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Thomas, Carol; Jowett, Tina --- "Update Part Two October 1994: Aboriginal Women's Legal Resource Centre" [1994] AboriginalLawB 55; (1994) 3(70) Aboriginal Law Bulletin 15


Update - Part Two

October 1994

Aboriginal Women’s Legal Resource Centre

Aboriginal Women represent 16% of the total number of female homicide victims in Australia. This statistic is understandably alarming for Aboriginal women. With the homicide rate for Aboriginal women so high it is not surprising that many of them are also survivors of violence. This harrowing social, crime and health problem needs to be addressed by government and non-government agencies.

A group of Aboriginal women from New South Wales have established the Aboriginal Women's Legal Resource Centre Inc. at Harris Park in Western Sydney to bring attention to the issues affecting Aboriginal women.

Economics

Studies have shown that Aboriginal women and children suffer on a daily basis as a result of violence.[1] This is an economic as well as a social problem. Society is paying the costs for men in gaol for violent crime, women's health problems from violent acts, child welfare from fragmented families and social security from family breakup.

Present services

The Aboriginal Legal Service (ALS) was originally established to provide defendant legal services for Aboriginal people (who were being arrested at alarming rates) in the 1960's. Most of the defendants were charged with alcohol related crimes and most of them were men. Problems for Aboriginal women have arisen with this system. ALS now has a large clientele of Aboriginal men. Like any other legal service, it cannot represent another client against an already existing client, as this would create a conflict of interest. Thus it cannot give legal advice or assistance to women when it has already represented their partners in the past. Hence, when Aboriginal women try to obtain Apprehended Violence Orders or advice about a domestic violence situation, the ALS cannot help them. Women have to find themselves another lawyer, who may not necessarily have an understanding of the Aboriginal culture or women's issues.

An Aboriginal woman may also find herself in court against her partner who is being represented by an ALS solicitor.

ALS is not the only legal service that cannot represent Aboriginal women in conflict situations. The avoidance of conflict is a basic tenet of the rules of legal professionals. Some small towns in more remote regions of Australia only have one solicitor. If this is the case, Aboriginal women can be turned away because the only solicitor in town (or the only visiting Legal Aid solicitor), cannot represent them because of conflict. This conflict situation for lawyers and legal services has good professional logic but it is debilitating for Aboriginal women who desperately need legal assistance and advice. It means that Aboriginal women must travel long distances to procure legal assistance.

Aboriginal Women's Legal Resource Centre Inc.

Studies carried out by the NSW Women's Co-ordination Unit (now the Office for the Status and Advancement of Women) uncovered an appalling lack of support for Aboriginal women in the community. Aboriginal women discussed the absolute helplessness they felt when they were denied legal assistance. Many Aboriginal women and men have recognised that this situation is eroding their communities and say that this situation needs to be addressed as soon as possible; not just for themselves, but for future generations.

A conference on Aboriginal Women's needs was held in Parramatta in 1992. It recognised that there was an urgent need for a service to highlight problems in the general community, provide advice and assistance to Aboriginal women, and educate Aboriginal communities about violence.

After the Parramatta conference submissions were put by a group of Commission women to the Legal Aid Commission (subsequently passed on by the Commission to the Law Foundation) and ATSIC requesting funding for the proposed Women's Legal Resource Centre. The funding application forwarded to ATSIC has been unsuccessful (ultimately rejected in September 1994), however, in 1993 the Law Foundation funded a Project Officer for one year. The Project Officer, Susan Gibbs, has spent most of 1994 travelling throughout rural NSW educating Aboriginal communities about the Resource Centre project and the detrimental effects on a community of violence against women.

Future directions

The Aboriginal Women's Legal Resource Centre has three initial aims for its project:

A further submission for funding has been put to the Attorney-General's Department as part of the Access to Justice Report response. The Aboriginal Women's Legal Resource Centre awaits, with great optimism, a positive response from Mr Lavarch.

by Carol Thomas and Tina Jowett


[1] Atkinson, Judith, "Violence in Aboriginal Australia, Colonisation and its impact on Gender", (1990) 36 Refractory Girl, 21-24; 6olger, Audrey, Aboriginal Worsen and Violence: A Report for the Criminology Research Council and the Northern Territory Connnissioner of Police, ANU, North Australia Research Unit, 1991.


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