AJAC) was established by the NSW Attorney-General and Minister for Justice, the Hon. John P. Hannaford MLC, in 1993, as a response to the Royal Commission Into Aboriginal Deaths In Custody(RCIADIC).The Committee held its first meeting on 10 June 1993.

The Committee comprises Dr Bob Bellear (Chairman); Mr Lloyd McDermott (Attorney- General's nominee); Mr Harold Hunt (Minister for Justice's Nominee); Ms Mary-Ann Hausia (Community Representative); Ms Julie Perkins (Community Representative); Mr Jim Wright Community Representative); Mr Boo Rambaldini (Minister for Police's Nominee); Mr Danny Chapman (NSW Lands Council Nominee); Mr Steve Gordon (ATSIC Nominee); and Mr Ron Gray (Department of Courts Administration Nominee).

The Executive Officer, Mr James Evans, Solicitor, has been appointed and an office established within the Attorney-General's Department for this purpose.

All AJAC members and the Executive Officer are Aborigines and come from Sydney and NSW country areas.

Functions of the AJAC

The AJAC is an independent body established to consider and advise the Attorney-General on law and justice issues which affect Aboriginal people in their contact with the criminal justice system in NSW.

The terms of reference of the AJAC include, but are not limited to:

The AJAC meets at least once each month, mostly in Sydney. The AJAC will endeavour to hold meetings in several Aboriginal communities in NSW country areas throughout each year.

Recommendations
Committee Meeting 24 February 1994

1. Summary Offences Act 1988 (NSW). Pursuant to Recommendations 86 and 87 of the RCIADIC, s4 of the Summary Offences Act 1988 (NSW), creating the offences of offensive language and offensive behaviour in public, be repealed.

2. Dock Statements. Clause 26 of the Evidence Bill 1993 (NSW) be removed to allow accused persons (both male and female) to maintain their basic civil right to make statements from the dock at the close of criminal proceedings.

3. Judicial Education.
3.1 Pursuant to Recommendations 96 and 97 of the RCIADIC, judicial officers and persons who work in the court services and whose duties bring them into contact with Aboriginal people should be compelled to undertake the appropriate cross-cultural training.
3.2 The above recommendation 3.1 be extended to members of Boards and Tribunals whose duties bring them into contact with Aboriginal people; including, but not limited to, the Offenders Review Board, Serious Offenders Review Board and Victims Compensation Tribunal.
3.3 In implementation of the above recommendations a proper consultative process take place with the appropriate Aboriginal bodies.

4. Establishment of National Aboriginal Justice Advisory Committee. The Attorney-General supports the establishment of a National Aboriginal Justice Advisory Committee.

5. Certification of Drug and Alcohol Workers. Government agencies responsible for the provision of drug and alcohol rehabilitation services to Aboriginal communities only recruit and employ such persons conditional on the satisfactory completion of a recognised TAFE or University course; such course to concentrate on cultural specific issues relating to Aborigines and substance abuse.

6. Offenders Review Board.
6.1 The procedures and criteria for appointment to the Offenders Review Board (ORB) and Serious Offenders Review Board (SORB) be reviewed.
6.2 Where Aboriginal persons appear before the respective Boards that Aboriginal people be represented on those Boards.
6.3 Aboriginal women be appointed to, and be represented on, the respective Boards; particularly in instances where Aboriginal women appear before those Boards.

7. Annual reporting of Departmental Responses to Recommendations of the RCIADIC. In pursuance of Recommendation I of the RCIADIC recommendations, each State Government Department and/or agency responsible for Recommendations make provision in their respective Annual Reports for a progress report in respect of each individual Recommendation of the RCIADIC which can properly be attributable to the responsibility of the respective Department or agency.

8. NSW Police Service - Aboriginal Community Liaison Officers (ACLOs).
8.1 Pursuant to Recommendation 225 of the RCIADIC, an Aboriginal Policy Development Unit be established within the NSW Police Service to develop policies and programs which relate to Aboriginal people.
8.2 ACLOs be employed by the NSW Police Service as permanent full-time employees of the NSW Police Service.
8.3 ACLOs be provided with opportunities for:
Adequate training at recruit and in-service levels;
Promotion and career development within the NSW Police Services;
Further education and personal development, including technical and further education or tertiary studies.
8.4 The practice of providing ACLOs with police-style paddy wagons be discontinued.
8.5 Taking into account the vast distances covered by ACLOs in their individual regions, that ACLOs be provided with appropriate transport to enable them to cover their respective regions and better fulfil the objectives of their employment.
8.6 In recognition of the rigorous duties performed by ACLOs in their respective communities, a clothing allowance be made available to those officers to perform their day-to-day duties.
9. Aboriginal and Torres Strait Islander Public Sector Employment.
9.1 Pursuant to Recommendations 305 and 306 of the RCIADIC, that all law and justice agencies adopt a Strategic Plan for the recruitment, employment, training, education and career development of Aborigines and Torres Strait Islanders.
9.2 Each law and justice agency undertake to employ an appropriate consultant for the purpose of developing its own Aboriginal Employment Strategy or Strategic Plan.
9.3 Upon the adoption of such plan, the law and justice agencies take positive steps to ensure implementation of the Strategy or Plan; including a report in each Department's Annual Report of measures taken towards implementation of the Strategy or Plan and the level of Aboriginal employment within each law and justice agency.

AJAC Recommendations
Committee Meeting 17 March 1994

1. Police detention and questioning of Aboriginal suspects.
1.1 In relation to police suspects the NSW Government adopt legislative provisions similar to the Crimes Act 1914 (Cth) concerning detention of Aboriginal suspects (adult and juvenile).
1.2 In relation to police suspects the NSW Government adopt legislative provisions similar to the Crimes Act 1914 (Cth) concerning questioning of Aboriginal suspects (adult and juvenile).


2. Substance abuse and Intoxicated Persons.
2.1 The practice of using police cells as proclaimed places be discontinued.
2.2 In those communities where police cells continue to be used as proclaimed places, an Aboriginal Substance Abuse Unit be established at the nearest public hospital to ensure the appropriate medical supervision is provided for Aboriginal people who are intoxicated or suffering from other substance abuses.
2.3 Where hospital facilities do not exist or are unable to be accessed, Aboriginal persons suffering from substance abuse be taken to the nearest appropriate centre, not a police cell, where prompt medical attention can be provided.
2.4 An appropriate certificated welfare course be established to provide adequate medical, counselling, community administration and Aboriginal and Tones Strait Islander studies training for Aboriginal people to staff the Aboriginal Substance Abuse Units.


3. Corrective Services Travel Assistant Scheme.
3.1 Aboriginal prisoners be placed in the institution closest to the area in which the prisoner's family resides (see Recommendation 168 of the RCIADIC).
3.2 The principle in 3.1 be the paramount consideration when classifying and detaining Aborigines in custody (see Recommendation 169 of the RCIADIC).
3.3 The Travel Assistance Scheme (operated by the Department of Corrective Services) be extended beyond members of the inmates "immediate family" and to include "extended family" in recognition of the special kinship and family obligations of Aboriginal prisoners.
3.4 "Family" to include immediate family and extended family.


4. Aboriginal youth and access to bail.
4.1 An informal Aboriginal Bail Homes Scheme be established for the purpose of diverting Aboriginal juveniles from police custody in situations where that juvenile is refused bail; especially in areas where alternative juvenile detention facilities do not exist (see Recommendations 62, 236, 239 and 242 of the RCIADIC).
4.2 In implementing the Aboriginal Bail Homes Scheme, the paramount consideration is to have Aboriginal juveniles placed in the homes of Aboriginal people.
4.3 Aboriginal juveniles under the Aboriginal Bail Homes Scheme be placed in homes in the area closest to where their families reside.
4.4 "Family", to include immediate family and extended family.

5. Fine default and Community Service Orders.
5.1 Imprisonment not to be an automatic consequence for an Aboriginal person in default of payment of fines (see Recommendations 92 and 121 of the RCIADIC). Urgent steps be taken to replace imprisonment as a means of fine enforcement with an alternate system.
5.2 Any alternate system of enforcement provide for the issue of community service orders.
5.3 Pending the implementation of an alternative system for fine enforcement, amendments be made to legislation or policy to provide that:

(a) A defendant be given the option of applying for a Community Service Order (CSO) at any stage from the time of penalty being imposed to the time that the warrant is finally executed;

(b) Police officers be required to give written notice personally to the defendant when executing a first issue warrant. Such notice shall set out the defendant's rights and contain a certificate executed by the serving police officer that the defendant has had his/her rights explained and that the defendant understood his/her rights (see s89B(1) Justices Act 1902 (NSW));

(c) The discretion of a Justice of the Peace to issue a community service order be removed compelling the issue of a CSO when first requested provided that the person is regarded as being a suitable candidate by the Probation Services to perform a CSO. (d) Where a CSO is breached the Clerk of the Court has the discretion to issue a further CSO on reasonable excuse being shown for failure to comply with that previous order.

6. Public Service Employment Notices.
6.1 Plain language be used in all public service employment notices and advertisements; particularly where the position is one designated for Aboriginal people.
6.2 Such Public Service employment notices and advertisements to define the meaning of the terms EEO, EAPS and OH&S, inter alia.

7. Aboriginal Court Officers.
7.1 Additional Aboriginal people be appointed as Court Officers; particularly to courts in country areas of New South Wales.
7.2 The role of Aboriginal Court Officers be extended in certain circumstances, to assist the courts to understand Aboriginal culture and local Aboriginal culture and local Aboriginal issues which may affect matters before the Court.
7.3 The role of Aboriginal Court Officers be extended to all courts in New South Wales.

8. Probation Services. Additional Aboriginal people be appointed as probation officers; particularly in country areas of New South Wales.

How to contact the AJAC

The AJAC invites all Aboriginal communities and interested persons to contact them concerning matters within the terms of reference.

The AJAC office is located at:

Level 16, Goodsell Building

8-12 Chifley Square

SYDNEY NSW 2000

The postal address is:

Aboriginal Justice Advisory Committee

c/- Attorney-General's Department

GPO Box 6

SYDNEY NSW 2001

Telephone: (02) 228 7007

Facsimile: (02) 228 8050


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