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by Jacqueline Gerber
Problems of family violence and the risk of harm to children, including the sexual assault and neglect of children in Indigenous communities, continue to receive heightened media attention and political debate. Recent reports indicate that child sexual assault in Indigenous communities is symptomatic of Indigenous disadvantage and is more often interconnected with exposure to family violence, substance abuse, poor mental and physical health, as well as social and economic disadvantage.[1]
As an independent government body established in response to recommendations of the Royal Commission into Aboriginal Deaths in Custody[2] the New South Wales (‘NSW’) Aboriginal Justice Advisory Council (‘AJAC’) has responsibility for ensuring ongoing commitment to the Aboriginal Justice Plan (‘AJP’).[3] As the AJP is applied by the State Government and its agencies, the AJAC is tasked with monitoring this implementation with the overall aim of reducing Indigenous overrepresentation in the criminal justice system (as offenders, victims of crime and for the broader Indigenous community), in part through addressing the underlying causes of offending behaviour.
The AJAC supports the 2006 findings of the Aboriginal Child Sexual Assault Taskforce (‘ACSAT’) report, Breaking the Silence – Creating Our Future: Addressing Child Sexual Assault in Aboriginal Communities in NSW (‘Breaking the Silence’)[4] and the 2007 Little Children are Sacred report,[5] from the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, in addressing the safety and best interests of Aboriginal and Torres Strait Islander children living with abuse, violence and disadvantage.
Both reports identify abuse and family violence as endemic and intergenerational in Indigenous communities; particularly in the rural and regional areas that were investigated. The ACSAT examined the AJP, Two Ways Together[6] and the 2002 AJAC report Speak Out, Speak Strong: An Inquiry into the Needs of Aboriginal Women in Custody[7] and formulated 119 recommendations in its overview of sexual violence in Indigenous communities in NSW.[8]
Breaking the Silence and Little Children are Sacred both highlight the link between child sexual assault and family violence,[9] and the need to develop a new model of justice that addresses these issues in terms of a cooperative whole-of-government partnership that is supportive of Aboriginal community driven responses.[10] As Indigenous child sexual assault is not specifically addressed in current policy and legislative frameworks, Breaking the Silence recommended that it be explicitly incorporated into political and agency agendas, including Two Ways Together and the AJP.[11] The abuse of Indigenous children is unacceptable in Indigenous culture and it must be acknowledged as an issue of national importance to prevent and stop the cycle of violence and improve the health and wellbeing of our Indigenous people.
Over the past 12 months the AJAC has undertaken a number of projects aimed at addressing family violence in Indigenous communities in NSW. Four projects have been developed as early intervention and prevention measures to build an awareness of family violence issues as they relate to Aboriginal and Torres Strait Islander children and families. These initiatives aim to educate and empower Aboriginal and Torres Strait Islander children about their right to equality, protection and safety. They also aim to strengthen Indigenous families and communities to take responsibility for the welfare of their children with the consultation, partnership and support of other relevant government and non-government bodies. This action is consistent with the values of the AJAC and the goals and strategic directions outlined in the NSW Aboriginal Justice Plan.
The AJP was developed through wide consultation with Indigenous communities across NSW and affirms the Government’s commitment to addressing the underlying causes of offending behaviour in order to reduce the overrepresentation of Indigenous people in the criminal justice system. It provides the foundation to developing the relationship between government and Indigenous people over the next decade. The goals of the AJP are to reduce the number of Aboriginal and Torres Strait Islander people coming into contact with the criminal justice system; improve the quality of services and level of service delivery for Indigenous people; and to develop safer communities for Indigenous people. The AJP aims to work together with the Government’s State Plan[12] and Two Ways Together: the NSW Aboriginal Affairs Plan 2003-2012[13] to address Indigenous issues.
Several principles of the AJP are encompassed in the overall work of the AJAC. Particularly, Principle 1:
As Aboriginal people understand their own problems and issues, they are best placed to find innovative ways to address them.
Principle 3:
Connection to culture and family and the wider Aboriginal community is an essential component of protecting and supporting all members of the community.
and Principle 6:
The negative impact of past government policies, practices and philosophies on Aboriginal people will be recognised and acknowledged.
These principles are essentially grounded in the recent initiatives of the AJAC as highlighted in this paper.
The rate of child related violence within Indigenous communities is disproportionately higher than in non-Indigenous communities across Australia.[14] In terms of child sexual assault incidents, for example, the ACSAT found that the rate for Indigenous females in NSW under the age of 16 years in 2004 was more than double that of non-Indigenous females in the same age group (respectively, 468.7 and 192.1 per 100,000).[15] This rate mirrors the overrepresentation of Indigenous people in the social, economic and criminal justice systems across Australia.[16]
The four projects outlined in this paper are among ‘firsts’ for the NSW AJAC in addressing family violence and child protection issues in Aboriginal and Torres Strait Islander communities.
In early 2006, the AJAC was one of several agencies invited to comment on the Review of the NSW Department of Community Services Children and Young Persons (Care and Protection) Act 1998 (NSW).[17] This submission detailed the various shortcomings of the NSW child protection legislation as it relates to ‘at risk’ Indigenous children and families in NSW, and provided recommendations to strengthen the legislation in terms of cultural appropriateness and to strengthen its effectiveness in keeping those at risk safe from abuse. The AJAC still awaits feedback from the NSW Department of Community Services in terms of the recommendations presented. The submission can be viewed on the AJAC’s website.[18]
As part of Law Week 2007, the Know The Score, Check Out The Law project was endorsed by the NSW Attorney General’s Department and the NSW Aboriginal Education Consultative Group (‘AECG’). The AJAC promoted a children's activity worksheet competition that asked Aboriginal and Torres Strait Islander students from select primary schools in NSW to voice their understanding of law and justice systems and how these impact on local community issues.
Of the 68 entries received, many of the young children revealed personal and tragic insights into incidents of violence and abuse. It should be noted that the AECG has undertaken to follow up all such cases with the relevant schools and authorities which are mandated to report and investigate these concerns. The project also aimed to develop partnerships between schools, courts, police and government agencies to support and protect Indigenous children who may come into contact with the law.
Certificates of Merit were awarded to the schools and students who participated in the competition. Ten winners were chosen and each received a prize of a DS Nintendo. Winning entries were exhibited on the AJAC website and interest was generated in the project by Indigenous media groups and various regional newspapers. A mentoring program amongst Indigenous teachers was also set up by the AJAC as an element of this project.
Ultimately, the competition was extended outside of Law Week to enable schools to run the competition. Many of the schools have since chosen to keep the AJAC worksheet[19] to inform future excursions where students make contact with law enforcement and crime prevention agencies within their local communities. Similarly, the AJAC has been involved in other community-based activities which are featured on the website, promoting the rights and needs of Aboriginal and Torres Strait Islander people within the parameters of NSW Aboriginal Justice Plan.
This project was jointly funded by the AJAC and the Aboriginal and Torres Strait Islander Arts Board to address the concerns regarding escalating family violence in Indigenous communities. A competition was developed in mid-2006, inviting the participation of Aboriginal and Torres Strait Islander children from selected primary schools in NSW to engage with the arts and to denounce violence in their communities.
Over 130 entries ranging from artworks to written compositions were received and twelve winning entries were featured in the Our Kids: Stay Safe, Stay Strong 2007 Calendar, which was launched in January 2007. These winners were also given iPods as prizes for their efforts. Certificates of Merit were awarded to the schools and students who contributed to the competition. The overall winners of the competition and their teachers from Walgett Community College were invited to Sydney to attend the calendar launch and visit Taronga Zoo and cruise Sydney Harbour on the historic Tribal Warrior. It was a wonderful experience for the children who had never been outside of their local community before, let alone flown on aeroplanes to visit Sydney! Walgett Community College also received books for their school library. These winning entries can also be found on the AJAC website. The calendar was distributed to numerous stakeholders throughout NSW; particularly to child protection and family violence support agencies. Indigenous media around NSW supported the publicity of the calendar and the children involved in the project. Requests for annual calendars have been made to the AJAC which may see the project become a recurrent one.
Much was learned from the project, particularly in terms of achievable time frames for the schools to be actively involved. Also, given the sensitive nature of the topic, the AJAC is aware of the need to set up protocols to appropriately respond to any disclosures of abuse and family violence evident in the entries, including how to protect the identity of any winner who may have identified their personal circumstances in their entry.
The Our Kids: Stay Safe, Stay Strong Children's Activity Book follows on from the 2007 Calendar. In early 2007, the author, Jacqueline Gerber, and Aboriginal artist Adam Hill started work on the book which has assisted in the implementation of both the NSW Aboriginal Justice Plan and the NSW Interagency Plan in building partnerships with relevant stakeholders to tackle the protection of children from abuse in their communities.
The Our Kids: Stay Safe, Stay Strong Children’s Activity Book has received wide acknowledgment as a groundbreaking resource that teaches Indigenous children about their right to a safe family environment. The book is an interactive resource tool aimed at building awareness, skills and safety networks for children, to protect them from family violence and abuse. Prior research conducted in the initial stages of the project revealed an absence of resources for Indigenous children on the topic of family violence and abuse. Therefore, the book uses age-appropriate examples and culturally relevant activities to engage Indigenous children and assist them to understand that violence is not acceptable, is never their fault and that they should reach out for help. The activities also allow children, supported by their parents, carers, other trusted persons or trained professionals, to disclose abuse in a supportive context.
The activities may be undertaken on a one-to-one basis or in a small group setting with children. Some children may require additional supervision, guidance and reinforcement of the messages given in this book by a responsible adult. The activities may be used to identify and discuss stressors in children’s lives that may alert to certain risk factors. In these circumstances facilitators may need to prioritise and plan how to make these children’s lives safer through facilitator input, the support of relatives, and of the community. Referral and investigation by child protection agencies may be necessary for the legal protection of such children, especially with regard to protocols around mandatory reporting. An information directory of relevant support agencies is included in the back of the book for those in need of assistance from family violence.
The main learning outcome of this book is the encouragement of children to use their creative talents, through colouring, drawing or writing about their lives which may be marked by fear and violence, and empower them to develop the skills and knowledge to speak out, stay safe and stay strong in these difficult times. The ideas presented in the book are drawn from the writer’s training and experience in casework and management roles in child protection and family assessments, juvenile justice, adolescent crisis work, cross-cultural counseling, policy and project work.
The success of the Our Kids: Stay Safe, Stay Strong Children’s Activity Book has been a highlight of the AJAC’s work since its release, with requests for the booklet coming from every state and territory in Australia and thanks from people and agencies overseas for the initiative. Ten thousand free copies of the book were officially rolled out at the book’s launch in September 2007 to specialists in the judiciary, education, adult education and training, health, child protection and other family violence counselling and support services, and especially to Indigenous workers within these agencies.
Approximately 6000 copies were distributed within two days of the launch, with the other remaining copies exhausted within six weeks of the book’s publication. The book has also attracted a lot of attention in Indigenous media and among Indigenous school students who have endorsed the book’s theme to fit their own visions and personal messages of speaking out, staying safe and staying strong. The book is presently archived in university libraries in NSW, the ACT and Victoria and within the National Domestic and Family Violence Clearinghouse and the Australian Institute of Family Studies National Child Protection Clearinghouse.
The book’s author, Jacqueline Gerber has won recent acclaim in Communications Excellence in the 2007 Annual Achievement Awards of the NSW Attorney General’s Department.[20] The publication also received the ‘Prevention Award’ at the 2007 NSW Violence Against Women Prevention Awards, in recognition of its outstanding contribution to the prevention of violence against women. NSW Minister for Community Services Kevin Greene presented the award to the AJAC Executive Officer, Terry Chenery in November 2007.[21]
Family violence is a very complex topic for children to understand. Much was gained from this project in terms of understanding the need to establish a focus group of children to undertake these activities to ensure that the wording and concepts are age- and culturally appropriate. It has been important to allow time for stakeholders to provide feedback and editing; to ensure that time is spent promoting the book to ensure its widest distribution for use as a tool to help stop and prevent family violence; and to stress that the activities in the book must be supervised by trained workers wherever practicable.
Funding is currently being sought to evaluate the publication with these points in mind, and for re-printing in the near future to meet the enormous demand the book has generated around Australia. The book can be downloaded as a free publication from the AJAC website.[22]
These four unique projects produced by the NSW AJAC fall within the goals, principles and strategic directions of the NSW Aboriginal Justice Plan. The cooperation between the AJAC and relevant stakeholders shows how different agencies, working in different jurisdictions, can achieve the joint goal of empowering Aboriginal children and families. Communities need to be empowered to deal with their own issues of violence, to not accept violence, and to seek and expect help.
The self-determination and participation of Aboriginal and Torres Strait Islander people must be at the heart of solutions to address child abuse in these communities. Prevention and early intervention strategies must educate and protect the wellbeing of these children to stay safe and strong in their families and communities. The AJAC looks forward to continuing its work with government and community-based partners to advocate and support our Indigenous communities in reducing the impact of their disadvantage and their overrepresentation in the criminal justice system and the lower socioeconomic strands of NSW.
Jacqueline Gerber is a psychologist with over 24 years in child protection. She is currently working in government policy, curriculum and project officer roles for both the NSW AJAC and the NSW Department of Community Services' Learning and Development Branch. Her work has given her many powerful and humbling insights into abuse and disadvantage, particularly amongst our Indigenous community, and an awareness of the practical challenges that confront parents and professionals in protecting the wellbeing of our children. As a mother of three, Jacqueline acknowledges the importance of her own family, culture and community in helping her to help others build a brighter future where our kids stay safe and strong.
[1] NSW Aboriginal Child Sexual Assault Task Force (‘ACSAT’), Breaking the Silence: Creating the Future (2006); Rex Wild and Pat Anderson, ‘Ampe Akelyernemane Meke Mekarle “Little Children are Sacred”: Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse’ (2007), <http://www.nt.gov.au/dcm/inquirysaac/> at 14 April 2008.
[2] Commonwealth, Royal Commission into Aboriginal Deaths in Custody, Royal Commission into Aboriginal Deaths in Custody: National Report (1991).
[3] New South Wales Aboriginal Justice Advisory Council, NSW Aboriginal Justice Plan: Beyond Justice 2004-2014 (2003).
[4] ACSAT, above n 1.
[5] Wild and Anderson, above n 1.
[6] NSW Government, Two Ways Together: NSW Aboriginal Affairs Plan 2003-2012 (nd) (‘Two Ways Together’).
[7] Aboriginal Justice Advisory Council, Speak Out, Speak Strong: An Inquiry into the Needs of Aboriginal Women in Custody in NSW (2002).
[8] ACSAT, above n 1, 16.
[9] ACSAT, above n 1, 66; Wild and Anderson, above n 1, 116.
[10] ACSAT, above n 1, Recommendations 5, 7 and 17; Wild and Anderson, above n 1, Recommendations 1 and 5.
[11] ACSAT, above n 1, Recommendations 3-12.
[12] NSW Government, A New Direction for NSW: State Plan (2006).
[13] Two Ways Together, above n 6.
[14] ACSAT, above n 1, 39.
[15] ACSAT, above n 1, 70, citing the Bureau of Crime Statistics and Research (2005) (information provided to ACSAT upon request).
[16] See generally, Aboriginal Justice Advisory Council, above n 7; Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2003 (2003).
[17] Aboriginal Justice Advisory Council, Submission to the Review of the Children and Young Persons (Care and Protection ) Act 1998, 2006.
[18] Visit <http://www.lawlink.nsw.gov.au/ajac> and select ‘Publications’ to locate submission.
[19] See, <http://www.lawlink.nsw.gov.au/lawlink/ajac/ll_ajac.nsf/vwFiles/AJACworksheet_ai.pdf/$file/AJACworksheet_ai.pdf> at 15 April 2008.
[20] NSW Aboriginal Justice Advisory Council, ‘Our Kids: Stay Safe, Stay Strong Book’, (2007) 3 AJAC Newsletter: Justice for Our People, 3.
[21] NSW Attorney-General’s Department, ‘Aboriginal children’s book wins crime prevention award, (Press Release, 30 November 2007).
[22] See <http://www.lawlink.nsw.gov.au/ajac> .
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