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Evans, James --- "Aboriginal Justice Advisory Committee (NSW)" [1994] AboriginalLawB 60; (1994) 3(71) Aboriginal Law Bulletin 11


Aboriginal Justice Advisory Committee (NSW)

by James Evans

A previous article (see acs 68/23) informed people of the functions of AJAC, and the types of recommendations which have been put forward to the NSW Attorney-General concerning implementation of the Recommendations of the Royal Commission Into Aboriginal Deaths In Custody (RCIADIC), as well as other matters within AJAC's terms of reference. AJAC has been, and will continue to be, an effective mechanism for monitoring implementation of Recommendations of the RCIADIC.

It is not possible to report on all the developments which have occurred in response to the recommendations of AJAC; however, the following gives an overview of the major initiatives with which AJAC has been involved over the past eighteen months.

National Aboriginal Justice Advisory Committee

Recommendations have been made to the NSW Attorney-General by AJAC concerning the establishment of a National Aboriginal Justice Advisory Committee.

Pursuant to Recommendations 2 and 3 of the RCIADIC, it is the responsibility of each State/Territory to establish an Aboriginal Justice Advisory Committee with sufficient staff to enable it to effectively give advice to the AttorneyGeneral or Minister for justice on justice issues as they affect Aboriginal and Torres Strait Islander peoples. Since the RCIADIC, the implementation of these Recommendations has varied between each State/Territory.

At the National Conference of Aboriginal Justice Advisory Committees in Perth on 24-26 May 1994, a recommendation was put forward by the AJAC (NSW) concerning the establishment of a national body. This was unanimously supported by all representatives to the National Conference (with the exception of Tasmania, who were not represented).

It is proposed that the national body would be a representative body of the Chairpersons of each of the.AJACs from each State/Territory, and serviced by a secretariat to be supported by the Commonwealth Attorney-General's Department. The purpose of a national body would be to independently monitor the Commonwealth, State and Territory Governments' responses to Recommendations of the RCIADIC. This would ensure a continued national focus on those Recommendations.

Subsequently, this matter was listed on the agenda for the meeting of the Standing Committee of Attorneys-General (SCAG) held on 3 November, 1994. The issue has so far received support from both the NSW and Commonwealth Attorneys-General. A definite decision on the establishment of a National AJAC will be made at forthcoming meetings of SCAG.

Family counselling

Recommendation 4 of the RCIADIC concerns the availability of counselling for the families of those who have died in custody. In NSW, few of the families have been able to avail themselves of this opportunity. Implementation of Recommendation 4 has been less than adequate, and the consequences have been tragic for the families concerned.

Recent meetings between the Office of Indigenous Affairs and AJAC have resulted in a meeting scheduled for this December of all counselling service providers, both community-based and government, to enable an action plan to be formulated. The emphasis of this meeting will be on identifying the range and appropriateness of services available and how those families who wish to avail themselves of the services can best access them.

Subsequently, a meeting of the families of those who have died in custody will be organised by Tranby Co-operative Aboriginal College to present information to the families on counselling services available should those families or individuals wish to access them.

It has been recognised by both AJAC and the Office of Aboriginal Affairs that the issue of provision of counselling for the families of those who have died in custody requires urgent attention and action is being taken to remedy the lack of counselling services thus far made available to those families.

Aboriginal and Torres Strait Islander Employment Strategy

AJAC has recommended to the NSW Attorney-General that, pursuant to Recommendations 305 and 306 of the RCIADIC, all law and justice agencies adopt a Strategic Plan for the recruitment, employment and training, education and career development of Aboriginal and Torres Strait Islander people in NSW.

The NSW Attorney-General's Department has recently approved the adoption of an innovative Aboriginal and Torres Strait Islander Employment Strategy, subject to funding from the Commonwealth Department of Employment, Education and Training (DEET). The Aboriginal and Torres Strait Islander Employment Strategy, as currently proposed, will include the employment of an Aboriginal or Torres Strait Islander person to co-ordinate the Strategy, administering a legal cadetship program for Aboriginal and Torres Strait Islander people that covers both public and private sector organisations, and the employment of two Aboriginal and Tones Strait Islander legal cadets within the Attorney-General's Department.

It is anticipated that the Attorney-General's Department will launch its Aboriginal and Torres Strait Islander Employment Strategy in early 1995.

Juvenile justice

AJAC has been appointed a specific place on the new State Community Youth Conferences Council to be chaired by the Chief Magistrate (or his nominee). AJAC's representative on the Council is Ms Julie Perkins (Community Representative from Lismore). In addition, there is a specific place on the Council for an Aboriginal and Torres Strait Islander person to be appointed as a Community Representative.

Generally, the Council will oversee the operation of the Community Youth Conferences (CYC) Scheme and develop policy guidelines on its implementation. The CYC Scheme is to be piloted at Wagga Wagga, Bourke, Moree, Campbelltown, Marrickville and Castle Hill. If the Scheme is evaluated as being successful, it may be extended on a regional basis across NSW.

The CYC Scheme is a major focus of the NSW Government's policy in relation to juvenile justice. It is essentially a precourt diversionary scheme which allows juveniles who have admitted to, or been found guilty of the commission of, a summary offence (or an indictable offence capable of being heard summarily) to be referred to a CYC Scheme. The Scheme excludes those juvenile offenders who are accused of any sexual offence or a serious indictable offence.

The model which has been adopted is similar to the juvenile justice scheme operating successfully in New Zealand. The CYC Scheme involves the voluntary participation of the victim, the juvenile offender and his or her responsible family member/s, a juvenile justice officer, a police officer and any other person considered appropriate. The juvenile offender will only be subject to the Scheme where he or she has consented to that occurring.

A major emphasis of the Scheme will be to prevent re-offending and for the juvenile offender to make reparations where that is considered appropriate.

The CYC Scheme is to be administered by the Community Justice Centres, who will also have the responsibility of training the convenors of the CYC. It is anticipated that a number of Aboriginal people have been and will be trained as convenors of the Schemes in local areas.

The distinct advantage of the CYC Scheme over other existing processes of juvenile justice is that the juvenile offender who is referred to this Scheme will not have a conviction recorded against his or her name.

Further recommendations

Since April 1994, AJAC has given further advice to the Attorney-General (NSW) on a range of matters, including:

The recommendation made in respect of each of these areas is specific and directed toward following up on the Recommendations of the RCIADIC. These matters are currently before the NSW Attorney-General, the Hon. John P. Hannaford MLC, for his consideration.

It is essential to the functioning of AJAC to have the maximum input by Aboriginal and Torres Strait Islander communities in NSW. All Aboriginal communities and interested persons who wish to have input into matters within the terms of reference are welcome to contact AJAC addressed as follows:

Mr James Evans
Executive Officer,Aboriginal Justice Advisory Committee
c/- Attorney-General's Department (NSW)
GPO Box 6
SYDNEY NSW 2001
Ph. (02) 228 7007
Fax. (02) 228 8050


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