Kelly, Leasa --- "State and Territory Implementation of the Recommendations of the Royal Commission: New South Wales" [2001] IndigLawB 31; (2001) 5(8) Indigenous Law Bulletin 8

State and Territory Implementation of the Recommendations of the Royal Commission –

New South Wales

by Leasa Kelly

Importantly the final report of the Royal Commission contained several recommendations that aimed to redress the broader social and economic issues facing Aborigines.[1] The RCIADIC report also correctly acknowledged the importance of Aboriginal organisations and self-determination in redressing underlying issues.

The New South Wales Government has successfully implemented a number of recommendations of the Royal Commission that relate to the upgrading of police cells and prisons. Various other state government agencies have provided glossy reports that put forward various programs and projects as part of the State Government’s response to the RCIADIC recommendations. Sadly, there has been no co-ordinated effort on behalf of the NSW Government to address the core of these recommendations.

Whilst the NSW State Government can be credited for putting in place some of the technical recommendations of RCIADIC, for Aboriginal prisoners there has been little change. The number of Aboriginal people in NSW prisons reached a staggering 1400 in 2001. The percentage of Aboriginal youth in juvenile centres has not changed. Unfortunately the number of deaths in custody in NSW has not improved either. Recidivism rates are still alarmingly high as is the number of Aboriginal people coming into contact with the police. Over-policing is still a very real issue, particularly in small country towns with high Aboriginal populations.

So what went wrong? The answer is simple. The improvements to buildings such as reception centres and video monitoring have easily been implemented, but attitudes of those within the criminal justice system have not improved, particularly the NSW police service where the initial contact with Aborigines take place. Further, we need to look at the effectiveness of pre- and post-release services that are provided to those being released from custody. We need also to look at Aboriginal services that are available to inmates within the prisons.

There are questions that need to be asked. Have Aboriginal organisations been involved? Where is the range of alternative programs to divert Aboriginal youth away from custody? When will the various state agencies make some real commitment to addressing these issues?

Leasa Kelly is the Chief Executive Officer of NSW Aboriginal Prisoner Family Support.

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[1] Example of these include: Recommendation 168 – prisoners should be placed or transferred so that they are close to where their family live; and Recommendation 186 – prisoner should receive access to education and training when other inmates are working.