Aboriginal Deaths in Custody Royal Commission Implementation of the Commonwealth Government responses to the recommendations of the Royal Commission Reports 1995-96-Vol. 1 (2024)

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Aboriginal Deaths in Custody Royal Commission Implementation of the Commonwealth Government responses to the recommendations of the Royal Commission Reports 1995-96-Vol. 1

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ltn p 1 etnen ta tion of the Commonwealth Government responses to the Recommendations of

THE

ROYAL COMMISSION into ABORIGINAL DEATHS IN CUSTODY

AL REPORT 1995--1996 Volume 1

ltn p letnen ta tion of the Commonwealth Government responses to the Recommendations of

THE

ROYAL COMMISSION into ABORIGINAL DEATHS IN CUSTODY

ANNUAL REPORT 1995-1996 Volume 1

Produced by the Royal Commission Government Response Monitoring Unit, Aboriginal and Torres Strait Islander Commission PO Box 17, Woden, ACT 2606

Printed by National Capital Printing, Fyshwick, ACT.

ISSN 1321 -277X

Annual Report 1995-96 11

Structure of the Annual Report - Volumes 1 and 2

Because of its size, and for ease of handling, this report is divided into two volumes.

Volume One

Chapters One to Twelve

Volume Two

Chapters Thirteen to Twenty Three

Annual Report 1995-96 Ill

Annual Report 1995-96 IV

CONTENTS

Foreword by the Minister for Aboriginal and Torres Strait Islander Affairs ................................................................................. .xi

Chapter] .............................................................................................. ]

Trends in Aboriginal and Torres Strait Islander Deaths in Custody and Incarceration ............................................................... ........................... .

Executive Summary ......... ...... ..... .. ... ... ..... .... ..... ........ ... .. ........ ...... .......... ...... ... ... 2

Introduction ........ .................... ..... ........ ....... .. ... ... ............................ ..... ... ..... ....... 7

Aboriginal and Torres Strait Islander Juveniles in Detention ......... ..... ........ ... 29 Aboriginal and Torres Strait Islander People In Police Custody ..... .. ... .... ...... .42 Aboriginal and Torres Strait Islander People in Prison ... .. .... ........ ..... .. .... ...... .46

Chapter 2 ............................................................................................ 63

Monitoring Implementation of the Recommendations .............................. .

Annual Report of the Aboriginal and Torres Strait Islander Justice Commissioner .. .... .............. .... ..... ....... ....... ..... ... ........ ... ....... ... ........... ............. .. 64

Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit ........................ .... .... ...... ....... ... ......... .......... ................. ......... .. 72

Aboriginal and Torres Strait Islander Coordination, including Involvement of Aboriginal and Torres Strait Islander Peoples in Implementing, Monitoring and Reporting in State/Territory Implementation and Monitoring ..... ..... .. .... .. .... ....... .. ... ..... ..... .. ....... .. .. ... ..... ... .. 75

Chapter 3 ............................................................................................ 83

Overview ........................................................................................................ .

Recommendation 1 .... .. .... .... ... ........ ... ... ......... ... ... .. ....... ..... ...... ...... ... .. .. ..... ...... 84

Recommendation 2 ............. ..... ............ ... ..... .. .... .. ....... ... .... .. ... .. .. ..... .. ........ ...... 90

Recommendation 3 ......... .... .. ... ... .. ........... ...... .. ....... .... ............. .... ........... .... ... .. 90

Chapter 4 ............................................................................................ 93

Matters Arising from the Deaths ................................................................. .

Family Counselling Program Report .... .... .. ..... .... .. ...... ... .. ..... .... .. .. .. ... ... ... .. .... . 94

Recommendation 5 .... .. .... .... ..... .... ..... .... .... ...... .... .. ..... .. ... .. ...... .. ................ ...... 96

Chapter 5 ............................................................................................ 9 7

Post-Death Investigations ............................................................................. .

Recommendation 6 ... ........ ...... .... ..... ...... .. ....... .. ..... .. ............ ...... .. ...... .. .. ..... ..... 98

Recommendation 20 ...................... .............. .. ........ ....... ....... .. .......... .. .. .. ........ 1 00

Royal Commission v

Recommendation 23 .. .. ........ ........... ......... .... .. .. ... .. ... ...... .... .......... .. .. ... ........ .. . 1 02

Recommendation 24 ............ .. .... ... .. .. ... ... .... ... ... ............ .... ........ ....... .. ... ......... 1 04

Recommendation 25 ................ ..... .. .. .. ... .... .... ..... .. ..... ...... .. .. ... ........ .... .. .. ....... 1 06

Recommendation 26 ............................................ .. ........... ........................... .. 1 08

Recommendation 27 ........ .......................... .. ..... .. ........ .. .......... .. ........ .. .. .. .. ..... 11 0

Recommendation 32 .................. .... .. .. .......... .... ....... .. .. .. ...... .......... ...... .. .... .. .. . Ill

Recommendation 33 .......................... .. ............ ...... ...... .... .. ...... .. .. ... .. .. .. ........ . 11 3

Chapter 6 .......................................................................................... 115

Statistics and related research on Aboriginal deaths in custody .............. . Statistics and related research on Aboriginal deaths in custody conducted by the Australian Institute of Criminology .... .. ................ .... .................... .. .. .. ..... 1 16

Recommendation 40 ................... .. .... ............. .... .............. .... ... ... .. .......... .. .. ... . 121

Recommendation 41 .............. .. ..... .. ...... .. .. ... .. ... .................. .. .... ... .. ... ..... .. .. ... . 123

Recommendation 42 .. ..... .. ... .... ......... ........................... ..... ............................. 126

Recommendation 43 .. ................. .. .......... .. ............................................. .. .... .. 12 8

Recommendation 44 .... .. ............. ... .... .. .... .. ................... .. .. ... ................ .... .. .... 130

Recommendation 45 .... .. ......... ... ....... .. .... ...... .. ...... .. .. ............ .... .... .. .... ...... ..... 131

Recommendation 46 .................................... .. ................................................ 133

Recommendation 4 7 .............. ... .... ..... ...... .. .. .. .. ..... ..... .. ................ ... .. .......... ... 13 5

Chapter 7 .......................................................................................... 13 7

Diversion from Police Custody .................................................................... .

Recommendation 80 ................... ........ .. .. ...... .. ................................ .... .. .. .. ... .. 13 8

Recommendation 81 ............. ...... .. ...... .. .. ..... ... .. ... .. ... .. ..... .. .... .. .. ...... .... ... .. ..... 140

Recommendation 85 ... .... .. ... ... ..... .. ...... ..... .......... .... .. .... .... .. .......... ......... ........ 142

Recormnendation 86 ... .. .............. .... .... .... ........ .. .......... .. .. .. ..... ..... .......... ..... .... 145

Recommendation 87 ..... .. .... .. ............ .. .... ... .. ... ......... .. ............. .. ... ... .... .... .. ..... 147

Recommendation 88 ........ .. ................... .. .............. .. .... .... .. .. .... .. ..................... 151

Recommendation 89 .. ............................ .... ............. .. .... .... ... .. ............ .. .. .. ...... 154

Recommendation 90 .. ..... .. ................ .. ........ ............. .. ...... .. ..... ... .................... 156

Chapter 8 .......................................................................................... 159

Imprisonment as a Last Resort .................................................................... .

Aboriginal and Torres Strait Islander Legal Services .... .... ...... .... .. .. .............. 160

Aboriginal and Torres Strait Islander Languages Interpreter Training Program ...................... ......... ... ....... .... ... ....... ....... .. ... .... ..... ....... ........ ...... ......... I65

Recommendation 95 ........... .. .......... .. .. .. .. .... ...... ..... .. .... ......... .... .... ... .. ............ 170

Recommendation 96 ... ..... ..... ...... ... ... ..... .. .. ... .. ...... ...... ............... ..... .... .. ....... .. 1 72

Recommendation 97 ....... .. ..... .. ............. .................... .. ....... .. ............ .. ... .. ....... 175

Recommendation 99 .. .... .. ....... ...... .. .......... .. ...... .. .............. .. .... .. .......... .... .... .. . 17 6

Recommendation I 00 ...... ... .. .. .............. .. ...... .. ...... .. .................................. .. .. . 18 1

Recommendation 104 .. ................... ...... ...................................... .. ................. 182

Recommendation 105 ....... .... .... ....... ..................... .. ...... .. ...................... .. ....... 184

Recommendation 106 .... .. .... ................. ..... ........ .. ... ...................................... . 187

Annual Report 1995-96 Vl

Recommendation 107 ........ .......................... ......... .... ..... ...... .......... ... ... .. ........ 190

Recommendation 108 .... ... ....... ....... ... .... .. ..... .... ...... ..... .... ..... ............ .... .. .. .... . 193

Recommendation 110 ........ .. ................. .. .... ........ .... .... .. .... .. .. .................. .. ..... 195

Recommendation 114 .. ................................................................... .............. . 197

Recommendation 115 ... .... .. .. ..... .............. ... .. ....... ....... .... ..... .......................... 201

Recommendation 119 ... ........... ..... .............. .. ..... ............. .... ... .... .. .... .............. 203

Recommendation 120 .................... ........ .... ... ..... .................... ..... ..... ... .... ... .... 205

Recommendation 121 ....... .................................................... ... ... ............... .. .. 207

Chapter 9 .......................................................... ................................ 211

Custodial Health and Safety ................ ...... .. .. .. .. .. .... ..................... ............... ..

Recommendation 122 ............. ..... .. ......... .. ....... ... ...... ... .... ... .. ..... .................... 212

Recommendation 123 ................ ... .............. .. .......................... .. ...... .... ...... .... . 214

Recommendation 125 ............... ....... .... .. .... ............ ... .. ... ... ...... ......... ... .. ......... 216

Recommendation 126 ... .... ... .. ...... ...... .. ...... .. .. ...... .. ... .. ...... .... .. ................ ...... . 218

Recommendation 127 ... ...... .. .............. ... .......... .... ..... ..... .... ... ...... ....... .......... .. 220

Recommendation 129 .......... ... .. ... ... .... .... ....... ................................... ... ...... .... 224

Recommendation 130 ... ... .... ... .. ....... ... ...... ........... ....... .... .. ............................. 226

Recommendation 131 .......... .... ... .... .... .... .. ....... .. .. ............ ..... ....... ... .. .. ... ... ..... 22 8

Recommendation 132 ......... ... ..... .. .... ....... .............. ...... .... ..... .. ... ...... ... ... ........ 230

Recommendation 133 ................. .. ......................... ... ...... ..... .... ... .... ....... .. .. ... . 232

Recommendation 134 .... .......... .... ... ............ ...... ........ .. ..... ... .. .... ....... ... .. ......... 235

Recommendation 135 ...... ... .. ......... ... ... ... ........... ... ... ..... .. .. ....... ..... .... .... ......... 237

Recommendation 136 ... ...... .. .... ....... ...... ..... ... ...... .......... ... ............ ........ .. ....... 239

Recommendation 137 ...... ................. .. ...... ...... ........ .... .. .. .. .... .. .. .. ....... ....... .... . 241

Recommendation 138 ....... .. .. .. ...... .... .... .. .. .... ......................... ... .. ....... ..... .... ... 243

Recommendation 139 ... ............ ..... ... ............ ... ..... .............. ...................... ... .. 245

Recommendation 140 ....... .. ...... .. .. .. .. .. .............. ..... ......... .... .. .. .. .. ...... .. .. .... .... . 247

Recommendation 142 ..... ...... .. ............... .. ...... ... .... .. .... ..... ..... ... ..... .... ............. 249

Recommendation 143 ...... .. .. .......... .. ..... .. ...... .. .......... .. ........ .. .............. ........ .. . 25 1

Recommendation 144 ..... ... ... ......... ..... ... ......... ...... ........ ... ..... .. .... ..... ... .. ... ..... . 253

Recommendation 147 ... ....... ..... .... ... ... .. ...... ...... ......... ..... .. ..... ..... ......... .......... 25 5

Recommendation 149 ... .... .. ......... ..... ... ... .... ...... ....... .............. ..... ..... .. .......... .. 256

Recommendation 150 ... .... .. ... ........ ... ...... ...... .... ...... ...... .................. .... ..... ... .. . 258

Recommendation 151 ... .... .. ..... ... ... ... .... .... ........... ... ...... ... .... ... ... ... .. .... ... ...... .. 260

Recommendation 152 ........ .. .. .... ....... .. .. .. ......... .... ..... .... ... .. ... .. .. .......... ...... .. .. . 262

Recommendation 158 ........ .. .. .. .. .. ..... .. ..... ...... .... .......... ... .. .. ..... ....... .. ...... .. ..... 265

Recommendation 160 ... .... ........... ... ... ... .... .. .. ... ..... ....... ......... .. ............ .. .. ..... .. 266

Recommendation 162 ... .. ........... ............ ............. ...... .... .... .. ... .. ... .. ... ..... ..... .. .. 268

Recommendation 163 .... ......... ..... .. ........ ..... ..... ......... ..... .. ..... ........ .. .... ........ .. . 270

Recommendation 165 .... .... ... .. .. ...... .. ... ..... ... .......... ... .. .. ... ..... ...... .. .. ... .. .. ... .... . 272

Recommendation 166 ... ... .... ... ...... ... ... ... .... ... ... .... ..... ... ... .. ... ........ ... ... .... ..... .. . 274

Recommendation 167 ........ .. .... .... ...... .. ............ ..... ................ .. ... .. .. ... ...... ... .... 276

Royal Commission Vll

Chapter 10 ........................................................................................ 277

The Prison Experience .................................................................................. .

Recommendation 171 ... .. ....... ...... ....... ... .. ... .. ...... ............. .......... .... .... ... .. ... .... 278

Recommendation 172 ..... ..... .... .... ...... .. .. ........ .... ..... ............ ..... .. .. ... ... ..... .. .... . 280

Recommendation 173 ..... .. ...... ..... ........ .... ..... ... .. ......... .. ............. .... .... ... .. .... ... 281

Recommendation 174 .... ... .. .. ....... ... .............. .... .................. .. ... .. ... .. ... ... ... ...... 282

Recommendation 176 ..... .. ........................ ...... ..... ..... ... .. ... ..... .... ..... ... ... .. .. ..... 284

Recommendation 177 .. ... .... .. ....... ... .... ... ... ... ... ... .... ....... ........... .... .... .. ...... .... .. 286

Recommendation 178 ......... ... .... ............ ..... ... ... ... .... ....... .. ..... .......... ... .... .. ..... 289

Recommendation 184 ............ .... .......... ..... .. .. ..... .... .... ...... .... ....... .. ..... .... .. .. ... . 291

Recommendation 185 ... .. ... .... ........... ... ... ... ....... ...... ....... ...... ... ........... .... ........ 294

Chapter 11 .................. ...................................................................... 297

The Criminal Justice System: Relations with Police .................................. .

Police Training ... ... ... .... ... ... .............. .... .. ............... .... ..... ....... .. .... ........... .. ...... 298

Recommendation 60 ... ..... ....... ... ......... ......... .. ...... ... ........... ...... .... .... .. ...... ..... . 301

Recommendation 61 .... .. ....... .. ... .... ... ... ... ...... ........ ... ............. ... ...... ..... ........ .. . 304

Recommendation 214 .... ..... ..... ........ .... ... ... ........ .. ... ...... .... .......... .. .... ... ......... . 306

Recommendation 215 .... .... ... .. .. .... ... .. .... .. .. ... ........ ..... .. ........ .. .... .... ......... .... ... 308

Recommendation 219 ... ... ... .. .... ... ...... ... ... ..... ... ...... ... ....... ...... ... ..... ........ ........ 31 0

Recommendation 221 .... ........ .... ... .... .. .... ... .... ..... .... .. ....... ........ .... ... ............... 312

Recommendation 222 ........ ... .... .... ....... .. .... ..... .. ....... ....... ....... .... ....... ....... .... .. 314

Recommendation 223 ... ...... ..... .. .. .. .... ...... ..... .... .... .. .... ........ ..... .. .. .. ..... ...... ..... 319

Recommendation 224 .... ... .. ..... .... .... .. ..... ... ..... ........ ......... ..... ... .. ....... .... ......... 322

Recommendation 225 ...... ... ... .. ..... ..... .. ....... ... .......... ... .... .... ... .. ....... .... .. ......... 324

Recommendation 226 ...... ...... ..... ... ... .. ... ..... ....... .... .. .. ... .. ... ............. .... ... .. ...... 327

Recommendation 227 .... ............... ....... ... ... ....... ... .... .... .. ... .. ........ ...... .. ...... ..... 330

Recommendation 228 .................... .. .... ... ... .... .. ........ .... ........ .. .. ...... ..... ....... .... 331

Recommendation 229 ... .... ... ...... .. ....... .... .... ....... ... .. .. ... ................ .... .... ..... ..... 332

Recommendation 230 .. .. ........ .. ........... ....... .. ... ... ... .... .... ..... .. ...... ..... .... ...... ..... 335

Recommendation 231 .... ... .. ... ....... .. .. ...... ... ... ... ... ... ... ..... ..... .. ... .... .. .... .. .... ... ... 336

Chapter 12 ........................................................................................ 339

Young Aboriginal People and the Juvenile Justice System .......... ; ............ . Youth Bail Accommodation Program .. ..... ......... ..... .. .. ..... .. .......... ... .. .. ..... .... . 340

Young Persons Sport and Recreation Development Program .. .... ......... .. .. .... 343 Young People's Development Program .... ......... ........ ... ...... .. ..... .. ... ....... ....... 347

Recommendation 62 .................... ... .. .. .. .... ... ..... .. .... .. ... .. ...... .... ...... ........ ........ 351

Recommendation 234 ...... .... ..... .. ......... ...... ... ... ... .. ... ... ...... ..... ..... ..... .. .... ...... .. 355

Recommendation 235 ..... ..... ..... ..... .... .. .... ... ... ... .... ..... .. .. ...... ..... ... .......... ........ 357

Recommendation 236 ...... .... ... ........... .... ...... ... ..... .. .. ... ... ....... .. .... ... .. ..... .... ..... 359

Recommendation 237 ..... .... ............ ........... ........ .... ..... .... .. ...... ....... .... .......... .. 362

Recommendation 238 .... .... ... .. .. ... .... ..... .. ...... .. ... ..... .. ..... ... .......... .. .... ... .. ....... . 367

Recommendation 239 ... ... .......... .. ... ...... .. ..... .. .. ... ... ... ... .. ........ .. .... .... ... ... .. .... .. 371

Recommendation 240 .... ... .. .... ..... ....... ..... ..... .... .... .. ..... ... ....... .. ....... .. .... ... .. .... 374

Recommendation 242 ... .. ... ... .. ..... ... .. .. ..... ... .. ........ ..... .. ... .... ... ... .... .. ... .. ...... .... 377

Annual Report 1995-96 Vlll

TABLES

Jurisdiction, Aboriginality and Custodial Authority, Deaths in Custody 1995-96 ..... ..... .... ... ..... ........ .. ....... ........................... ..... .. ... .............. .. .. ..... ... .... .. 12

Circ*mstances ofDeath, Aboriginal ity and Custodial Authority, 1995-96 .... 13

Cause and Manner of Death, Aboriginality and Custodial Authority, Deaths in Custody, 1995-96 ... .. ... ....... ... .. ......... .... .. ......... ................................. 14

Police and Prison Custody Death Rates 1995-96 ........................ .... ...... ..... ... .. 15

Prison Custody Death Rates Denominators: Aboriginality, Non-Aboriginality and Total 15 yrs + 1995-96 .. ..... ......................... ............. ... .. .... .. 16

Police Custody Death Rates 1995-96 Denominators: Aboriginality, Non-Aboriginality and Total 15 yrs + 1995-96 ...... ...... ...................... .. .... ..... .. .. ...... 17

Prison Custody Death Rates 1995-96 Denominators: Aboriginality, Non-Aboriginality and Total Prison .. ... ... ..... ....... .... ... ...... .... ......... .. ...... ...... ........ .. .. 17

Police Custody Lockup Death Rates 1995-96 ...... .......... ..... ... .... .... .. ..... ...... ... . 18

Year of Death, Custodial Authority and Aboriginality , 1980-81 to 1995-96 Institutional Settings ... .. ...... .. ... .. ...... ...... ... .. ........ ............. .. .... .. ................ ...... .. 21

Australian Deaths in Custody 1990-91 to 1995-96 .. ............. .. ....... .. .......... .. ... 24

Australian Deaths in Police Custody and in Custody-Related Police Operations 1990-91 to 1995-96,by Aboriginality .......... .... .. .. .................. .... .. 25

Australian Deaths in Prison Custody 1980-81 to 1995-96 by Abori ginality .. 26

Number of Indigenous Persons 10-17 Years in Juvenile Corrective Institutions by Age , 30 June 1996 ...... ........ .. .. .... .. .......... .. .. .... .................. .... .. 30

Indigenous Juveniles as Percentages of all Juveniles Aged 10-17 Yrs in Juvenile Corrective Institutions, by age 30 June 1996 .... .. .. ...... .. .... .. .. ...... .. .... 31

Number of Indigenous Persons I 0-17 Years in Juvenile Corrective Institutions by Detention Status and Sex 30 June 1996 .. .... .............. .. ...... .... ... 32

Royal Commiss ion lX

Number of Other Persons I 0-1 7 Years in Juvenile Corrective Institutions by Detention Status and Sex 30 June 1996 .................... ...................................... . 32

Number, Percentage and Percentage Difference of Persons Aged I 0-17 Years in Juvenile Corrective Institutions by Detention Status and Sex .......... 33

Number ofPersons 10- 17 Years in Juvenile Corrective Institutions by Age and Indigenous Status, 30 June 1996 .... ...... .......................... .... .. ... .... .......... .... 34

Persons 10-17 Years in Juvenile Corrective Institutions By Age and Indigenous State Rate per 100,000 Relevant Population 30 June 1996 .. ... ..... 34

Indigenous Persons Aged I 0-17 in Juvenile Corrective Institutions Over-Representation Ratios, 30 June 1996 .............. ......... .... ......... ........................... 35

Persons 10-17 years in Juvenile Corrective Institutions Australia, September 1993 to June 1996 .......................... ... ....... ........ .... ............................ ..... .... ... .... 36

Quarterly Averages: Numbers, Rates and Over-Representation Levels Persons Aged l 0-17 Years in Juvenile Corrective Institutions by State, September 1993 to June 1996 .. ... ...... ..... ....... ......... .. ...... .......... ... .. .. .... ............. 38

Aboriginal Juveniles l 0-17 Years in Corrective Institutions Rate per I 00 ,000 Population, September 1993 to June 1996 ................ ........................... .... ... .. .. 38

Number of Persons Held in Police Custody by Aboriginality, August 1995 ................ .... ..... ...... .... ... .. .. .. ............................................... .. ...... ........ ... ... 43

Custody Rates per 100,000 Population National Police Custody Surveys, August 1988, 1992, and 1995 .. ... .. ........... ...... .............. .... ..... .. .. .......... .... .. ...... .44

Number of Aboriginal Prisoners, January 1993 to March 1996 .. .. .. .. ............. .48

Aboriginal Rates of Imprisonment per 100,000 Population Aged 17 Years and Over ..... ............. .... ................... .. ............ .... ...... ... .. ... .. .. ....... ... .. ...... ........... 50

Non Aboriginal Imprisonment Rates per 100,000 Population Aged 17 Years and Over ... .. ........... ... ..... .. .... ..... ... ........................................................ ............. 52

Ratio of Aboriginal to Non Aboriginal Rates oflmprisonment .. ... ... ............. 54

Annual Report 1995 -96 X

FOREWORD

by the MINISTER FOR ABORIGINAL and TORRES STRAIT ISLANDER AFFAIRS, SENATOR JOHN HERRON

In 1987 the Commonwealth along with the States and the Northern Territory established the Royal Commission into Aboriginal Deaths in Custody. The Royal Commission was responsible for holding a national inquiry into a number of issues relating to the deaths in custody of

Indigenous people in this country.

Following the national inquiry all States and Territories joined with the Commonwealth in a national response to the Royal Commission's final report addressing each of the 339 recommendations. Commitment to act on implementing those recommendations was overwhelmingly supported by all governments.

It has been the specific commitments made against each of the 339 recommendations that the twenty-seven Commonwealth departments and agencies have responsibility for reporting. These reports are compiled into the Commonwealth's annual report. The Implementation of the

Commonwealth Government Responses to the Recommendations of the Royal Commission into Aboriginal Deaths in Custody Annual Report 1995/96 is the fourth report provided by the Commonwealth.

Next year, Commonwealth departments and agencies will contribute to a five year report which will be the fifth and final report on the implementation of the recommendations of the Royal Commission.

As Minister for Aboriginal and Torres Strait Islander Affairs it is my responsibility to draw the Government's attention to information contained in this report which provides statistical information relating to the increased incidences of deaths in custody. The Australian Institute of Criminology

(AIC) in response to Recommendation 41 and 47 of the Royal Commission's Report advise that Aboriginal and Torres Strait Islander deaths in all forms of custody have escalated. A total of 7 5 people were reported to have died during the year ended 30 June 1996.

Royal Commission Xl

These figures are alarming and raise very great concerns amongst Aboriginal and Torres Strait Islander communities and organisations around Australia as families and relatives of the Victims desperately seek answers to these untimely and sometimes mysterious deaths.

Last year the Government conducted a compliance audit of several Aboriginal Legal Services. This action was taken in response to allegations that Aboriginal people were not receiving adequate legal representation - a problem contributing to high incarceration rates, and ultimately a high rate

of Indigenous deaths in custody.

The Aboriginal and Torres Strait Islander Commission has commissioned a series of reports on the implementation of individual or groups of recommendations. The latest report Indigenous Deaths in Custody 1989 to 1996 prepared by the Human Rights and Equal Opportunity Commission was released in November 1996 by the Aboriginal and Torres Strait Islander Social Justice Commissioner. The report examines the deaths of people in custody since the Royal Commission and the implementation of

recommendations of the Royal Commission.

The Governments commitment to convene a Ministerial summit to address deaths in custody and the unacceptable level of Indigenous incarceration will take place in early May 1997. Commonwealth ministers with responsibility for Indigenous affairs, law and justice, policing and

corrective services and juvenile justice are to be involved in the Ministerial summ1t.

The challenges that lie ahead for governments, Indigenous communities and their organisations on this issue can be met with a reaffirmation of commitments together with closer consultations with Aboriginal and Torres Strait Islander people.

In accordance with the undertaking given by the Commonwealth in its response to Recommendation 1 of the Royal Commission, I refer this report for consideration to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs.

Senator John Herron Minister for Aboriginal and Torres Strait Islander Affairs

Annual Report 1995—96 xii

Chapter 1

TRENDS IN ABORIGINAL AND TORRES STRAIT . ISLANDER

DEATHS IN CUSTODY AND INCARCERATION

Prepared by the Australian Institute of Criminology in fulfilment of the Commonwealth Government’scommitments under Recommendations 41 and 47 of

The Royal Commission '3 Report

Authors: Vicki Dalton, Lynn Atkinson, Carlos Carcach,

David McDonald and Satyanshu Mukherjee

Chapter 1 - Trends in Aboriginal and Torres Strait Islander Deaths in Custody l

Executive Summary

The Royal Commission highlighted the need for the monitoring, on an on going basis, of Australian deaths in custody. The National Deaths in Custody Monitoring and Research Program at the Australian Institute of Criminology was given this responsibility under Recommendations 41 and 47 of the Commonwealth's Responses to the Royal Commission. This chapter implements those two recommendations . These involve the preparation of an annual report specifically addressing trends in Aboriginal and Torres Strait Islander deaths in custody , and trends in the incarceration of Aboriginal and non-Aboriginal people in juvenile correctional institutions, police lock-ups and prisons.

This fourth Annual Report provides up-to-date information on deaths in custody.It updates , where possible, the information provided in previous annual reports on the eme rging trends occurring in the areas of deaths in police and prison custody.It also highlights the levels of over representation of Australia's Indigenous people in prison and police and juvenile corrections custo dy .

All Deaths in Custody

A total of75 people were reporte d to have died during the year ended 30 June 1996. Twenty-seven of these deaths occurred in police custody or custody-related police opera ti ons and 46 in prison custody. Two juveniles died in the custody of juvenile justice agencies. Deaths were reported in each of Australia's States and Territories . Thirty-two% of the deaths (24) occurred in NSW , 19% (14) in Queensland, 17 % (13) in Victoria, with lower proportions occurringin the other jurisdictions.

Deaths in Custody, Australia, Year to 30 June 1996

C u sto dial A bori gina l Other Total

Authority

Police 6 21 27

Prison 13 33 46

Ju ve nil e detention - 2 2

Total 19 56 75

1995-96 Annual Report 2

It should be noted that there was a reduction in the proportion of deaths in police custody in institutional settings. Of the police custody deaths, 26% occurred in police lock-ups, police vehicles or in hospitals following transfer from a police lock-up compared to 29% during the previous year. The total number of prison deaths has fallen for the second consecutive year from 57 deaths in 1993-94 to 46 in the current year. Unfortunately,

and cause for concern, is the high number of Aboriginal deaths continuing to occur in prison custody.

Aboriginal and Torres Strait Islander Deaths in Custody

Aboriginal and Torres Strait Islander deaths in all forms of custody have escalated to a total of 19 deaths in the current year. This figure is 46 % greater than the 13 deaths reported in the previous year and the highest figure recorded since 1990-91 when eight Aboriginal people died in all forms of custody. The sharp increase is reflected in both police and prison

custody.

The deaths of 13 Aboriginal people in prison custody has risen to the highest number recorded over the 16 years for which national data are available, and can be compared with just two deaths in some of those years.

The six Aboriginal deaths in all forms of police custody is , except for one year, the highest number recorded since 1990-91 . One of the six Aboriginal deaths in police custody occurred in a police lock-up. While there has been a notable reduction in the number of Aboriginal people dying in police

lock-ups, concern needs to be directed towards the high number of Aboriginal deaths occurring in the course of custody-related police operations. Specifically, the five remaining Aboriginal deaths in police custody occurred in the course of, or immediately following, a police pursuit.

The causes of death of the 19 Aboriginal people are similar to the previous year. Six were a result of self-inflicted hanging, five arose from illness and eight deaths resulted from injuries. This pattern over the last two years is contrary to earlier years when disease accounted for a larger proportion of Aboriginal deaths in custody.

It needs to be emphasised yet again that Aboriginal people are heavily over represented in the number of custodial deaths compared with their number in the community.

Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 3

They represent only 1.3 % of the national adult population but this year more than 25 % of all custodial deaths were of Aboriginal people. This is a significant increase from the previous year when they accounted for 17 % of all custodial deaths. In 1992-93 they accounted for only 10 % of the year's custodial deaths. An examination of trends in custodial deaths shows that the total number of custodial deaths (75) for the year under review is similar to that of the previous year (76).

Since 31 May 1989, the cut-off date for the deaths investigated by the Royal Commission, a total of 93 Aboriginal and 432 non-Aboriginal custodial deaths have occurred throughout Australia. This is an average of 13.1 Aboriginal deaths annually compared with an average of 10.5 during the period covered by the Royal Commission's investigations. On 9 May

1991, the Royal Commission's National Report was tabled in the Commonwealth Parliament. Since that date an average of 13.6 Aboriginal deaths have occurred each year. These figures cover deaths in both institutional and community settings.

Aboriginal and Torres Strait Islander Juveniles in Juvenile Detention Centres

The Australian Institute of Criminology holds limited data on Indigenous juveniles in detention for each quarter since September 1993. The situation on 30 June 1996 is outlined in some detail in this report, and some preliminary observations on trends in Aboriginal and Torres Strait Islander juvenile detention are made.

NSW, Western Australia and Queensland contribute the overwhelming majority of Indigenous juveniles in juvenile corrective institutions: an average of 85 % of all Indigenous youth detained across the latest three year period were held in these three States.

The detention rates of Indigenous youth are also highest in these States, and in South Australia. Overall, Indigenous juvenile detention rates in South Australia have declined across the three year period from 1993 to 1996, but they seem to be rising in the other three states, particularly in Queensland. Nationally, the Indigenous juvenile detention rate has risen substantially between 30 September 1993 and 30 June 1996 ( 4081100,000 to 540/100,000), and the trend over the period seems to be upwards.

There is evidence that the proportion of Indigenous detainees who are remanded, rather than sentenced, is increasing, particularly in Queensland.

1995-96 Annual Report 4

Nationally, the level of over-representation oflndigenous youth in detention appears to be rising, with Queensland showing the most significant upward shift across the three year time period.

Policies and practices to reduce detention rates need to be targeted specifically to the Indigenous youth sector, and current policies and practices which impact differentially on Indigenous and non-Indigenous youth, leading to greater Indigenous youth over-representation in detention,

should be re-thought.

Aboriginal and Torres Strait Islander People in Police Custody

No State or Territory regularly publishes information on the number of people it takes into police custody. For this reason, the Royal Commission into Aboriginal Deaths in Custody recommended, and all jurisdictions agreed, that the Australian Institute of Criminology (in conjunction with the police services) regularly conduct national surveys on people in police

cells. The first such survey, the National Police Custody Survey, was conducted in August 1988 under the auspices of the Royal Commission. The second and third such surveys were conducted by the Australian Institute of Criminology in August 1992 and August 1995. Excellent cooperation between the Institute and the eight police services has led to the success of the survey program.

Now that this Survey has been conducted three times, it is possible to point to changes in the use of police custody over time. A comparison of the 1988 and 1992 surveys concluded that, nationally, the total number of incidents of police custody had decreased by 10.2 %. By 1995, the number

of incidents (from 1988) had decreased by 23 %. For Indigenous people, this was a decrease of 10.5% between 1988 and 1992 and 6.2% between 1992 and 1995.

Although there was an overall fall in the number of occasions of custody, the proportion of the total who were Aboriginal or Torres Strait Islander people did not fall. In 1988 and 1992 Aboriginal and Torres Strait Islander people represented 28.6 and 28.8 % respectively of all persons held in police custody. The figure for 1995 increased to 31.8 %.

The levels of Aboriginal over-representation in police custody in 1995, ie. the ratio of Aboriginal custody rates to non-Aboriginal custody rates, for Australia, the States and Territories are shown in the following table.

Chapter 1 - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 5

Nationally, Aboriginal and Torres Strait Islander people were 27 times more likely to have been taken into police custody than other Australians; a figure similar to that obtained from previous surveys. Nevertheless, the over-representation ratios showed significant variations between jurisdictions. Western Australia, the Australian Capital Territory and South

Australia had over-representation ratios above the national average in 1995. For the remaining jurisdictions, over-representation ratios were below the national average. Comparison of the results for 1995 with those from the two previous surveys shows that the level of Aboriginal and Torres Strait Islander over-representation tended to increase in NSW and the Australian Capital Territory, and at a lesser extent in Queensland and South Australia. On the other hand, the over-representation ratio for Western Australia declined. For the other jurisdictions the level of over-representation in police custody

remained relatively stable over the survey periods.

Levels of Aboriginal and Torres Strait Islander Over-representation in Police Custody Jurisdiction, August 1995

Jurisdiction NSW Vic. Qld WA SA Tas. NT ACT Aust.

Level 20 12 19 39 29 6 11 34 27

Numbers of Aboriginal and Torres Strait Islander People in Prison Custody

At the time of writing, the Australian Bureau of Statistics had not released data or reports relating to the 1994 or 1995 National Prison Census. Therefore, the information and figures provided in this section are derived from prison statistics released by the Australian Bureau of Statistics for the period June 1994 to March 1996, complemented by data held by the Australian Institute of Criminology for the period from January 1993 to June 1994. Between the period January 1993 and March 1996, most Australian jurisdictions reported increases in their Aboriginal prison populations. The exceptions here were the Northern Territory and Tasmania where numbers remained relatively stable. NSW recorded the largest number of Aboriginal prisoners, followed by Queensland and Western Australia, impacting heavily on the observed increasing trend.

1995-96 Annual Report 6

Levels of Aboriginal and Torres Strait Islander Over-representation in Prison Jurisdiction, January 1993 to March 1996

Jurisdiction NSW Vic. Qld WA SA Tas. NT ACT Aust.

Level 14.0 17.5 14.2 22.6 21.5 4.1 8.6 8.3 16.4

The Aboriginal rate of imprisonment increased by 35.4% during the period January 1993 to March 1996, compared to a decline of between 1.1 and 3 % during the same period for the non-Aboriginal rate of imprisonment. The over-representation ratios, ie. the ratio of the rate of imprisonment of

Aboriginal and Torres Strait Islander people to the rate of imprisonment for non-Indigenous people, continue to be not only unacceptably high, but increasing over the period under review. The national over-representation ratio increased, on average, by 0.8% a month or 9.6% per year. The largest

increase was observed in NSW. For the 12-month period from April1995 to March 1996 the national level of over-representation increased by 3.4 %.

Introduction

This is the fourth Annual Report on the implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody. It is a detailed report covering a diverse range of areas, designed to demonstrate the Government's role and achievements in implementing

and supporting the 339 Recommendations handed down by the Royal Commission. The Royal Commission stressed, throughout its work, the central need for action to stem the number of deaths in custody and to substantially reduce the gross over-representation of Aboriginal and Torres

Strait Islander people in all forms of custody.

This chapter, therefore, focuses on the deaths in custody of Aboriginal and Torres Strait Islander people and their levels of incarceration. It provides information which will assist governments and the public to monitor the impact, at a society-wide level, of the implementation of many of the Royal Commission's Recommendations. The information set out in this chapter provides overarching performance indicators regarding the impact of the

implementation of the Royal Commission's Recommendations. Such information is essential in terms of the accountability of governments for action in this area.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 7

The need for the regular provision of the information set out in this chapter was foreshadowed by the Royal Commission. Recommendation 41 recommends (and all governments agreed) that the Australian Institute of Criminology (AIC) monitor deaths in custody nationally, on an ongoing basis. It went on to recommend that the results of this monitoring be reported upon annually to the Commonwealth Parliament. Furthermore, in its response to Recommendation 4 7, the Commonwealth undertook to report to the Commonwealth Parliament annually on the use of custody throughout the nation.

A National Deaths in Custody Monitoring and Research Program has been established within the Australian Institute of Criminology and the Institute's work in monitoring and researching the custodial populations has continued to focus on indicators of the involvement of Aboriginal and Torres Strait Islander people in the criminal justice system, particularly in custody. This chapter, then, seeks to fulfil the Australian Institute of Criminology's responsibilities under Recommendations 41 and 47.

The following section presents up-to-date information on Australian custodial deaths. Details of the involvement of Aboriginal and Torres Strait Islander people in the criminal justice system follow, in terms of their levels of incarceration in juvenile detention centres, police lock-ups and adult prisons. Emphasis is placed on the over-representation of Indigenous people in these forms of custody. At some points the information presented in this chapter differs from that published in the previous Annual Report as new information has subsequently come to hand.

Deaths in Custody I

During the year ended 30 June 1996, 19 deaths of Aboriginal people were reported in all forms of custody in Australia. Fifty-six non-Aboriginal deaths in custody occurred. No Torres Strait Islander people were reported to have died in custody during the year.

This summary of 19 Aboriginal deaths is taken, in the majority of cases, from preliminary information supplied by relevant custodial authorities, since coronia! inquests have not been completed on many of these deaths.

1 The information contained in this section is based on a forthcoming AIC publication Australian Deaths in Custody 1995·96.

1995-96 Annual Report 8

Case 1: An Aboriginal man aged 29 years. He died on 16 July 1995 as a result of a heart attack. At the time of his death this man was a prisoner at the Adelaide Remand Centre, South Australia. He was an unconvicted prisoner held on remand in relation to the alleged offence of rape.

Case 2: An Aboriginal man aged 32 years. He died on 19 July 1995 as a result of self-inflicted hanging. At the time of his death this man was a prisoner at the Sir David Longland Correctional Centre, Queensland. He was sentenced to a period of imprisonment for the offence of aggravated

assault.

Case 3: A young Aboriginal man aged 17 years. He died in NSW on 26 July 1995 as a result of injuries sustained when the vehicle in which he was a passenger left the roadway and overturned during the course of a police pursuit. At the time of his death police were attempting to detain the

occupants of the vehicle in relation to motor vehicle theft.

Case 4: A young Aboriginal man aged 17 years. He died in NSW on 26 July 1995 as a result of injuries sustained when the vehicle he was driving left the roadway and overturned during the course of a police pursuit. At the time of his death police were attempting to detain the occupants of the

vehicle in relation to motor vehicle theft.

Case 5: An Aboriginal man aged 22 years. He died on 28 July 1995 as a result of self-inflicted hanging. At the time of his death this man was a prisoner at Y a tala Labour Prison, South Australia. He was sentenced to a period of imprisonment for the offence of assault.

Case 6: An Aboriginal man aged 44 years. He died on 26 September 1995 as a result of natural causes, the exact cause yet to be determined. At the time of his death this man was a prisoner at the Remand Centre, Long Bay Correctional Centre, NSW. He was an unconvicted prisoner held on remand

in relation to the alleged offence of sexual assault and use of a weapon.

Case 7: An Aboriginal man aged 24 years. He died on 9 October 1995 as a result of self-inflicted wounds. At the time of his death this man was a prisoner at Port Augusta Prison, South Australia. He was sentenced to a period of imprisonment for the offence of assault with intent to resist lawful

apprehension.

Case 8: An Aboriginal man aged 45 years. He died on 29 October 1995 as a result of a suspected heart attack and liver failure. At the time of his death this man was a prisoner at Broome Prison, Western Australia. He was

Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 9

sentenced to a period of imprisonment for the offences of burglary and breach of probation.

Case 9: An Aboriginal man aged 18 years. He died in Western Australia on 4 November 1995 as a result of injuries received when the vehicle in which he was a passenger left the roadway and collided with a power pole during the course of a police pursuit. At the time of his death police were attempting to detain the occupants of the vehicle in relation to motor vehicle theft.

Case 10 : An Aboriginal man aged 22 years. He died on 23 November 1995 as a result of injuries sustained during a fight with other prisoners. At the time of his death this man was a prisoner at the Goulburn Correctional Centre, NSW. He was sentenced to a period of imprisonment for the offences of possessing a prohibited drug, break, enter and steal and stealing a motor vehicle.

Case 11: A young Aboriginal man aged 17 years. He died on 8 December 1995 as a result of self-inflicted hanging. At the time of his death this man was a prisoner at the Sir David Longland Correctional Centre, Queensland. He was an unconvicted pri soner held on remand in relation to the alleged offence of armed robbery with assault.

Case 12: An Aboriginal man aged 27 years. He died in Western Australia on 9 December 1995 as a result of injuries received when the vehicle he was driving left the roadway and rolled during the course of a police pursuit. At the time of his death police were attempting to detain him in relation to reckless driving.

Case 13: An Aboriginal man aged 23 years. He died on 1 January 1996 as a result of self-inflicted hanging. At the time of his death this man was a prisoner at the Townsville Correctional Centre, Queensland. He was sentenced to a period of imprisonment for the offences of indecent assault, burglary and deprivation of liberty.

Case 14: An Aboriginal man aged 47 years. He died on 7 January 1996 as a result of natural causes, the exact cause yet to be determined. At the time of his death this man was a prisoner at the Junee Correctional Centre, NSW. He was sentenced to a period of imprisonment for the offence of hom*osexual intercourse with a person under 10 years.

1995-96 Annual Report 10

Case 15: An Aboriginal man aged 35 years. He died on 13 February 1996 as a result of stab wounds. At the time of his death this man was a prisoner at the Goulburn Correctional Centre, NSW. He was sentenced to a period of imprisonment for the offence of sexual intercourse without consent.

Case 16: An Aboriginal man aged 35 years. He died on 22 February 1996 as a result of a suspected heart attack. At the time of his death this man was a prisoner at the Darwin Correctional Centre, Northern Territory. He was sentenced to a period of imprisonment for the offence of attempted arson.

Case 17: A young Aboriginal man aged 13 years. He died in Queensland on 9 March 1996 as a result of injuries received when the vehicle in which he was a passenger collided with a tree during the course of a police pursuit. At the time of his death police were attempting to detain the occupants of the vehicle in relation to motor vehicle theft.

Case 18: An Aboriginal man aged 22 years. He died on 24 April1996 as a result of self-inflicted hanging. At the time of his death this man was a prisoner at the C.W. Campbell Remand Centre, Perth, Western Australia. He was an unconvicted prisoner held on remand in relation to the alleged

offences ofburglary, breach of bail and resisting arrest.

Case 19: An Aboriginal man aged 42 years. He died on 1 May 1996 as a result of self-inflicted hanging. At the time of his death the man was being held in the Nguiu police cells, Bathurst Island, Northern Territory. He had been taken into custody approximately two hours earlier for alcohol-related

offences.

These deaths occurred in a range of circ*mstances, reflecting the breadth of the definition of a death in custody as recommended by the Royal Commission and agreed to by all governments.

At Recommendation 41, the Royal Commission recommended that the definition of a death in custody:

... should include at least the following categories: (i) the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile; (ii) the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper care whilst in such custody or detention;

Chapter 1 -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 11

(iii) the death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and (iv) the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention.

The Australian Institute of Criminology's National Deaths in Custody Monitoring and Research Program has applied this definition in compiling information about all custodial deaths which have occurred since 1 January 1990. This report presents information on deaths in all custodial settings combined for the 1995-96 year.

It follows with separate discussions of deaths in police custody and custody-related police operations, followed by a discussion of deaths in prison custody. Also included in the report is a discussion of trends in custodial deaths, including separate sections on trends in prison custody, police custody and custody-related police operations.

Table One: Jurisdiction, Aboriginality and Custodial Authority Deaths in Custody 1995-96

Police Prison Juvenile Total

State Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth Tot Ab'l

NSW 2 4 6 4 14 18 - - - 6

Vic. - 7 7 - 5 5 - 1 I -

Qld I 4 5 3 5 8 - I 1 4

WA 2 2 4 2 4 6 - - - 4

SA - - - 3 2 5 - - - 3

Tas. - 3 3 - 2 2 - - - -

NT I - 1 1 - I - - - 2

ACT - I 1 - I 1 - - - -

Au st. 6 21 27 13 33 46 - 2 2 19

Oth 18 13 10 6

-2

Table One provides details on the 1995-96 custodial deaths, showing the States and Territories in which the deaths occurred, the custodial authority and whether the person was Aboriginal or non-Aboriginal (labelled 'Other' in the table).

NSW, Australia's most populous State, experienced just under one-third of the 1995-96 deaths in custody, 24 out of the total of75. That State also had the most Aboriginal deaths (six out of the 19 nationally). Four Aboriginal

1995-96 Annual Report 12

deaths occurred in both Queensland and Western Australia, three in South Australia and two in the Northern Territory.

Deaths in Institutional Places of Custody and Other Circ*mstances

As already noted, the definition of a 'death in custody' as established by the Royal Commission into Aboriginal Deaths in Custody is quite broad. The 75 deaths which occurred during 1995-96 are summarised in Table Two using three categories: deaths in institutions (for example prisons, police

lock-ups, juvenile detention centres or police vehicles) or in hospital following transfer to or from such settings; and deaths which occur while police or prison officers are in the process of attempting to detain a person (for example sieges and pursuits).

A third category recommended by the Royal Commission, deaths which occur while a person is escaping from custody, is not relevant here as no such deaths were reported during the year.

Table Two: Australian Deaths in Custody, 1995-96 Circ*mstances of Death, Aboriginality and Custodial Authority

Cir'stnce Police Prison Juvenile Total

Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth Total

Instil I 6 7 13 33 46 - 2 2 14 41 55

Detain 5 15 20 - - - - - - 5 15 20

Total 6 21 27 13 33 46 - 2 2 19 56 75

*See text for defimhons

Fifty-five ofthe 75 deaths occurred in institutional settings. Significantly, only one-quarter of the police custody deaths (seven out of27) occurred in this category; all the other police custody deaths took place while police officers were in the process of detaining, or attempting to detain, the individuals concerned. They occurred in circ*mstances such as sieges (in

which the deaths were either self-inflicted or inflicted by police), or motor vehicle pursuits which ended in a fatal crash, etc.

Of the 19 Aboriginal deaths, 13 occurred in prison and six occurred in police custody. All but one ofthese six police custody-related deaths resulted from injuries received during the course of a police pursuit. The remaining death, which occurred in a police lock-up, was the result of self

inflicted hanging.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 13

Cause and Manner of Death

Table Three displays the cause and manner of death for those people who died in custody during the year under review. The information provided here on the cause and manner of death is derived, in most cases, from the custodial authorities. The National Deaths in Custody Monitoring and Research Program publishes regular reports on deaths in custody, regularly updating the information on the cause and manner of death. It receives copies of coroners' findings on all inquests into deaths in custody and will use those fi ndings to update the information provided below should it be different from that provi ded by custodial authorities.

Hanging was the most fre quent cause of death, accounting for 21 (or 28 %) of the deaths overall. Seventeen deaths occurred in each of the categories of 'natural causes' and 'external trauma other than gunshot'. These categories were followed by deaths from gunshot (eight cases), drugs and/or alcohol (seven), and one each from drowning and choking on vomit. At the time of writing, the cause of death had not been determined for three prison deaths.

Table Three: Cause and Manner of Death, Aboriginality and Custodial Authority Deaths in Custody, 1995-96

Police Prison Juvenile Total

Cause Abl Oth Tot Ab l Oth Tot Abl Otb Tot Abl Oth

Hanging I I 2 5 13 18 I 1 6 15

Natural causes 3 3 5 9 14 . 5 12

Gu nshot 8 8 8

Other: Externa l 5 7 12 3 2 5 . 8 9

traum a

Drugs/ I 1 6 6 7

al cohol Other I 1 1 1 2

Not known 3 3 _3

Total 6 2 1 27 13 33 46 2 2 19 56

The cause and manner of death of the 19 Aboriginal people who died in custody was described earlier in this section. In summary, six died from self-inflicted hanging, five were reported to have died from illness (three from heart disease and two from as yet undetermined causes), and eight from external injuries.

1995-96 Annual R e port 14

Death Rates

The rates of custodial deaths may be measured in two different ways: in terms of the ratio of the number of deaths to the number of people in the community; or, as the ratio of the number of deaths to the number of people in custody. Using the first of these approaches, it is observed that the 1995-

96 crude death rate for police and prison custody and juvenile detention combined was 0.42 per 100,000 of the total Australian population.

When we consider only the population aged 15 years and above, to enhance comparability with the age structure of the custodial population, the death rate was 0.54 per 100,000.

Table Four: Police and Prison Custody Death Rates 1995-96 Denominators: Aboriginal, Non-Aboriginal and TotallS years+

Aboriginal Population Persons Deaths in

1994(a) 15 yrs +(a) custody 95-96

Abl(b) 303,260 184,639 19

Non-Abl(c) 17,538,050 13,812,456 56

Total 17 ,841 ,31 0 13 ,997,095 75

(a) Source: Population estimates provided by the Australian Bureau of Statistics.

(b) Includes Torres Strait Islanders.

Deaths per

100,000

15 rs+

10.3

0.4

0.5

Population data estimated by the Australian Bureau of Statistics enable comparisons to be made between the rates of custodial deaths of Aboriginal and non-Aboriginal people.

Details are presented in Table 4. Although only 25% of the deaths were among Aboriginal people, the fact that they comprise only 1.3% of the adult population (15 years and above) means that their adult crude death rate was more than 25 times that of non-Aboriginal people. 2

2 A similar pattern is observed when age standardised rates are used. Because this relationship applies throughout this section, only crude rates are presented here.

Chapter l -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 15

Table Five: Prison Custody Death Rates Denominators: Aboriginality, Non-Aboriginality and TotallSyrs+

Deaths in

Population Persons custody

Ablty I 994(a) 15 yrs+(a) 1995-96

Abl(b) 303 ,260 184,639 13

Non-Abl(c) 17,538,050 13 ,812,456 33

Total 17, 841 ,310 13 ,997,095 46

(a) Source: Population estimates provided by the Australian Bureau of Statistics.

(b) Includes Torres Strait Islanders.

Deaths per

100,000

15 years+

7.04

0.24

0.33

In relation to the first type of measure, using figures for the different forms of custody, for the 1995-96 period the adult (15 years and above) crude death rate for prison custody was 0.33 per 100,000 of the Australian population. The adult crude prison death rate for Aboriginal people was

7.04 per 100,000 of the Australian Aboriginal population, whereas the prison death rate for non-Aboriginal people was 0.24 per 100,000 of the non-Aboriginal Australian population. Therefore, during the period covered by this report, the risk of death occurring in prison experienced by all Aboriginal and Torres Strait Islander people during this time was more than 29 times that experienced by non-Aboriginal people. This figure is nearly twice that experienced in the previous financial year (16 times), highlighting the dramatic increase in the number of deaths for Aboriginal and Torres Strait Islander deaths in prison custody.

Turning now to police custody death rates, a similar pattern is observed. The adult crude death rate for all types of police custody (including police operations in community settings) for 1995-96 was 0.19 per 100,000 ofthe Australian population.

The adult crude police custody death rate for Aboriginal people was 3.25 per 100,000 of the adult national Aboriginal population, whereas the corresponding death rate for non-Aboriginal people was 0.15 per 100,000 of the Australian population. This means that the risk of death in all fonns of police custody for adult Aboriginal people during this time was over 21 times that experienced by non-Aboriginal people.

Once again, for Aboriginal and Torres Strait Islander people, the risk of death has increased markedly from that experienced in the previous financial year (12 times).

1995-96 Annual Report 16

Table Six: Police Custody Death Rates 1995-96 Denominators: Aboriginality, Non-Aboriginality and Total15yrs+

Ablty Pop Person Deaths in Deaths per

1994(a) 15 yrs +(a) custody 100,000

1995-96 15 ears+

Abl(b) 303 ,260 184,639 6 3.2

Non-Abl(c) 17,538,050 13,812,456 21 0.1

Total 17,841 ,310 13 ,997,095 27 0.1

(a) Source: Population estimates provided by the Australian Bureau of Statistics.

(b) Includes Torres Strait Islanders.

As mentioned above, the other approach for displaying the rates of deaths in custody is in terms of the number of deaths compared to the number of people in custody. Using this method, the crude death rate for prison custody during 1995-96 was 2.86 per 1,000 of the prison population. The crude death rate for Aboriginal prisoners was 4.3 7 per I ,000 prisoners, whereas the death rate for non-Aboriginal prisoners was 2.52 per 1,000 of

the prison population. Therefore the relative risk of death in prison custody for Aboriginal prisoners (compared with non-Aboriginal prisoners) was 1.73 (that is, 4.37 divided by 2.52). This means that the risk of death for Aboriginal prisoners was approximately 1. 7 times that of non-Aboriginal prisoners when their death rates are expressed in this manner.

Table Seven: Prison Custody Death Rates 1995-96 Denominators: Aboriginal, Non-Aboriginal and Total Prison

Deaths in Deaths per

Prison prison custody I ,000 prison

Aboriginality population( a) 1995-96 population

AboriginaJ(b) 2,975 13 4.37

Non-Aboriginal( c) 13,101 33 2.52

Total 16,076 46 2.86

(a) The pri son population used as the denominator of these rates is th e average of the total prisoner

population count taken on the first day of each month for the period April 1995 to March 1996.

Source: National Correctional Statistics: Prisons, March Quarter 1996, ABS , Canberra.

(b) Includes Torres Strait Islanders.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 17

This low relative risk of Aboriginal deaths in the prison setting is in contrast to the corresponding relative risk of 29 times where the numbers of Aboriginal and non-Aboriginal prison deaths are compared with the relative sizes of the Aboriginal and non-Aboriginal populations in the community at large. The difference between these two estimates of relative risk is explained by the continuing over-representation of Aboriginal people in the prison population, as detailed elsewhere. The pattern is similar for police custody death rates. The crude death rate for police custody deaths during

1995-96 was 14.02 per 1,000 ofthe police custody population. 3

The crude death rate for Aboriginal people during this time was 6.94 per 1,000 of the police custody population and for non-Aboriginal people it was 18.59. This means that during the year the relative risk of death in police custody experienced by Aboriginal people compared with that of non Aboriginal people, was 0.37. The non-Aboriginal death rate was close to three times that of Aboriginal people. (This calculation is based on one Aboriginal death and five non-Aboriginal deaths either in police lock-ups or in hospital following transfer from a lock-up).

Table Eight: Police Custody Lockup Death Rates 1995-96 Denominators: Aboriginal, Non-Aboriginal and Total Police Lockup

Police Deaths in

lockup police lockups

Aboriginality QOQUlation(a) 1995-96

AboriginaJ(b) 144 1

Non-Aboriginal( c) 269 5

Total 428 6

(a) Estimate of person/years of custody in a twelve-month period.

Source: National Police Custody Survey 1995 (unpub. data), Australian Institute of

Criminology.

(b) Includes Torres Strait Islanders.

Deaths per I ,000 police lockup population

6.94

18.59

14.02

The broad similarity in the rates of death of Aboriginal and non-Aboriginal people in police lock-ups during 1995-96 does not mean that the disproportionate over-representation of the number of Aboriginal people

3 These rates are calculated usin g only deaths in police lock-ups or in hospital following transfer from a lock-up as the numerators and person x days in custody, annualised, as the denominators. It does not include deaths in other in stitutional circ*mstances (eg. police vans) as well as deaths in non institutional forms of police custody (eg. raids) or in other police operations (eg. pursuits).

1995-96 Annual Report 18

dying in police custody (compared with the number of non-Aboriginal people) has disappeared. Indeed, as noted, the fact that there were six deaths of Aboriginal people during the year in all forms of police custody means that the Aboriginal population experienced death in police custody at

a rate more than 21 times that of the non-Aboriginal population. (This conclusion is based on a comparison of the numbers of Aboriginal and non Aboriginal police custody deaths, respectively, with the relative sizes of the Aboriginal and non-Aboriginal populations in the community at large.)

Prison Custody Deaths

During the financial year 1995-96, a total of 46 deaths occurred in prison custody. Thirty-three of these deaths were of non-Aboriginal people and 13 were Aboriginal.

Table One shows that NSW experienced the largest number of deaths in prison custody (18), accounting for 39 % of the prison deaths. Of the 13 Aboriginal deaths, four occurred in NSW, three each in Queensland and South Australia, two in Western Australia and one in the Northern

Territory. All ofthe Aboriginal people who died were male.

Overall, hanging was the most frequent cause of prison death, accounting for 18 (or 42 %) of the 43 deaths for which information on the cause of death is currently available. (At the time of writing, the cause of death had not been determined in three cases). Natural causes (with 14 deaths) was the second highest category after hanging. Five other deaths resulted from

injuries and six from drugs. It should be noted that 19 ( 46 %) of the deaths for which information on the manner of death is available were self inflicted. Of the 14 deaths from natural causes, six resulted from heart disease, and one each from asthma, sclerosis of the liver, a suspected brain haemorrhage and one from combined heart and liver failure. (The type of

illness resulting in death is undetermined as yet in the four remaining cases). Five of the 13 Aboriginal prisoners died as a result of hanging, and five from natural causes. Of the remaining three deaths, two died as a result of being either bashed or stabbed by another inmate(s) and one died from self-inflicted wounds.

Trends 1980 to 1996

Table Nine shows the number of Australian deaths in custody during the period 1 July 1980 to 30 June 1996. The figures for the period 1980 to the end of 1989 are based on data received by the Royal Commission's

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 19

Criminology Unit from the custodial authorities themselves. It is likely that the definition of a death in custody used over this period varied both between the jurisdictions and over time. For this reason, too much emphasis should not be placed on small variations in numbers. The AIC has applied the new and expanded Royal Commission definition of a custodial death, detailed above, to all cases which have occurred since

1 January 1990. It is possible, however, that the completeness of reporting of the deaths which occur in places other than institutions (particularly during police operations such as attempting to detain alleged offenders and others) is improving, even over the period since 1990.

It should be noted that Table Nine and Figure Two show the number of deaths in institutional settings only.

This includes prison custody deaths and, in the case of police and juvenile justice custody deaths, only deaths in detention facilities ( eg. police lock ups and juvenile detention centres) and deaths which occurred while people were being transported to or from such facilities, or in hospitals etc.

following transfer from lock-ups and other detention facilities. The Table and Figure do not include deaths in police operations, such as attempting to detain a person, even though such deaths have fallen within the definition of a 'death in custody' with effect from 1990. Omitting these deaths enables direct and accurate temporal comparisons to be made over the full period

1980 to 1996. Trends in deaths in police operations in non-institutional, community settings are discussed next.

1995-96 Annual Report 20

Table Nine*: Year of Death, Custodial Authority and Aboriginality, 1980-81 to 1995-96 Institutional Settings**

Police Pri son Juveni le Detention Tot

Yr Ab'l Oth Tot Ab'l Oth Tot Ab' l Oth Tot Ab'l

80- 7 5 12 2 26 28 I I 10

81- 2 13 15 3 26 29 5

82 - 5 17 22 4 21 25 - 9

83 - 3 II 14 2 30 32 - I I 5

84- 8 15 23 5 22 27 - 13

85- 5 12 17 4 16 20 9

86- 15 24 39 2 34 36 I I 18

87 - 6 15 21 4 40 44 1 I 2 I I

88 - 10 17 27 5 3 1 36 15

89 - 5 14 19 9 44 53 I I 14

90- 2 13 15 5 3 1 36 I I 7

9 1

91- 5 10 15 4 27 31 9

92- I 9 10 5 36 41 6

93 - 2 5 7 12 45 57 2 2 14

94 - I 5 6 II 44 55 12

95 - I 6 7 13 33 46 2 2 14

Tot 78 19 1 269 90 506 596 3 7 10 17 1

Oth

704

Note:Some of the fi gures m this tab le differ fro m those pub li shed m previous Annual Reports. This reflects information which subsequentl y became avai lable on deaths in custody which were not previousl y identified as such ..

Chapter I -Trends in Aboriginal and Torres Strai t Islander Deaths in Custody 21

The corresponding tables in previous Annual Reports are not directly comparable with this table as they covered deaths in all settings, whereas (for consistency in the time series) this table covers only deaths in institutional settings. Deaths in prisons, police lock-ups or juvenile detention facilities, during transfer to or from them, or in medical facilities following transfer from detention faci liti es.

It will be noted that the number of deaths each year was relatively low in the period 1980-81 to 1985-86. The substantial increase in Aboriginal deaths in 1987 (which was accompanied by an increase in non-Aboriginal deaths) was the stimulus for the demands of Aboriginal people and others for the appointment of the Royal Commission into Aboriginal Deaths in Custody. Following this extreme year, the number of custodial deaths over the following three years (1987-88 to 1989-90) remained high, with an average of 68 deaths per year. The number was lower during the 1990-91 ,

1991-92 and 1992-93 financial years but rose again to 66 deaths in 1993-94. Over the last two years the number of deaths have decreased with 55 occurring in the year under review. This decrease is a result of a marked reduction in non-Aboriginal prison deaths; at the same time, Aboriginal prison deaths increased from 11 to 13.

1995-96 Annual Report 22

Figure Two: Year of Death and Aboriginality, 1980-81 to 1995-96 Institutional Settings

....

(!)

.Q E :I

80 I

70 -

D Aboriginal

50 t

40 t

30 1

20 t

10 1

J 1- + 80- 81- 82- 83- 84- 85- 86- 87- 88- 89- 90- 91- 92- 93- 94- 95-81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Year of Death L______ -- - ---Table Ten shows deaths that occurred in all custodial circ*mstances from 1990-91 to 1995-96. It will be observed from this table that the 75 deaths which were reported for the year covered by this Annual Report is similar to that of the previous year when 76 deaths were reported. It is significant that the total number of Aboriginal deaths has increased substantially (with an increase being seen in both police and prison custody) while the total number of non-Aboriginal deaths has continued to decrease, due to a large reduction in the number of non-Aboriginal people dying in prison custody. Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 23

Table Ten: Australian deaths in custody 1990-91 to 1995-96 Aboriginality and Custodial Authority. Deaths in all custodial circ*mstances

Police Pri son Juvenil e detention Total

Yr Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth

90-91 3 22 25 5 31 36 I I 8 54

91-92 7 21 28 4 28 32 II 49

92-93 3 33 36 5 37 42 - 8 70

93-94 4 26 30 12 45 57 2 2 16 73

94-95 2 19 21 11 44 55 13 63

95-96 6 21 27 13 33 46 2 2 19 56

Note: Some of the figures in this table differ from those published in the 1994-95 Annual Report.

This reflects infonnation which subsequently became ava ilable on deaths in custody which were not

previously identified as such.

It needs to be highlighted that deaths in all forms of police custody rose from the previous year by 29% (from 21 to 27 cases). This is in contrast to the period 1993-94 to 1994-95 when deaths in all forms of police custody fell by 30% (from 30 to 21 cases). Deaths in prison custody fell noticeably by 16 %(from 55 to 46 cases), reversing the trend of earlier years when they rose from 32 deaths in 1991-92 to peak at 57 deaths in 1993-94.

It needs to be highlighted that the number of deaths of Aboriginal people in all forms of custody combined has risen 46% (from 13 to 19), while the total number of non-Aboriginal deaths reported has fallen 11 %(from 63 in 1994-95 to 56 in the current year), continuing the trend from the previous year.

Trends in Patterns of Police Custody-Related Deaths

Table Eleven provides information on deaths in police custody and in custody-related police operations for the period 1990 to 1996. It is based on the two categories referred to earlier of deaths in police custody and in custody-related police operations.

1995-96 Annual Report 24

Table 11: Australian Deaths in Police Custody and in Custody-Related Police Operations 1990-91 to 1995-96, by Aboriginality

1- 2 - Other

institutional or Close Police Total

Contact 0Qerations

Year Ab'l Oth Tot Ab'l Oth Tot Ab'l Oth

90-91 2 21 23 I I 2 3 22

91-92 6 15 21 I 6 7 7 21

92-93 I 18 19 2 15 17 3 33

93-94 4 15 19 - 11 11 4 26

94-95 2 11 13 - 8 8 2 19

95-96 I 10 11 5 11 16 6 21

The data in Table Eleven indicate that while deaths in Category One (ie. deaths in lock-ups and other situations where police could exercise a considerable degree of control over the deceased) have continued to decrease noticeably over the last six years, deaths in Category Two (ie. cases where police had little or no capacity to control the behaviour of the deceased) have doubled over the last year (from 8 to 16 cases). It is of

concern that five Aboriginal people died in this category, the highest number to date. Cause for more concern is that all five deaths were the result of injuries sustained during the course of a police pursuit.

Trends in Patterns of Prison Custody Deaths

Table Twelve provides information on deaths in prison custody for the period 1980 to 1996. Of the 598 deaths that have occurred in prison custody during this period, 574 were male and 24 were female. More than 15% (90) were of Aboriginal people. As can be seen from the Table, total prison deaths have fallen to 46 from 55 in the previous year: non

Aboriginal deaths in prison custody have fallen markedly from 44 deaths to 33 in the current year, while Aboriginal prison deaths have increased from 11 to 13. The 1995-96 figure represents the highest number of Aboriginal deaths to have occurred in prison over the last 16 years.

Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 25

Table 12: Australian Deaths in Prison Custody 1980-81 to 1995-96 by Aboriginality

Prison

Year Ab'l Other Total

1980-81 2 26 28

1981-82 3 26 29

1982-83 4 21 25

1983-84 2 30 32

1984-85 5 22 27

1985-86 4 16 20

1986-87 2 34 36

1987-88 4 40 44

1988-89 5 31 36

1989-90 9 44 53

1990-91 5 31 36

1991-92 4 28 32

1992-93 5 37 42

1993-94 12 45 57

1994-95 J I 44 55

1995-96 13 33 46

Total 90 508 598

Over the last 16 years more than 3 7 % (226) deaths have occurred in NS W prisons. In Victoria, I 06 people have died in prison, 119 in Queensland, 65 in Western Australia, 53 in South Australia, 17 in Tasmania, 10 in the Northern Territory and two in the Australian Capital Territory. NSW also had the highest number of Aboriginal deaths with 28 cases. Of the other States, 22 Aboriginal deaths occurred in Queensland prisons, 18 in Western Australia, 13 in South Australia, six in the Northern Territory, two in Victoria and one in Tasmania. These are graphically represented in Figure Three.

1995-96 Annual Report 26

Figure Three: Australian Deaths in Prison Custody, 1990-91 to 1995-96, by Aboriginality and Jurisdiction

250

200 D Aboriginal

â¢ Non-Aboriginal !

... 150

(I) ..c

E :I

z 100

NSW Vic. Qld WA SA Tas . NT

State

Deaths since the Royal Commission

ACT

In the period between the tabling of the Royal Commission's final National Report on 9 May 1991 and 30 June 1996, a total of388 people are reported to have died in all forms of police, prison and juvenile justice custody in Australia, including both deaths in institutional and in community settings.

Seventy of these deaths were of Aboriginal people and 318 non-Aboriginal people. This represents an average of 13.6 Aboriginal deaths each year since the date of tabling.

The definition of a 'death in custody' has been modified since 1990, compared with the definition applied by the Royal Commission during 1980-1989. When comparing figures for the period of time covered by the Royal Commission's investigations, those figure needs to be compared with

the figures for subsequent years which cover institutional deaths only. It should be noted that the yearly average number of Aboriginal deaths in institutional settings since the tabling of the Royal Commission Report in 1991 has been 11.2. During the Royal Commission period this figure was

10.5.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 27

It is also notable that, since 31 May 1989, the cut-off date for the deaths investigated by the Royal Commission, 93 Aboriginal and 432 non Aboriginal custodial deaths have been reported as having occurred throughout Australia.

With regard to Aboriginal people, this is an average of 13.1 deaths annually. These figures cover deaths in both institutional and community settings, the definition recommended by the Royal Commission.

Conclusion

In concLusion, there has been a marginal decrease in the total number of people who died in all forms of custody during 1995-96, compared with the previous year. While it is pleasing to note that the number of non Aboriginal people dying in Australian prisons has decreased markedly, it 1s alarming that deaths of Aboriginal people in prison have continued to increase reaching the highest figure recorded for the 16 year period from

1980. Once again it needs to be highlighted that this suggests that key recommendations of the Royal Commission concerned with minimising the number of people held in prison and providing a high quality of care for those in prison are either not being fully implemented or, when they are, are not operating effectively.

In order to significantly reduce the number of deaths in custody, there is clearly a need for stronger action by all governments to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody and to evaluate their impacts on the frequency of both Aboriginal and non-Aboriginal people dying while in the care of the state.

It is also alarming to note that there has been a significant increase in the number of deaths in custody-related police operations, from eight deaths the previous year to sixteen in the year under review. Of particular concern here is the high number of Aboriginal deaths (five) that occurred in situations where police were in the process of detaining, or attempting to detain, the individuals who died. All five Aboriginal deaths were the result of injuries received in motor cycle or motor vehicle crashes in the course of, or immediately following, police pursuits. The fact that another five non Aboriginal deaths also resulted from police pursuits highlights the need for some police services to address procedures relating to situations where police are involved in pursuing motor cycles and vehicles with the intention of detaining the individuals concerned.

1995-96 Annual Report 28

Aboriginal and Torres Strait Islander juveniles in Detention

Since 1982, all Australian states have submitted quarterly returns to the Australian Institute of Criminology on juveniles held in juvenile detention centres. Information on the Indigenous status of detained juveniles, however, has been included only since 1993. The Institute now has a

complete set of consistent data on Indigenous juvenile detainees in juvenile detention centres from September 1993 to June 1996. Despite the rather short timespan it is now possible to make some preliminary observations about trends in Indigenous juvenile detention.

The first set of tables (13 - 20) below provides information on Indigenous and other juveniles held in juvenile detention centres on 30 June 1996. Some comparisons are made between these figures and those used in the 1994-95 Annual Report. On 30 June 1996 all juveniles detained in juvenile detention centres were held in relation to criminal matters; that is, there

were no young people held in detention centres who were 'non-offenders' (ie., held under care and protection orders rather than for criminal reasons). In line with changes in juvenile justice legislation in the 1980s and 1990s, all jurisdictions except Tasmania now formally separate juvenile justice

matters from care and protection matters. 'Non-offenders', therefore, can now only be held in juvenile detention centres in Tasmania. It is a rare occurrence even there. (Juvenile offenders or alleged offenders detained in any jurisdiction might also be under care and protection orders, but actual

or alleged criminal activity will be the reason for their detention.)

The second set of tables (21 - 23) and figures ( 4 - 8) provides preliminary information on trends in the detention of Indigenous juveniles.

Population estimates and projections provided by the Australian Bureau of Statistics (ABS) for the period 1988 to 1994 have been used in the calculation ofthe rates which are shown in the tables and figures below. An explanation of how these estimates and projections were derived for the

Indigenous population is contained in the 1994 ABS publication Experimental Estimates of the Aboriginal and Torres Strait Islander Population, June 1986 to June 1991. Since population projections for the years 1995 and 1996 are not available, 1994 projections were used as the

population base for these years. Analysis is problematic where the numbers of juveniles in question is small. For example, in a small jurisdiction like the ACT one additional Indigenous juvenile prisoner can affect the

Chapter 1 -Trend s in Aboriginal and Torres Strait Islander Deaths in Custody 29

proportion of Indigenous to non-Indigenous detainees dramatically, leading to a skewed and variable picture of what is happening. For this reason, most of the analysis which follows involves jurisdictions with relatively high numbers of Indigenous detainees.

Situation at 30 June 1996

Table Thirteen shows an age breakdown of all Indigenous juveniles aged 10-17 years held in juvenile detention centres on 30 June 1996.

Table 13: Number oflndigenous Persons 10-17 Years in Juvenile Corrective Institutions by Age, 30 June 1996

Age NSW Vic. Qld WA SA Tas. NT ACT Au st.

10 0 0 0 0 0 0 0 0 0

II 0 0 0 1 0 0 0 0 1

12 2 0 0 0 0 0 0 0 2

13 3 0 3 2 1 0 0 10

14 15 0 10 5 5 2 0 38

15 24 3 25 12 2 I I 0 68

16 24 0 33 28 5 2 6 0 98

17 34 l 13 14 4 0 68

Tot 102 4 84 61 18 6 9 1 285

NSW, Queensland and Western Australia held 87 % of all detained Indigenous juveniles in Australia on 30 June 1996.

Table Fourteen shows the percentage of the detained population represented by Indigenous detainees, by age, on 30 June 1996.

1995-96 Annual Report 30

Table 14: Indigenous Juveniles as Percentages of all Juveniles Aged 10 to 17 Years in Juvenile Corrective Institutions, by Age, 30 June 1996

Age NSW Vic. Qld WA SA Tas. NT ACT Au st.

10 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0

11 0.0 0.0 0.0 100.0 0.0 0.0 0.0 0.0 100.0

12 40.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.6

13 27.3 0.0 50.0 50.0 40.0 33 .3 0.0 0.0 35.7

14 51.7 0.0 58.8 83.3 83.3 40.0 50.0 0.0 53.5

15 32.0 23.1 65.8 63.2 14.3 10.0 100.0 0.0 39.8

16 25.8 0.0 63.5 65.1 23 .8 50.0 66.7 0.0 41.0

17 26.8 2.9 54.2 40.0 11.1 0.0 100.0 20.0 25.7

Tot 30.0 5.7 61.3 57.5 21.7 23.1 69.2 14.3 36.4

Given that Indigenous youth comprise 2.6% of the Australian population aged 10 to 17 years, they are clearly over-represented in custody, where, on 30 June 1996, they accounted for 36% of the detainees. In the four States with the highest numbers of detained Indigenous youth- NSW, Queensland, Western Australia and South Australia- 14-year-old

Indigenous youth comprised a very high proportion of detained youth in that particular age category: over half in each of these states and over 83 % in Western Australia and South Australia. While general observations on the basis of a single snapshot should be treated with caution, and keeping in

mind that the overall number of youth detained below the age of fifteen is small, it is nevertheless of concern that very young Indigenous juveniles seem to be even more likely to end up in detention than their non Indigenous peers.

Table Fifteen shows the numbers oflndigenous juveniles aged 10 to 17 years who were sentenced (offenders) or on remand (alleged offenders) on 30 June 1996, and the percentage oflndigenous juveniles in each category. Table Sixteen shows the detention status of other (non-Indigenous) youth.

Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 31

Table 15: Number oflndigenous Persons Aged 10-17 Years in Juvenile Corrective Institutions by Detention Status and Sex, 30 June 1996

Det Status NSW Vic. Qld WA SA Tas. NT ACT Aust.

Sent'd M 59

F 1

Remand M 39

F 3

Total M 98

F 4

% sent'd 59

%remand 41

Total

51 2

28 3

79 5

30 3

21 7

51 10

12 6

100.0 63 .1 54.1 83.3

0.0 36.9 45 .9 16.7

100 IOO 100 100

16.7 44.4

83 .3 55.6

100 100

160 II

98 16

258 27

100.0 60.0 0.0 40.0

IOO IOO

Table 16: Number of Other Persons Aged 10-17 Years in Juvenile Corrective Institutions by Detention Status and Sex, 30 June 1996

Det Status NSW

Sent'd M 153

F 9

Remand M 68

Total

% sent'd %remand

Total

F 8

M 22I

F 17

68.1

31.9

100

Vic. Qld

47 29

0 2

18 21

65 50

WA SA

21 46

2 I

22 13

0 5

43 2

59 6

Tas.

18 2

ACT Aust.

307 17

4 158

0 IS

465 32

71.2 58.5 51.1 72.3 40.0 100.0 33.3 65.2

28.8 41.5 48.9 27.7 60.0 0.0 66.7 34.8

100 100 100 100 100 100 100 100

Juveniles are detained in different numbers and at different rates in all Australian jurisdictions. It is evident, therefore, that the principle of detention as a last resort is more keenly practised in some jurisdictions than it is in others. One means of reducing the number of juveniles in custody is to introduce policies and practices which minimise the number of alleged offenders (remandees) detained.

1995-96 Annual Report 32

Tables Fifteen and Sixteen show that, on 30 June 1996, of the larger jurisdictions, only NSW remanded a higher percentage oflndigenous than non-Indigenous youth. Table Seventeen compares the detention status of detained Indigenous and non-Indigenous youth on 31 March 1994 (the

figures cited in the 1994/95 Annual Report) and 30 June 1996.

Table 17: Number, Percentage and Percentage Difference of Persons Aged 10-17 Years in Juvenile Corrective Institutions by Detention Status and Sex, 30 June 1996

NSW Queensland Western Australia

No. % %Diff No. % % Diff No. % %Diff

Indigenous Sent' d 31.3.94 66 73 .3 42 85.7 50 65.8

30.6.96 60 58.8 -14.5 53 63 .1 -22.6 33 54.1 -11.7

Remand 31.3 .94 24 26.7 7 14.3 26 34.2

30.6.96 42 41.2 14.5 31 36.9 22.6 28 45.9 11.7

Other Sent'd 31.3.94 169 67.6 45 80.4 36 65.5

30.6.96 162 68.1 0.5 31 58.5 -21.9 23 51.1 -14.3

Remand 31.3.94 81 32.4 II 19.6 19 34.5

30.6.96 76 31.9 -0.5 22 41.5 21.9 22 48.9 14.3

The table shows that the percentage of remanded to sentenced Indigenous detainees increased considerably from 30 March 1994 to 30 June 1996 (in NSW by 14.5 %; in Queensland by 22.6 %; and, in Western Australia by 11.7 %). In relation to 'other' (non-Indigenous) remandees, there was little change in NSW between the two periods ( -0.5 %); an upward shift in

Queensland similar to that for Indigenous remandees (21.9 %); and, in Western Australia a rise greater than that in relation to Indigenous remandees (14.3 %). Any shift towards higher proportions of remanded detainees is clearly cause for concern. This is particularly the case whenever the increase relates to Indigenous detainees alone.

Table 18 shows the number of juveniles in detention by age and Indigenous status.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 33

Compared with the situation on 31 March 1994 there were proportionally more Indigenous youth than non-Indigenous youth in detention in NSW ( up 4% to 30 %) and Queensland (up 14% to 61 %) on 30 June 1996. In Western Australia, there was no change (58% on each occasion).

Table 18: Number of Persons 10-17 Years in Juvenile Corrective Institutions by Age and Indigenous Status, 30 June 1996

Age Race NSW Vic. Qld W A SA Tas. NT ACT Aust.

I 0-14 Indigenous 20

Non-Indigenous 25

15-16 Indigenous 48

Non-Indigenous 120

17 Indigenous 34

Non-Indigenous 93

Total Indigenous 102

Non-Indigenous 238

0 13 7 7

7 10 2 5

3 58 40 7

26 32 22 28

I 13 14 4

33 II 21 32

4 84 61 18

66 53 45 65

166

244

197

285

497

Table 19 shows the rates of detention of Indigenous youth, by age. Amongst the three States with the highest numbers of Indigenous juvenile detainees, NSW and Western Australia have the highest rates. Seventeen year-olds in NSW, and fifteen to sixteen-year-olds in Western Australia had the highest detention rates for Indigenous juveniles on 30 June 1996 (on 31 March it was seventeen-year-olds in both States with the highest rates of detention).

Table 19: Persons 10-17 Years in Juvenile Corrective Institutions By Age and Indigenous State Rate per 100,000 Relevant Population 30 June 1996

Age Race NSW Vic. Qld WA SA Tas. NT ACT Aust.

10-14 Indig 223.1 0 .0 142 .7 128.6 336.1 235 .5 18 .3 0.0 147.6

Non-Indig 6.0 2.3 4.3 1.6 5.1 17.1 I 0.9 0.0 4.5

15-16 Indig 1545.7 436.5 1774.7 2101.8 1026.0 603 . 1 380.1 0.0 1376.8

Non-Indig 76.6 22.0 35.8 46.6 75.2 85.1 102.7 23.2 51.6

17 lndig 2118.4 267.8 741.7 1459.7 1052.9 0.0 116.8 2896.6 1099.1

Non-lndig 111 .5 51.8 23.7 88.0 165.9 45 . 1 0.0 85.0 78.9

10-17 Indig 745.9 131.9 594.4 734.5 572.3 300.8 110.1 324.1 539.8

Non-Indig 36.3 13.5 14.5 23.2 41.8 36.6 29.3 17.0 25.3

1995-96 Annual Report 34

Table 20 shows over-representation levels oflndigenous youth. The data show the extent of over-representation of Aboriginal and Torres Strait Islander juveniles in correctional institutions by comparing Indigenous juvenile detention rates with those for non-Indigenous juveniles.

The State with the highest level of over-representation on 30 June 1996 was Queensland, followed by Western Australia, then NSW. On 31 March 1994, Queensland was second to Western Australia, with both states demonstrating higher levels than NSW. The level of over-representation of

Indigenous youth in Queensland rose from 23 on 31 March 1994, to 41 on 30 June 1996; that is, while in 1994 an Indigenous youth was 23 times more likely than a non-Indigenous youth to be detained, in 1996 he/she was 41 times more likely to be detained.

Table 20: Indigenous Persons Aged 10-17 in Juvenile Corrective Institutions Over-Representation Ratios, 30 June 1996

Age NSW Vic. Qld WA SA Tas. NT ACT Aust.

10- 14 37.0 0.0 32.9 78.8 66.5 13.7 1.7 0.0 32.7

15-16 20.2 19.8 49.6 45.1 13.6 7.1 3.7 0.0 26.7

17 19.0 5.2 31.3 16.6 6.3 0.0 0.0 34.1 13.9

Total 20.5 9.8 41.1 31.6 13.7 8.2 3.8 19.0 21.3

Trends in Juvenile Detention for Indigenous Youth: Some Preliminary Observations

Data on the Indigenous status of juveniles detained in juvenile detention centres has been collected nationally for only three years. Observations made here about trends in Aboriginal and Torres Strait Islander youth detention should therefore be viewed as preliminary only.

Table 21 shows the numbers and rates oflndigenous and non-Indigenous youth aged 10 to 17 years who were detained at the end of each quarter since September 1993.

Chapter 1 -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 35

Table 21: Persons 10-17 years in Juvenile Corrective Institutions Australia, September 1993 to June 1996

Indi genous Non-Indigenous

Number Rate Number Rate

Sep. 93 211 408.03 472 24.06

Dec. 93 220 425 .43 511 26.04

Mar. 94 257 486.79 525 26.76

Jun. 94 271 513.31 479 24.42

Sept. 94 248 469.74 465 23.70

Dec. 94 249 471.64 462 23.55

Mar. 95 309 585.30 509 25.90

Jun.95 260 492.47 527 26. 86

Sep.95 274 518.99 497 25.33

Dec. 95 254 481.11 49 1 25.03

Mar. 96 276 522.78 478 24. 36

Jun. 96 285 539.83 497 25.33

Figure Four gives a graphic rates of detention for Aboriginal females and males, and other (non-Indigenous) females and males.

Figure Four: Persons Aged 10-17 Years in Juvenile Corrective Institutions by Sex Rates per 100,000 Population, Australia September 1993 to June 1996

1200 -

1000

Indigenous Males

BOO -

600

400 -

200 -

Non-Indigenous Males

- ------- -------- Indigenous Females

o - - - · â¢ - , â¢ â¢â¢ , â¢â¢ - ,. - â¢â¢ - â¢.â¢ â¢ + â¢â¢ , â¢ - .,. â¢ â¢â¢â¢â¢ , Non-Indigenous Females

Sep. Dec . r.lrar. Jun . Sep. Dec . tvtar . Jun. Sept. Dec . tolar. Ju n.

M M M M 00 00

It is clear from Figure Four that the detention rate of Aboriginal and Torres Strait Islander males is vastly higher than it is for the other groups - nearly 19 times higher, on average, than it is for non-Indigenous males.

1995-96 Annual Report 36

The figure also indicates a steady overall increase in the rate of detention of Aboriginal and Torres Strait Islander males since September 1993, whereas the rate ofdetention for other males has remained relatively steady (the number of females detained has been steady, but is too small to allow conclusions to be drawn about trends for this group).

Figure Five: Persons Aged 10-17 Years in Juvenile Corrective Institutions by Sex

Rates per 100,000 Population, Australia, June 1981 to June 1996

81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96

Year

The national increase in detention rates since 1992 (Figure Five) is almost certainly accounted for by the increase in Aboriginal detention (although the evidence is only available from 1993). To locate possible, more detailed explanations for the increase it is necessary to look at the jurisdictions, and

to look at particular variables relating to the detained Indigenous population.

The majority of Aboriginal and Torres Strait Islander youth who are detained are held in NSW, Western Australia and Queensland. Table Twenty-Two shows the average number of Indigenous juveniles detained over the twelve quarters from 30 September 1993. In NSW the average was 97, in Queensland 63, and in Western Australia 61. Together, these states

detained on average 85 % of all Indigenous juveniles in detention.

Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 37

Table 22: Quarterly Averages: Numbers, Rates and Over Representation Levels Persons Aged 10-17 Years in Juvenile Corrective Institutions by State September 1993 to June 1996

Jurisdiction Numbers Rates

Indigenous Non-Indigenous Indigenous Non-Indigenous Over -representation

NSW 97 255 707.8 38.9 18.2

Vic. 7 59 228.8 I2.I I9.I

Qid 63 54 449.4 I4.7 30.4

WA 61 45 731.7 23.2 32.0

SA 18 48 578.0 30.7 18.6

Tas. 3 12 13 7.9 22 .6 6.1

NT 10 6 127.0 44.6 3. 1

ACT 1 14 324.1 39.3 13.1

Aust. 260 493 493.0 25.I I9. 6

Table 23 shows the rates oflndigenous juveniles in detention in each jurisdiction for each quarter between 30 September 1993 and 30 June 1996. NSW, Western Australia, Queensland and South Australia have high rates, with South Australia showing an overall reduction in its rate of Indigenous juvenile detention over time, Queensland showing a steady increase to

March 1995 and then appearing to level out, and the two other states showing fluctuations resulting in an overall increase (see Figure Six).

Table 23: Aboriginal Juveniles 10-17 Years in Corrective lnstitutionsRate per 100,000 Population, September 1993 to June 1996

Quarter NSW Vic. Q1d WA SA Tas. NT ACT Au st.

Sep. 93 589.3 202.0 294.3 579.1 991.6 0.0 100.6 0.0 408.0

Dec. 93 663.9 168.3 287.1 6 16.0 793.2 0.0 150.9 0.0 425.4

Mar. 94 658.2 164.9 346.7 915. 1 794.9 150.4 110.1 0.0 486.8

Jun. 94 841.0 164.9 353.8 915.1 508.7 50.1 97.9 0.0 513.3

Sept. 94 702.1 164.9 417.5 722.4 476.9 150.4 122.4 0.0 469.7

Dec. 94 607.0 230.9 488.2 674.3 445.1 351.0 159.1 0.0 471.6

Mar. 95 841.0 329.8 594.4 830.8 286.2 150.4 208.0 648.1 585.3

Jun. 95 738.6 362.8 537.8 650.2 190.8 50.1 122.4 324.1 492.5

Sep. 95 767.9 296.9 431.6 698.4 763.1 150.4 159.1 324.1 519.0

Dec. 95 672.8 362.8 452.8 674.3 540.5 100.3 97.9 1296.2 481.1

Mar. 96 665.5 164.9 594.4 770.6 572.3 200.6 85.7 972.2 522.8

Jun.96 745.9 131.9 594.4 734.5 572.3 300.8 110.1 324.1 539.8

1995-96 Annual Report 38

Figure Six: Aboriginal and Torres Strait Islander Juveniles 10-17 Yrs in Corrective Institutions Rate per 100,000 Population, September 1993 to June 1996

1000

900

800 ., NSW

' . ,·· ____ .--

600 .,. â¢ ... â¢

41 ..... #""----.....

n; 500 - ;.... ,, ;

o: 4oo I old __ {', _____ ,

700

l --------- SA I 300 I ----/ 200

1 100 oL- ------j --- +------

Sep. Dec. Mar. Jun . Sep. Dec . Mar. Jun. Sept. Dec_ Mar. Jun.

w w w w % % % % % %

Figure Seven shows juveniles by detention status: sentenced or remanded. The steady increase over time in the rate of remanded Indigenous juveniles, and the narrowing of the gap between rates for sentenced and remanded Indigenous juveniles is clear to March 1996. This overall pattern applies in Western Australia and Queensland in particular, and to a lesser extent in NSW.

Figure Seven: Juveniles 10-17 Years by Detention Status Australia, September 1993 to June 1996 400 -Indigenous sentenced

350

300 -

250

200

0: Indigenous remanded

150

100

50 -

Other sentenced Other remanded

0 -- ;_:.=...-..:.. ·...::...: =-- 7-..:l:.: ;_-.:...-..:..-...=.::-=:...:.:

4 5 6 9 10 11 12

Chapter 1 -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 39

Figure Eight shows the level across Australia of Aboriginal and Torres Strait Islander over-representation in detention from September 1993 to June 1996. The over-representation level is derived from detention rates for Indigenous and non-Indigenous juveniles and refers to the relative chances of detention oflndigenous to non-Indigenous youth. There has been an overall increase in the national over-representation level between September 1993 and June 1996. Average over-representation levels across the twelve quarters to June 1996 are shown in Table Twenty-Two. W A and Queensland stand out with average levels considerably higher than in the other jurisdictions.

Figure Eight: Level of Aboriginal & Torres Strait Islander Over representation Juvenile Corrective Institutions, Sept 1993 to June 1996

25 -

Australia

20 t

0 15 -

00 00

Summary and Conclusion

There appears to be little cause for optimism in relation to the over representation of Indigenous juveniles in detention. Of particular concern are the high numbers oflndigenous youth in detention in NSW, Queensland and W A; the high average rates oflndigenous detention in W A, NSW and to a lesser extent SA; an overall increase in the Indigenous juvenile detention rate, particularly in Queensland; and the apparent upward trend in the proportion of remanded to sentenced Indigenous detainees. Nationally, the level of over-representation of Indigenous youth in detention appears to be rising, with Queensland showing the most spectacular upward shift across the three year time period. It is clear the situation is not improving. Policies and practices to reduce detention rates need to be targeted specifically to the Indigenous youth sector. Interventions which impact

1995-96 Annual Report 40

differentially on Indigenous and non-Indigenous youth, and which further exacerbate Indigenous youth over-representation should be re-thought. Policies and programs which reduce the number and proportion of Indigenous youth on remand would appear to be central to the reduction of over-representation levels.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 41

Aboriginal and Torres Strait Islander people in Police Custody4

As police are the first point of contact with the criminal justice system after an offence has occurred, it is reasonable to start assessing the problem of Aboriginal over-representation by examining police statistics. Published police statistics offer limited information on the persons arrested and proceeded against for various crimes. These statistics do not provide details of Aboriginality. The National Police Custody Survey has been conducted three to date: in August of 1988, 1992 and 1995 . These surveys collect limited information on all persons detained in police custody and

held in police cells for any length of time during the month of August in the survey year anywhere in Australia. Some of the items of data in the survey include age, sex, most serious offence, and duration of detention and Aboriginality. It should be stressed that only a portion of those arrested are held in the cells and therefore counted in the survey. A large portion of arrestees remain free in the community pending trial.

As can be seen from Table 24, Aboriginal people and Torres Strait Islanders represented 31.8 percent of all persons held in custody by the police during August 1995. The percentages for the same month in the 1988 and 1992 surveys were 28.6 and 28 .8 respectively, suggesting a slight

increase in the proportion of Indigenous people held in police custody in 1995.

The levels of police custody, proportions of Aboriginal detainees, custody rates and over-representation levels vary enormously between the different States and Territories. Variations in the percentage oflndigenous people in police custody across jurisdictions are evident from Table Twenty-Four. Not surprisingly, the Northern Territory recorded the largest percentage and Victoria the smallest. These results are consistent with the fact that the

former jurisdiction has the highest and the latter the second lowest proportion of Aboriginal residents.

4 This section is based upon material prepared by Satyanshu Mukherjee and Carlos Carcach of the Australian Institute of Criminology for the report by C. Cunneen & D. McDonald, Keeping Aboriginal and Torres Strait Islander People Out of Custody: An evaluation of the implementation of the Royal Commission into Aboriginal Deaths in Custody

1995-96 Annual Report 42

Table 24: Number of Persons Held in Police Custody by Aboriginality August 1995

State Aboriginal TSI Other Total

Count % Count % Count % Count

NSW 670 20.9 14 0.4 2527 78.7 321 J

Vic. 166 4.6 8 0.2 3413 95 .1 3587

Qld 1720 30.6 138 2.5 3767 67.0 5625

WA 1844 52 .8 4 0.1 1643 47.1 3491

SA 799 25.1 3 0. 1 2384 74.8 3 186

Tas. 40 II. I 3 0.8 316 88.0 359

NT 1324 80.0 6 0.4 326 19.7 1656

ACT 26 16. 6 0 0.0 131 83.4 157

Aust. 6589 31.0 176 0.8 14507 68.2 21272

Over half of the people detained in police custody in W A in August 1995 were Aboriginal. The percentage for Queensland was third largest, followed by SA. SA has a very low proportion of the Aboriginal population.

% 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

100.0

An alternative way of looking at the involvement of Indigenous people with the police is by comparing their police custody rates with those for persons from other backgrounds. Such comparison enables us to estimate the extent of Aboriginal over-representation in police custody.

Table 25 contains figures on custody rates per 100,000 population for both Aboriginal/Torres Strait Islander and others from the National Police Custody Surveys conducted in 1988, 1992 and 1995 . It also shows the level of Aboriginal over-representation computed from the ratio of the custody

rates. The results are alarming and show that, for Australia in August 1995, the custody rate for Aboriginal people and Torres Strait Islanders was 26.9 times that for the rest of the population.

A closer examination of the figures reveals some noticeable differences between the levels of over-representation in the various States and Territories. The Aboriginal over-representation ratio in 1995 varied between a low of 6 times in Tasmania to a high of 39 times in Western Australia. No direct link exists between the Aboriginal custody rates and

the levels of over-representation.

For example, in August 1995 South Australia had by far the highest Aboriginal custody rate but its level of over-representation was equal to the national level. Western Australia, by contrast, had a lower (yet still high) custody rate but a level of over-representation 44 % higher than the national

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 43

level. NSW had a relatively low Aboriginal custody rate and a level of over-representation below the national level.

The States which have not decriminalised public drunkenness (Queensland, Victoria and Tasmania) do not show consistently high rates of custody nor of Aboriginal over-representation, as some may expect. This probably reflects the failure of all States and Territories, including those which have decriminalised, to establish sufficient numbers of sobering-up facilities as alternatives to the cells for intoxicated people.

Table 25: Custody Rates per 100,000 Population (J ) National Police Custody Surveys August 1988, 1992 and 1995

198 8 (2) 1992(3)

State Ab'l/ Oth Over- Ab'l/ Oth

TSI rep (4) TSI

NSW 1312 87 15 1246 79

Vic 1570 11 7 13 772 76

Qld 2840 170 17 2094 15 7

WA 7730 180 43 7007 135

SA 48 77 187 26 3720 178

Tas 640 123 5 242 82

NT 4776 429 I I 3628 253

ACT 1967 185 II 452 103

Aust 3539 131 27 2801 107

Notes: (I) Rates based on total population as at 30/06/94 . (2) McDonald 1992. (3) McDonald 1993.

Over-rep (4) 16 10

13 52 2 1 3

14 4

(4) Australian In stitute of Criminology, unpublished data (5) Ratio of Aboriginal rate to th e rate for others.

1995(4) Ab'l/ Oth

TSI 850 42

907 77

2327 121

39 11 99

4841 164

425 68

2889 261

1473 44

2228 83

Over-rep (5) 20 12

19 39 29 6

34 27

Table Twenty-Five provides trend data in the use of police custody. Nationally, it reveals that the level of over-representation in 1995 (27) was similar to that observed in the 1992 survey (26) and the 1988 survey (27). This pattern is not consistent, however, in the different states and territories.

Between 1988 and 1995, the level of Aboriginal over-representation in police custody increased by one third in NSW, by 12% in Queensland and by 12 % in South Australia. It fell by 9 % in Western Australia and remained generally stable in the other jurisdictions. The fact that jurisdictions appear to be so different in terms of their over-representation

levels suggests the need for more research focusing on the relationships between police and Aboriginal people in specific geographic contexts.

1995-96 Annual Report 44

Although the level of over-representation in police custody has remained generally stable over the three surveys, the actual number of custody incidents has fallen.

Nationally, for Indigenous people, this was a fall of 10.5% between 1988 and 1992 and a fall of6.2% between 1992 and 1995.

A conclusion to be drawn from these data is that, while the numbers of both Aboriginal and non-Aboriginal people detained by the police have both fallen, the rate of reduction has been similar in both groups with the result that the level of Aboriginal over-representation has not fallen.

The full report on the 1995 National Police Custody Survey, to be released by the Australian Institute of Criminology towards the end of 1996, will explore the patterns of custody including the reasons for custody and the use ofbail.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 45

Aboriginal and Torres Strait Islander People in Prison

The Australian Institute of Criminology, until recently, maintained two data series which provided numbers of Aboriginal and Torres Strait Islander people in custody in adult prisons - the monthly Australian Prison Trends and the annual National Prison Census. Data for both the series were received from the State and Territory corrective services agencies. The latest reports published by the Institute were the 1993 National Prison Census and Australian Prison Trends, June 1994.

Effective from 1 July 1995, the responsibility for compiling these series was handed over to the Australian Bureau of Statistics (ABS), as per the decision of the Australian Corrective Services Ministers' Conference in May 1995. Since 1994, the report of the National Prison Census and the monthly Australian Prison Trend has been produced by the Bureau.

However, the reports for the National Prison Census for the years 1994 and 1995 had not been released at the time of writing. The analyses in this chapter are based on data relating to prison trends obtained from reports on prison statistics for the period from June 1994 to March 1996 released by the Australian Bureau of Statistics, complemented with data on monthly prison trends for the period from January 1993 to June 1994 held by the Australian Institute of Criminology.

The data used in this report consist of statistics on the number of Aboriginal prisoners and rates of imprisonment for both Aboriginal people (including Torres Strait Islanders) and non-Aboriginal people. These rates express the number of prisoners in custody on the first day of the relevant month per

100,000 persons aged 17 years and over. The ratio of Aboriginal and non Aboriginal rates of imprisonment is used to assess the levels of Indigenous over-representation in Australia and in the individual States and Territories.

Table Twenty-Six shows the number of Aboriginal prisoners for Australia, the States and Territories. At the national level, the number of Aboriginal prisoners increased by 0.8% monthly.

With the exception of the Northern Territory and Tasmania, where the number of Aboriginal prisoners remained relatively stable during the period of interest, all the other States reported increases in their Aboriginal prison populations.

1995-96 Annual Report 46

The major monthly average increases were observed in Queensland ( 1.3 %) followed by South Australia (1.2 %), NSW (0.9 %) and Western Australia (0.7 %).

The largest number of Aboriginal prisoners was observed for NSW, followed by Queensland and Western Australia. These three States and especially NSW had a major impact on the observed increasing trend for Australia.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 47

Table 26: Number of Aboriginal Prisoners, January 1993 to March 1996

Month NSW Vic. Qld SA WA Tas. NT

Jan-93 614 121 422 169 566 16 308

Feb-93 624 119 431 170 60 1 16 307

Mar-93 619 118 436 165 606 15 299

Apr-93 644 113 440 165 602 14 301

May-93 659 116 418 161 612 16 280

Jun-93 666 Ill 408 181 614 3 311

Jul-93 729 115 429 182 637 4 315

Aug-93 758 116 43 2 191 641 3 310

Sep-93 74 7 131 454 199 646 5 301

Oct-93 739 117 475 206 643 20 306

Nov-93 738 119 454 186 663 22 3 15

Dec-93 712 119 453 191 667 23 305

Jan-94 699 137 456 188 637 21 306

Feb-94 736 121 476 221 644 19 333

Mar-94 775 123 490 222 687 24 350

Apr-94 806 143 529 206 698 24 379

May-94 785 137 514 223 669 24 362

Jun-94 788 141 544 219 681 17 342

Jul-94 775 141 561 225 688 26 322

Aug-94 760 na 568 232 649 18 304

Sep-94 762 137 552 221 674 17 327

Oct-94 717 136 559 230 678 15 313

Nov-94 747 139 538 217 704 16 329

Dec-94 749 134 538 240 716 20 345

Jan-95 762 127 559 229 676 19 331

Feb-95 775 134 584 247 663 17 316

Mar-95 790 138 596 249 710 15 320

Apr-95 818 132 635 242 764 13 343

May-95 807 124 647 253 758 15 348

Jun -95 820 138 644 255 733 11 344

Jul -95 818 128 639 259 714 13 330

Aug-95 835 132 613 229 719 13 305

Sep-95 856 139 651 254 748 14 302

Oct-95 856 131 644 255 758 21 331

Nov-95 879 130 662 241 751 21 321

Dec-95 878 139 653 244 760 17 321

Jan-96 859 138 658 250 718 14 322

Feb-96 887 134 677 258 752 13 319

Mar-96 888 127 702 268 746 19 312

1995-96 Annual Report

ACT Aust.

0 2216

2269

0 2258

1 2280

0 2262

0 2294

0 2411

0 2451

0 2483

0 2506

0 2497

0 2470

0 2444

0 2550

0 2671

2 2787

2715 2733

4 2742

4 2535

7 2697

4 2652

5 2695

7 2749

6 2709

7 2743

11 2829

8 2955

6 2958

6 2951

6 2907

7 2853

6 2970

5 3001

6 3011

5 3017

5 2964

7 3047

7 3069

Source: Australian Institute of Criminology. Australian Prison trends No 200 to 217 (January 1993 to June 1994). Australian Bureau of Statistics, National Correctional statistics Unit. Correctional Statistics: Pri sons, July 1994 to June 1995 and March Quarter 1996.

Tables 27 and 28 show the respective rates of imprisonment for Aboriginal people and non-Aboriginal people for Australia, the States and Territories. It is interesting to note that imprisonment rates for Aboriginal and non Aboriginal people show large variability both between and within jurisdictions.

For Australia, the Aboriginal rate of imprisonment increased from 1319.3 in January 1993 to 1786.4 in March 1996; a 35.4% increase over the whole period or a constant growth of 0.8 % a month equivalent to an average annual growth of9.6 %. On the other hand, the non-Aboriginal

imprisonment rate for Australia declined by between 1.1 and 3 % during the same period. As a result, the risk of Aboriginal people being imprisoned relative to non-Aboriginal people increased by 36.5 % over the period under study, from 13.4 in January 1993 to 18.3 in March 1996.

With the exception of the Northern Territory, Aboriginal imprisonment rates showed a tendency to increase over the 39 months between January 1993 and March 1996. The major increase in Aboriginal imprisonment rates over the period was observed in the ACT (239.2 %) followed by Queensland (62.3 %), South Australia (55.1 %) and NSW (41.2 %). (It should be noted, however, that the numbers in the ACT are very small.)

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 49

Table 27: Aboriginal Rates oflmprisonment per 100000 Population Aged 17 Years and Over

Period NSW Vic. Q ld SA W A Tas. NT ACT Aust.

Jan-93 13 78. 1 1121.0 959.8 1635.2 2200.5 292.3 11 83.7 0.0 1319.3

Feb-93 1400 .5 1102. 4 980.2 1644.9 2336.6 292.3 1179.9 101.4 1350.9

Mar-93 1389.3 1093.2 991.6 1596.5 2356.0 274.0 1149.1 0.0 1344.3

Apr-93 1445.4 1046.8 1000.7 1596.5 2340.5 255.8 11 56.8 101.4 1357 .4

May-93 1479.1 I 074.6 950.7 1557.8 2379.3 292.3 I 076.1 0.0 1346.7

Ju n- 93 1494.8 102 8.3 927.9 1751.3 2387. 1 54.8 1195.3 0.0 1365. 8

Jul-93 1636.2 I 065.4 975.7 1761.0 2476.5 73. 1 12 10.6 0.0 1435.4

Aug-93 1701.3 1074.6 982.5 1848. 1 2492.1 54.8 11 91.4 0.0 1459.2

Sep-93 1676.6 121 3.6 I 032.5 1925.5 25 11.5 91.3 I 156.8 0.0 1478 .3

Oct-93 1658.7 1083 .9 1080.3 1993.2 2499.9 365.4 1176.0 0.0 1492.0

Nov-93 165 6.4 1102.4 1032.5 1799.7 2577.6 401. 9 1210.6 0.0 1486 .6

Dec-93 1598. 1 1102.4 1030.3 1848.1 2593.2 420.2 11 72.2 0.0 1470.5

Jan-94 1568.9 1269.2 1037.1 18 19.1 2476.5 383.6 1176.0 0.0 1455. 1

Feb -94 1651. 9 11 21.0 1082.6 2138.4 2503.8 347.1 1279.8 0.0 1518. 2

Mar-94 1739.5 1139.5 1114 .4 2148.0 2670.9 438.5 1345.1 0.0 1590.2

Apr-94 1809.0 1324.8 1203.1 1993.2 27 13.7 438.5 1456.6 202.9 1659.3

May -94 1761.9 1269.2 11 69.0 2157.7 2600.9 438.5 1391.3 101.4 1616.4

Jun-94 1768.6 1306.2 1237.2 2 11 9.0 2647.6 310.6 1314.4 101.4 1627.1

Jul-94 1704.2 12 76.9 1245.3 2129.3 26 19.6 461.0 121 1.9 393.3 1597.8

Aug-94 1664.8 1276.9 1260.8 2 195.5 2471. 1 3 19.1 1144.2 393.3 1576.9

Sep-94 1669.2 1240.7 122 5.3 2091.4 2566.3 30 1.4 1230.8 688.3 15 69.9

Oct-94 1570.6 1231.7 1240.9 2 176.6 2581.5 266.0 11 78. 1 393.3 1543.7

Nov-94 1636.3 1258.8 11 94.3 2053.6 2680.5 283.7 1238.3 49 1.6 1568.7

Dec-94 1640.7 1213.5 11 94.3 2271.2 2726.2 354.6 1298.5 688.3 1600. I

Jan -95 1669.2 11 50.2 1240.9 2167.1 2573 .9 336.9 1245.8 590.0 1576.8

Fe b- 95 1697.7 121 3.5 1296 .4 2337.5 2524 .4 301.4 11 89.4 688.3 1596.6

Mar-95 1730.5 1249.8 1323.0 2356.4 2703.3 266.0 1204.4 I 08 1. 6 1646.7

Apr-95 1791.9 1195.4 1409.6 2290.1 2908.9 230.5 129 1.0 786.6 1720.7

May-95 1767.8 1123.0 1436.2 2394.2 2886. 1 266.0 1309.8 590.0 172 1. 8

Jun-95 1796.2 1249.8 1429.6 24 13.2 2790.9 195.0 1294.7 590.0 1717.7

Jul-95 1791.9 I 159.2 141 8.5 2451.0 2718.6 230.5 1242.0 590.0 1692 .1

Aug-95 1829. 1 I 195.4 1360.7 2167.1 2737.6 230.5 1148.0 688.3 1660.7

Sep-95 1875. 1 1258.8 1445.1 2403 .7 2848.0 248.2 11 36.7 590.0 1728 .8

Oct-95 1875. 1 11 86.4 1429.6 2413.2 2886.1 372.3 1245.8 491.6 1746.8

Nov-9 5 192 5.5 11 77.3 1469.5 2280.7 2859.4 372.3 1208.2 590.0 1752.8

Dec-95 1923. 3 1258.8 1449.5 2309. 1 2893.7 30 1.4 1208.2 49 1.6 1756. 1

Jan-96 188 1. 7 1249. 8 1460.6 2365.9 2733.8 248.2 1211.9 49 1.6 1725.3

Feb-96 1943.0 121 3.5 1502.8 2441.6 2863.2 230.5 1200.6 688.3 1773.6

Ma r- 96 1945.2 1150.2 1558.3 2536.2 2840.4 336.9 I I 74.3 688.3 1786.4

% Change +41.2 +2.6 +62.3 +55. 1 +29. 1 + 15.3 -0.8 +239.z!'l +35.4

1995-96 A nnual Report 50

(I) Percentage change computed fro m the rates for March 1993 and Apri l 1994. Source: Australian In stitute of Criminology. Australian Prison Trends No 200 to 217 (January 1993 to June 1994). Australian Bureau of Statistics, Nati onal Correctional Statistics Unit. National Correctional Statistics: Pri son s, Jul y 1994 to June 1995 and March Quarter 1996.

Aboriginal imprisonment rates for Western Australia, Tasmania and Victoria increased by 29.1 %, 15 .3% and 2.6% respectively. The rate of Aboriginal imprisonment for the Northern Territory showed an increasing trend from January 1993 to April 1994. Starting from May 1994, the Northern Territory's rate tended to decline until reaching 1174.3 per

100000 persons in March 1994, its lowest value during the 39 months under study.

Chapter I -Trends in Aboriginal and Torres Strait Island er Death s in Custod y 51

Table 28: Non Aboriginal Imprisonment Rates per 100000 Population Aged 17 Years and Over

Period NSW

Jan-93 132.2

Fe b-9 3 132.5

Mar-9 3 134.9

Apr-93 136.6

May-93 135.7

Ju n-93 124.6

Jul-93 123.4

Aug-93 123. 5

Sep-93 123 .5

Oct-93 124.9

Nov-93 125. 7

Dcc-93 124.5

Jan -94 122.3

Feb-94 120 .4

Ma r-94 122.5

Apr-94 123.4

May -94 12 1.8

Jun-94 122.7

Jul- 94 121.9

Aug-94 120.9

Sep-94 119.3

Oct-94 11 7.7

Nov-94 11 7.9

Dec-94 11 7.5

Jan-95 116.2

Feb-95 116. 3

Mar-9 5 11 7. 1

Ap r-95 119.3

May-95 120.4

Jun-95 120.3

Ju l-95 11 9.2

Aug-95 11 8.8

Sep-95 116.9

Oct-95 11 7.9

Nov-95 11 6. 1

Dec-95 116.1

Jan-96 11 3.2

Feb-96 11 2.3

Mar-96 11 2.3

%Change -15 .1

1995-96 An nual Report

Vic.

69.3

68.6

68 .9

70.2

70.3

63.6

65.4

65.7

66.9

66.4

66.8

67.4

67.1

67.3

67 .8

67.1

68.3

69.7

69.6

68.3

67.9

69.3

68.4

65.7

67.3

66.8

67.9

67.1

67.8

68.4

68.1

68.6

68.2

66.0

66.3

66.8

64.6

67.2

-3.0

Q ld

82.9

79.9

81.7

8 1. 8

81.2

72.3

72.0

73. 6

74.2

74.3

75 .1

79.3

77.5

77.1

78.5

79.2

80.7

81.9

82.5

83.9

85 .4

86. 8

87.0

87.4

88.0

91.7

91.1

92.9

92.0

91.8

92.2

94.1

97.5

95.9

97.4

98.2

105 .3

+27.0

SA WA Tas.

93.7 105.5 82.9

95.2 108.2 84.6

92.8 112.2 83. 1

95.2 11 3.9 82.4

92.0 11 3.3 90.3

83.4 109.8 72.6

87 .4 11 4.8 77.9

86.2 115.6 76.0

89 .5 11 6.6 75 .3

88.0 118.3 74.5

90.7 11 8.4 68.8

90 .7 11 8.9 6 1.4

87 .9 11 3.6 60.4

89.3 11 5.6 60.5

94.5 11 7.4 64.7

95.0 13 1. 8 66.0

96.5 134.4 65.3

98.1 137.5 65.9

100 .4 11 5.7 65.6

99.6 114.2 69. 1

100.8 11 2.2 72.7

100.7 11 2.8 76.5

100.4 112.7 73.7

99. 8 II 0.9 77.3

96.8 I 09.3 7 1.6

99.2 I 08.6 67.8

99.1 111. 5 71.3

103.0 114 .1 7 1. 5

102.5 11 5.2 65.5

102.5 118. 1 66.7

101.5 11 7.8 66.6

98.6 11 6.2 67.2

10 1. 9 11 7.6 65.0

102.9 119 .7 7 1. 8

103.0 118.4 72.5

I 04.6 120.4 76.4

100.2 11 6.1 69.6

105. 8 117.6 72.1

I 08.3 11 3.8 77.4

+ 15.6 + 7.9 -6.6

NT ACT

151.2 35.8

156.2 38.8

156. 1 41.8

157.4 40.4

197.6 42.0

114.3 4 1. 8

11 5.4 47.3

103.3 45.4

149.3 45.3

129.3 47.0

132 .4 43.4

148.5 43.8

137.9 42.3

135.7 43.2

154.4 41.7

125.4 41.6

133.0 40. 7

138.7 47.0

128 .4 46. 7

144.5 44. 1

121.0 42.5

130. 6 43.2

152.3 35.5

155.5 37.1

144.7 36. 1

15 7.5 34.9

153.4 36.0

161.0 37.7

155.5 39.5

153.4 44.0

144.5 44.4

146.7 43.8

154.2 47.2

150.0 43.6

144.8 44.4

159.7 44.8

151.2 43.8

153.3 44 .3

148.0 46.5

-2. 1 + 11.8111

Aust.

98.8

98.7

100. 1

I 01.3

101.2

92.2

93.2

93.4

94.5

94.8

95.3

95.8

93.8

93 .4

95.3

96.7

97.2

98.4

96.4

95.3

95.2

95.8

95.3

93.6

94.3

94.8

97. 1

98.0

97.4

96.8

97.7

97.0

97.3

95.8

97.7

-I. I

(I) Percentage change computed from the rates for March 1993 and April 1994. Source: Australian Institute of Criminology. Australian Prison Trends No 200 to 217 (January 1993 to June 1994). Australian Bureau of Statistics, National Correctional Statistics Unit. National Correctional Statistics: Prisons, Jul y 1994 to June 1995 and March Quarter 1996.

Non-Aboriginal rates of imprisonment tended to dec) ine in NSW, Tasmania, Victoria and the Northern Territory. NSW experienced the largest decline (15.1%) during the period from January 1993 to March 1996. On the other hand, non-Aboriginal imprisonment rates increased in Queensland, South Australia, the ACT and Western Australia. The largest

increase was observed in Queensland (27 %).

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 53

Table 29: Ratio of Aboriginal to Non-Aboriginal Rates of Imprisonment Period NSW

Jan-93 I 0.4

Feb-93 10.6

Mar-93 10.3

Apr-93 10.6

May-93 10.9

Jun- 93 12.0

Jul -93 13.3

Aug-93 13.8

Sep-93 13.6

Oct-93 13.3

Nov-93 13.2

Dec-93 12.8

Jan-94 12.8

Feb-94 13.7

Mar-94 14.2

Apr- 94 14.7

May-94 14.5

Jun-94 14.4

Jul-94 14.0

Aug-94 13.8

Sep-94 14.0

Oct-94 13.3

Nov-94 13.9

Dec-94 14.0

Jan-95 14.4

Feb-95 14.6

Mar-95 14.8

Apr-95 15.0

May-95 14.7

Jun-95 14.9

Ju l-95 15.0

Aug-95 15.4

Sep-95 16.0

Oct-95 15.9

Nov-95 16.6

Dec-95 16.6

Jan- 96 16.6

Feb-96 17.3

Mar- 96 17.3

% Change +66.3

Average 14.0

Vic.

16.2

16. 1

15.9

14.9

15.3

16.2

16.3

16.4

18.2

16.3

16.5

16.3

18.9

16.7

16.8

19. 7

18.6

18.7

18.3

18.2

17.7

17.5

18.0

18.7

17.6

16.7

18.4

16.9

17.5

18.3

17.4

17.8

19.0

18.7

18.8

17.1

+5.5

17.5

1995-96 Annual Report

Q ld

11.6

12.3

12. 1

12.2

11. 7

12.8

13.6

13.4

13.9

14.5

13.7

13.0

13.4

14.0

14.2

15.2

14.5

15.3

15.2

15.3

14.6

14.5

13.8

13.7

14 .2

14.7

15.0

15.4

15.8

15.4

14.8

15.7

15.2

15. 1

15.1

15.0

15.3

14.8

+27.6

14.2

SA WA Tas. NT

17.4 20.9 3.5 7.8

17.3 21.6 3.5 7.6

17.2 21.0 3.3 7.4

16.8 20.5 3. 1 7.4

16.9 21. 0 3.2 5.4

21.0 21.7 0.8 10.5

20. 1 2 1. 6 0.9 10.5

2 1.4 2 1.6 0.7 11.5

21.5 21.5 1.2 7.7

22.6 21.1 4.9 9. 1

19.8 21.8 5.8 9.1

20.4 2 1. 8 6.8 7.9

20.7 2 1. 8 6.4 8.5

23 .9 21.7 5.7 9.4

22.7 22.8 6.8 8.7

21.0 20.6 6.6 11.6

22.4 19.4 6.7 10.5

21.6 19.3 4.7 9.5

21.2 22.6 7.0 9.4

22. 1 21.6 4.6 7.9

20.7 22.9 4. 1 I 0.2

2 1. 6 22.9 3.5 9.0

20.5 23.8 3.8 8.1

22.8 24.6 4.6 8.3

22.4 23.5 4 .7 8.6

23.6 23.2 4.4 7. 6

23.8 24.3 3.7 7.8

22.2 25.5 3.2 8.0

23.4 25.1 4.1 8.4

23.5 23.6 2. 9 8.4

24.2 23.1 3.5 8.6

22.0 23.6 3.4 7.8

23.6 24.2 3.8 7.4

23.4 24. 1 5.2 8.3

22. 1 24.1 5. 1 8.3

22.1 24.0 3.9 7.6

23.6 23.5 3.6 8.0

23.1 24.3 3.2 7.8

23.4 25.0 4.4 7.9

+34.5 + 19.6 + 17.1 + 1.3

21.5 22.6 4. 1 8.6

ACT

0.0

2.6

0.0

2.5

0.0

4.9

2.5

2.2

8.4

8.9

16.2

9.1

13.9

18.5

16.3

19.7

30.0

20.9

14.9

13.4

13.3

15.7

12.5

11.3

13.3

11.0

11.2

15.5

14.8

(I)

8.3

Aust.

13.4

13.7

13.4

13.3

14.8

15.4

15.6

15.7

15.6

15.4

15.5

16.3

16 .7

17.2

16.6

16.5

16.6

16.4

16.5

16.2

16.4

16.8

16.9

17.4

17 .7

17.7

17.5

17.4

17.2

17.9

18. 1

18.0

18.5

18.3

+36.6

16.4

(1) Percentage change was not computed for the ACT due to the large variability of the over representation ratios for the period.

Table 29 shows the ratio of Aboriginal and non-Aboriginal rates of imprisonment for Australia and each of the States and Territories. The table shows that the imprisonment rates for Aboriginal people continued to be not only unacceptably larger than those for non-Aboriginal people but also to increase at a steady rhythm over the 39 months under study.

Figure Nine shows the over-representation of Aboriginal people in prison for Australia as a whole. As noted above, the national over-representation ratio increased, on average, by 0.8% a month or 9.6% per year.

Figure Nine: Australia: Ratio of Aboriginal to Non Aboriginal Rates of Imprisonment January 1993 to March 1996

Australia

20.0

19.0

18.0

17.0

.!2 16.0 1U 0:: 15.0

14.0 0:: 13.0 .

12.0

11.0

10.0 " " " " " " .. ..

l ':: t "?

'Z ] '::

:\': :\':

:;; 0

:\': 0 2

., oi>

t "? 'Z

:\': :;; 0

0 2

Among the jurisdictions the largest increase in the ratio of Aboriginal to non-Aboriginal imprisonment rates was observed for NSW (66.3 %. See Figure lOa). The increasing rate of Aboriginal imprisonment combined with a decreasing rate for non-Aborigines to yield a worrying increase in Aboriginal over-representation.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody

oi>

:\':

Figure 10(a): Over-representation Ratios NSW, Queensland, Tasmania and Northern Territory January 1993 to March 1996

----- -- - - -- - --------

New South Wales

20.0 18.0 16.0

14.0

'lii 12 .0

0:: 10.0 Q) 'lii 8.0 --

0::

6.0 4.0 2.0 0.0

(') ., (') (') (') ...

l "Z 1 "'! "' l 0

... ... ... .... "'

..,

t "'! "' l "Z t "? "' 7

l 0 .,, 0 2 Period

Note: Different scale used for Figures J Oa and lOb.

Queensland

20.0 18.0 16.0

14.0

'lii 12.0

0:: Q)

10.0

'lii 8.0 -

0::

6.0 4.0 -2.0 0.0

(')

(') (') (') ... ... ... ...

t "'! "' l t i

,.,

l t "'! "'

l ;, f; J 0 Period

1995-96 Annual Report 56

Tasmania

20 .0 18.0 16.0

14.0

1Q 12.0

0:: 10.0 Q) 1Q 8.0

0::

6.0 4.0 2.0 0.0

'"' '"' '"'

...

l t "! ""' J 9- "'

..,

t "! "'

J "' Period

Northern Territory

20.0 18.0 16.0

14.0

1Q 12.0

0:: 10.0 .

- 8.0 ra 0:: 6.0 4.0 2.0 . 0.0 '"' ,., .,., '"' '"' ... l "Z t "! ""' J (.-) v. "' .., t "! "' ] fr v, The second largest increase in Aboriginal over-representation was observed for South Australia (34.5 %) where both Aboriginal and non-Aboriginal rates of imprisonment increased during the period (see Figure 1 Ob ). However, Aboriginal rates increased faster than non-Aboriginal. Queensland had the third largest increase in Aboriginal over-representation (27 .6 %) as a result of Aboriginal rates of imprisonment growing faster than non-Aboriginal rates (see Figure 1 Oa). Over-representation ratios for Western Australia (Figure 1 Ob) and Tasmania (Figure 1 Oa) showed similar percent changes over the period: 19.6 and 17.1 Chapter I - Trends in Aboriginal and Torres Strait Islander Deaths in Custody 57

%respectively. In Western Australia the increase resulted from Aboriginal rates of imprisonment growing faster than non-Aboriginal; the observed increase for Tasmania was derived from a growing Aboriginal rate and a declining imprisonment rate for non-Aboriginal people.

The Northern Territory showed the smallest increase in over-representation, a result from the non-Aboriginal rate of imprisonment declining faster than that for Aboriginal people (see Figure lOa) .

Figure 10 (b): Over-representation Ratios Victoria, South Australia, Western Australia and ACT January 1993 to March 1996

I Victoria

1 40.0..-----

. Q 7ii 0::: Q)

7ii 0:::

35.0 -30.0 .

25.0

20.0 15.0

10.0

5.0

0. 0 '-------'-------+--+-<--+-<-+-" ...........

<> <> <> .... .... .... ....

"' '"' t "? "' l t "? "' "Z t "? "' 9- 9- 9- "' "' "' Period

1995 -96 Annual Report 58

South Austral ia

40.0

35.0

30.0

.52 25.0 -; 0::: 20.0 Q) -; 15.0 0::: 10.0 5.0 0.0 <> <> <> <> <> <> .. .. J "Z t "? "' "Z "Z 0 0 z .. ... .. .. o.D o.D t "? "' "Z "Z t "? "' "Z ] "Z 0 0 0 z ., z Period Western Australia 40.0 35.0 30.0 0 25.0 .. ta 0::: 20.0 Q) -; 15.0 0::: 10.0 5.0 0.0 <> <> <> "' <> "' .. ... J "Z t "? "' "Z l "Z 0 0 z ... ... ... ... "' o.D o.D t "? "' "Z l "Z t "? "' "Z ] "Z 0 0 0 z ., z Period Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 59

Australian Ca pi tal Te rri tory

40.0

35.0

30 .0

25.0

16 0:::

20.0 Q) 16 15.0 0::: 10.0

5.0

0.0 "' l "' "' "' "'

... ... ... ... "'

; "? "' "Z ] t "? "' l c.. 0 -£ :z: z "'

"' "'

.... o£>

£_ "? "'

] "' Period

The results from the analysis indicate that the over-representation of Aboriginal and Torres Strait Islander persons in the prison system has remained high during the period investigated. More importantly, the figures show that the ratio of Aboriginal to non-Aboriginal rates of imprisonment continues to grow in all the States and Territories.

The behaviour of the over-representation ratio for NSW makes the strongest impact on the national figures. The fact that Aboriginal rates of imprisonment continue to increase while those for non-Aboriginal people are declining in NSW and Tasmania is of most concern. It is also alarming that in the remaining jurisdictions (except the Northern Territory) Aboriginal rates of imprisonment show larger increases than those for non Aboriginal people.

During the twelve months from April 1995 to March 1996 the number of Aboriginal prisoners, nationally, increased by 3.9 %. Among the jurisdictions with the larger Aboriginal prison populations, the largest increases were observed for South Australia (10.7 %) and Queensland (10.5

%), followed by NSW (8.5 %). In the remaining jurisdictions, the number of Aboriginal prisoners declined, with the Northern Territory experiencing the largest decrease over the one year period (9 %), followed by Victoria (3.8 %) and Western Australia (2.4 %).

Nationally, the ratio of Aboriginal to non-Aboriginal rates of imprisonment for Australia (the level of over-representation) increased by 3.4% during the twelve month period from April 1995 to March 1996.

1995-96 Annual Report 60

This resulted from increases in the over-representation ratios in Tasmania (37.5 %), NSW (15.3 %) and South Australia (5.4 %) combined with decreases in the remaining jurisdictions. The largest annual decrease in over-representation ratio was observed for

the ACT (29.2 %) followed by Queensland (4.5 %), Victoria (2.8 %), Western Australia (2 %) and the Northern Territory (1.2 %).

These data demonstrate starkly the failure of some jurisdictions to achieve the goal to which they committed themselves in responding to the report of the Royal Commission into Aboriginal Deaths in Custody, to reduce the appalling level of over-representation of Indigenous people in Australian pnsons.

Chapter I -Trends in Aboriginal and Torres Strait Islander Deaths in Custody 61

1995-96 Annual Report 62

Chapter 2

MONITORING IMPLEMENTATION OF THE RECOMMENDATIONS

Annual Report of the Aboriginal and Torres Strait Islander Justice Commissioner

Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit

Aboriginal and Torres Strait Islander Coordination, Including Involvement of Aboriginal and Torres Strait Islander Peoples in Implementing, Monitoring and Reporting in State/Territory Implementation and

Monitoring

Chapter 2-Monitoring Implementation of the Recommendations 63

Annual Report of the Aboriginal and Torres Strait Islander Justice Commissioner

Program

Aboriginal and Torres Strait Islander Social Justice Commissioner's annual social justice report and monitoring of the exercise and enjoyment of human rights by Aboriginal peoples and Torres Strait Islanders.

Relevant Royal Commission Recommendation

Recommendation 1.

Agency/Department Responsible

The Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner within the Human Rights and Equal Opportunity Commission.

Resources

$ 1,246,000

Implementation 1995/96

Under the Human Rights and Equal Opportunity Commission Act (Cth.) 1986 (specifically pursuant to an amendment passed on 16 December 1992), the Aboriginal and Torres Strait Islander Social Justice Commissioner is empowered to examine and monitor the exercise and enjoyment of human rights by Aboriginal and Torres Strait Islander peoples and to report his or her findings annually to the Attorney-General,

including recommendations as to action which should be taken to ensure such enjoyment.

The legislative provision makes no explicit reference to the recommendations of the Royal Commission Into Aboriginal Deaths In Custody. However, many of the recommendations directly relate to the human rights of Aboriginal and Torres Strait Islander peoples.

Thus, monitoring the exercise and enjoyment of human rights and the impact of Government programmes and policies on such exercise and enjoyment simultaneously fulfils the function of the recommendations.

1995-96 Annual Report 64

During the year 1995/6 the Social Justice Commissioner monitored the exercise and enjoyment of human rights in a number of key areas, most prominently, juvenile justice, criminal justice and police and prison systems, health, non-discrimination and equitable access to goods and

services, self-determination, legal and constitutional issues, environmental rights, cultural rights (including cultural and intellectual property) and compliance with internationally recognised human rights in the aforementioned areas.

Some of the findings of the above monitoring were published in the Commissioner's annual report .

The report aims to inform and educate politicians, policy makers, Government departments, people who work with Aboriginal and Torres Strait Islander peoples and the general public about the rights and situation oflndigenous peoples and to influence their decisions and actions so that they better ensure the enjoyment of such rights.

The Commissioner also uses a number of other fora and mechanisms to present the findings of his monitoring activities and to influence decision making and policy. During 1995/96, this includes:

â¢ Meetings with Ministers, political advisers, Departmental heads and officials, members of the judiciary and law enforcement agencies, researchers, organisations working with Indigenous peoples and Indigenous organisations and communities to raise human rights issues and discuss strategies; â¢ Presentation of findings and recommendations at public fora, speeches

and conferences; â¢ Publication and presentation of findings and recommendations through the media, journals and other publications; â¢ Submissions to formal review and Committee processes including:

submission to the NSW Ombudsman's Inquiry Into Juvenile Detention Centres in February 1996; submission to the Australian Law Reform Commission Reference on the Freedom of Information Act 1982 in September 1995; submission to the Commonwealth Minister for Justice on the Crimes Act (Forensic Procedures) Bill (Cth.) ; submission to the NSW Royal Commission Into Police Corruption;

extensive critical comments on the Government's final draft report to the United Nations Human Rights Committee on the implementation of the International Covenant on Civil and Political Rights;

Chapter 2 - Monitoring Implementation of the Recommendations 65

â¢ Presentation of findings at international forums, most notably the United Nations Working Group on Indigenous Populations.

While the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner has been able to monitor significant human rights areas, its ability to do so has been severely diminished by the resource and personnel constraints.

"Human rights" includes virtually every area ofthe lives oflndigenous Australians, including health, housing, education, employment, socio economic status, cultural rights, impact of the criminal justice system, territorial rights and political rights. Aboriginal and Torres Strait Islander peoples live in diverse circ*mstances across Australia and their concerns are by no means uniform. In order to even approach adequate monitoring, the Office would be required to be in contact with communities across Australia, and organisations working in all of the above mentioned areas. When unable to do so , the Office is frequently required to rely on studies conducted by other agencies and organisations. While such networking is a sensible use of limited resources, accurate monitoring of the actual impact of Government programmes and laws cannot occur without some direct assessment of the situation of Aboriginal and Torres Strait Islander peoples themselves.

A related constraint concerns the resource situation of Aboriginal and Torres Strait Islander organisations. Such organisations should, in theory comprise a key source of information about what is happening on the ground. However, in the main all their resources are tied up meeting the day to day needs of the communities they service, and they are unable to compile or document information.

Government agencies on the other hand, who may be in a better position to collect statistical data, often do not do so . This is despite the recommendation of the Royal Commission that comprehensive statistical information on Indigenous peoples be collected. While there has been some improvement in this area, much remains to be done.

One further particular constraint concerns the monitoring of enactments and proposed enactments. One of the Commissioner's functions as set out in the legislation is to examine existing and proposed enactments to assess their compliance with human rights requirements with respect to Aboriginal and Torres Strait Islander peoples.

1995-96 Annual Report 66

In order to facilitate the performance of this function, the Commissioner approached the former Attorney-General to request all heads of Departments and agencies responsible for drafting legislation which may have an impact on the exercise and enjoyment of the human rights of indigenous peoples to consider such impact, and, where appropriate liaise with the Commissioner.

The Attorney-General had such letters of request drafted. However, departments have failed to comply with the request, and as such any monitoring must be initiated by the Commissioner. Given that there is no central or public register of what legislation is being drafted where, it is virtually impossible for the Commissioner's Office to be aware of all upcoming Bills.

The Commissioner continues to work with State and Territory Aboriginal Justice Advisory Committees in representations to Commonwealth, State and Territory Governments pursuing full implementation of Royal Commission Into Aboriginal Deaths In Custody Recommendations, particularly in the priority areas of police, justice and corrections.

In monitoring the human rights situation of Aboriginal and Torres Strait Islander peoples, the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner seeks the views and perspective's of Indigenous peoples wherever possible.

Submissions put to, and concerns raised with the Commissioner are an important factor in determining the areas the Commissioner will monitor. In addition, the views and aspirations of Aboriginal and Torres Strait Islander peoples are one of the major determinants in formulating policy directions to be recommended to Government.

The Commissioner and his Offices have visited communities and organisations across Australia (within budget constraints), and regularly attend meetings with peak Indigenous organisations to seek their views. In addition, as required by the legislation, the Commissioner consults with the Aboriginal and Torres Strait Islander Commission.

Outcomes

As outlined above, the Commissioner's reports examine the human rights implications of issues of current concern, comment on the potential human rights implications of specific law and policy, and assess the impact of existing law and policy.

Chapter 2- Monitoring Implementation of the Recommendations 67

However, the Commissioner's social justice reports have been directed more towards raising general themes and issues than calling for specific measurable changes. Thus for example, the chapter on juvenile justice examines the current emphasis on detention and punitive responses to Indigenous youth offending, and the impact these approaches are having on Indigenous young people and communities. The report seeks to encourage readers to recognise the broader impact and to consider different, in this case non-custodial options as more useful approaches.

The report also seeks to function as an educative tool, to raise awareness about current mechanisms and their impact, Indigenous peoples' views and aspirations, and alternative policy approaches or views and to elaborate the meaning of international human rights standards. Specifically with respect to the latter, the aim is not, in a threatening tone, to point out to Government that it is compelled to honour its "obligations". Rather it is to explain what Australia has agreed it ought to do, and elaborate the meaning of such commitments.

In this year's report, this was done specifically in relation to juvenile justice, the domestic implementation of international instruments, and cultural rights. The desired outcome would be a greater understanding of what is required and entailed in meeting commitments in these areas, and,

of course, the development of law and policy which fully complies with them.

It cannot be said that this has occurred. In fact, there appears to be a great deal of resistance amongst certain politicians and departments to acknowledging or fulfilling Australia's human rights commitments, and a feeling that international law is a foreign, alien force which Australians should guard against. It is hoped that the third annual report, and future reports will mitigate against this reaction by showing how international human rights instruments and elaborations can be seen by Australians as a tool to assist us in making the just country we would have it be. Notable outcomes of specific chapters are as follows:

â¢ Juvenile Justice - The Commissioner has been approached by juvenile justice Ministers, magistrates, legal organisations and departmental officials to discuss issues raised in the chapter and to look at ways of altering law, policy and practice to reduce the number of Indigenous

youth in detention and open other options to them. â¢ Australian Human Rights Developments (Teoh's case)- This chapter looked at what is required for Australia to properly implement its international treaty commitments , and assesses the degree to which this

1995-96 Annual Report 68

has been done. It is strongly critical of the Administra tive Decisions (Effect of International Instruments) Billl995 , legislation proposed at the time of drafting the report which would have specifically sanctioned administrative decision makers not following or even considering treaty obligations in the performance of their decision making functions . The Bill was in fact withdrawn shortly before the report was tabled in parliament. Nevertheless, before the report's formal presentation the Commissioner had used the material it contained to oppose the Bill. This included appearing before the

Senate Committee considering th e Bill. It is felt that such opposition contributed to the Bill's withdrawal. The outcome was thus successful. â¢ International Human Rights Developments; cultural rights - This chapter elaborated the meaning of article 27 of the International

Covenant on Civil and Political Rights and assessed the degree of Australia's compliance. It found that current recognition and protection of the cultural rights of Aboriginal and Torres Strait Islander peoples falls short of adequate implementation.

Feedback to the Commissioner indicates that Indigenous Organisations found the material to be a useful elaboration and tool for pressing their concerns. However, developments in the last year, in particular judicial decisions, administrative processes and public reactions regarding the protection oflndigenous culture and heritage (most markedly in relation to

the Hindmarsh Island affair) indicate that Australia is not heeding the chapter's call for greater compliance.

Social Justice Strategies

This chapter was an edited version of the Commissioner's submission on the proposed social justice package. The submission has raised a great deal of interest, and has been broadly used and quoted by people and organisations exploring and advocating new policy development. In particular, the material on regional agreements has generated a great deal of interest. Resource material produced by the Commissioner has been

reproduced and distributed for conferences and meetings and is increasingly used to assist people seeking to negotiate new arrangements. Unfortunately, at a Governmental level, there has been no response from either the former, or the current Federal Governments. The Coalition

Government has indicated that it does not intend to implement a specific package of reforms. Nevertheless, it is hoped that the policy directions canvassed in the chapter will be considered by the new Government as it further develops policy.

Chapter 2 - Monitoring Implementation of the Recommendations 69

National Community Education Project and National Indigenous Legal Curriculum Development

These chapters were mainly directed to information provision and to informing Indigenous peoples and organisations, legal professionals and educational institutions about the philosophies of the programmes, educational directions they are implementing and their stage of development. Forums held by the Commissioner subsequent to the report's release indicate that they have been widely read and are being used by Indigenous organisations and educators in particular seeking to develop greater control and involvement of curriculum development and community education for Indigenous people.

Legislative review

The objective of this chapter was to encourage government departments and agencies responsible for developing and drafting legislation to take note of human rights implications of the legislation at the developmental stage, and to liaise with the Commissioner early on. Unfortunately, few have taken up the proactive approach advocated, and the responsibility still rests with the Commissioner to intervene raising human rights concerns when Bills are at the presentation stage, or after their passage.

With respect to other submissions and input to Committee/Inquiry processes outlined above, the objective of such submissions is to initiate legislative amendments or policy changes to ensure recognition of the human rights of Aboriginal and Torres Strait Islander peoples in the particular context. At this stage it is too early to assess whether this will occur in relation to the above mentioned matters. However, the more short term objective of influencing the recommendations of the reviews and Committees has been achieved in several key areas.

1996/97 and Beyond

The Commissioner's general monitoring functions will continue, with much of the content of areas monitored to be determined by political and social developments and concerns raised by Aboriginal and Torres Strait Islander peoples.

In particular, the Commission intends to focus on the right to housing, the housing situation of Indigenous peoples, and the impact of violation of this right on the lives of indigenous peoples more generally (ie health,

1995-96 Annual Report 70

education, employment prospects, contact with the criminal justice system).

The Commissioner will also be looking further at the juvenile justice system, with a particular focus on diversionary schemes and the involvement of indigenous peoples in formulating alternative programmes (as per Royal Commission Recommendation 62).

The Commissioner will continue to monitor key legislation and legislative amendment, in particular proposed amendments to the Aboriginal and Torres Strait Islander Commission Act and the Native Title Act 1993 (Cth.), legislation relating to the protection of culture and heritage, juvenile justice and child welfare and the constitutional reform process.

Cross-Reference to Broader Policy and Program Initiatives

The Commissioner's annual report and monitoring functions form an integral part ofthe overall charter of the Human Rights and Equal Opportunity Commission to promote human rights in Australia and improve Australian's awareness and understanding of human rights.

Within the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, the annual social justice report and monitoring function is the most important priority.

Preparation and production of the report takes place throughout the year.

Contact

Human Rights and Equal Opportunity Commission.

Telephone: 02 284 9780 Facsimile: 02 284 9715

Chapter 2- Monitoring Implementation of the Recommendations 71

Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit

(The Royal Commission Government Response Monitoring Unit)

Relevant Royal Commission Recommendation

Recommendation 1.

Agency/Department Responsible

The Aboriginal and Torres Strait Islander Commission (ATSIC)

Description of Program

The Royal Commission Government Response Monitoring Unit was established in response to the need for effective public monitoring of the Commonwealth Government's implementation of its responses to RCIADIC recommendations. The Unit's main tasks are to:

â¢ monitor and report on the implementation by the Commonwealth of the recommendations of the Royal Commission into Aboriginal Deaths in Custody; and â¢ prepare a draft annual report on the implementation of the

recommendations of the RCIADIC for the Minister for Aboriginal and Torres Strait Islander Affairs.

Implementation 1995/96

In the lead up to the election, the Coalition promised that if elected they would have a Summit on Aboriginal Deaths in Custody. They were concerned about the high incarceration rates and the continuing numbers of Indigenous Australians dying in custody. It is anticipated that the Unit will be involved in the preparation for the Summit as there has been preliminary discussions about the Summit between the ATSIC Chairperson and the Minister for Aboriginal and Torres Strait Islander Affairs.

During the year, the Monitoring Unit commissioned three research projects. Two expected to be completed by December 1996. The Office of the Aboriginal and Torres Strait Islander Commissioner has been commissioned

1995-96 Annual Report 72

to examine the deaths of Indigenous people in custody since the Royal Commission ceased the investigation of deaths in May 1989 until January 1996.The second report will evaluate the implementation of recommendations relating to deaths in custody, and this research is being undertaken by the Australian Institute of Criminology and Sydney University.

The Australian Bureau of Statistic's report on the evaluation of the recommendations aimed at improving employment for Aboriginal and Torres Strait Islander peoples was launched in May 1996. Copies can be obtained from the Monitoring Unit.

An additional project was undertaken by the Australian Institute of Aboriginal and Torres Strait Islander Studies, to establish a research register of all studies and papers that have been undertaken on the Royal Commission. It is proposed to have all the material available on the Internet in the near future.

The proposed changes to the restructuring of the Monitoring Unit did not occur due to internal and external factors. Instead A TSIC proposed to amalgamate the Monitoring and Reporting Section with Corporate Reporting. This change is due to take place on 1 July 1996. This new section would still take prime responsibility for the reporting and monitoring of the RCIADIC recommendations and the production of the annual report.

Staff from the Unit meet in March 1996 with State Monitoring Officers in Darwin to discuss a range of issues concerning deaths in custody.

Outcomes

To consolidate staffing levels within the Unit and to prepare for the amalgamation. Prepare for the completion of the two commissioned research projects, for example, design cover, arrange for printing and distribution of the reports. Prepare for the forthcoming final annual report.

Commission new research.

1996-97 and Beyond

Prepare and plan for the final Annual Report and discuss with the Standing Group about how this may be achieved. Ensure that there is an Indigenous input into the Ministerial Summit on Aboriginal Deaths in Custody.

Chapter 2- Monitoring Implementation of the Recommendations 73

Resources

All costs were met from the administrative allocations to ATSIC.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3180 Facsimile 06 285 4030

1995-96 Annual Report 74

Aboriginal and Torres Strait Islander Coordination, Including Involvement of Aboriginal and Torres Strait Islander Peoples in Implementing, Monitoring and Reporting in

State/Territory Implementation and Monitoring

Relevant Royal Commission Recommendations

Recommendation 1.

Agency/Department Responsible

The Aboriginal and Torres Strait Islander Commission (ATSIC)

Description of Program

Funding of State and Territory governments to assist in the costs of enhancing involvement by Aboriginal and Torres Strait Islander peoples' representatives in monitoring and reporting on the implementations of responses to Royal Commission recommendations.

Implementation 1995/96

The Monitoring Unit had a program budget of $0.54 which was used to fund the research projects and to produce and distribution them.

The following State and Territory reports are an indication of the type of activities undertaken by monitoring officers throughout the year.

Tasmania

The Office of Aboriginal Affairs (OAA), located in the Department of Premier and Cabinet carried over unexpended funds of$12,484 from 1994/95 into 1995/96. They received a further $57,220 for continuation of the project in 1995/96. OAA was recently moved the Department of Education, Community and Cultural Development and financial reports to

the end of 30 June 1996 have not yet been provided. Expenditure to 30 June 1996 is not known at this stage. The OAA employed a Royal Commission Monitoring Officer during the reporting period. The Monitoring Officer's role is to oversee the implementation of the State response to Royal Commission recommendations and to conduct community workshops on relevant recommendations to enable community

input on the responses.

Chapter 2 - Monitoring Implementation of the Recommendations 75

During the reporting period the OAA conducted 20 meetings with organisations which were attended by l 02 people. The meetings covered a wide range of issues such as Youth, Health, Employment, Education, police relations, Justice, Housing, and culture.

As a result of the workshops, key issues were addressed with relevant Government agencies.

OAA facilitated discussions with the Hobart City Council, the Tasmanian Aboriginal Centre, the Department of Justice, and the Department of Community and Health Services over the draftY outh Justice Bill. The proposed bill includes provision for formal police cautions and family conferencing and makes specific reference to procedures for Aboriginal youth. The OAA's attempts to involve the Tasmanian Aboriginal Centre (T A C) were not successful. The T AC have not endorsed the procedures and are now working on their own procedures. based on their own round of consultations.

OAA also liaised with the Department of Community and Health Services for an extension to the Health Liaison Officers program and changes were made to the State Aboriginal Employment and Career Development Strategy including the provision for the Department Justice to launch a Aboriginal and Torres Strait Islander recruitment strategy. The Tasmania Police has also launched an Aboriginal recruitment strategy and the OAA is continuing discussions with the Police for development of a voluntary cell visitor scheme for police lock ups and a sobering up facility in the south of the state.

The OAA is also claiming that it negotiated the establishment of the Community Service Orders program which allows offenders to undertake CSOs in Aboriginal organisations (the TAC also claims that program as their own). OAA was involved in discussions with Aboriginal Organisations regarding amendments to the Coroners Act as it applies to the discovery of human remains.

In February 1996 the OAA abandoned the Royal Commission Monitoring Committee it had established and now meets individually with small sub-committees from various agencies. The OAA has not been successful in establishing an AJAC, but negotiations are continuing.

1995-96 Annual Report 76

1996/97 and Beyond

The OAA has expressed its desire to establish an AJAC in 1996/97' but cannot secure state government funding. A TSIC is attempting to have the OAA negotiate with the Tasmanian Aboriginal Centre and the Department ofJustice to clearly define the role of the AJAC. OAA is seeking ATSIC funding to establish the AJAC.

South Australia

Under this program funds are granted to the Department of State Aboriginal Affairs. (DoSAA) are the project managers for the Aboriginal Justice Advocacy Committee (AJAC) project. SA's AJAC is different to other states in that it was established specifically in relation to Recommendation 1, rather than Recommendation 2 which deals more

directly with Advisory Committees.

The project was designed as a co-operative venture between the Department of State Aboriginal Affairs, the Aboriginal Justice Advocacy Committee and ATSIC. The Aboriginal Justice Advocacy Committee is an all Aboriginal body with representatives drawn from across the State. Much of AJAC's work this period focussed on consultations with

indigenous people throughout the State.

Outcomes

This project continues to increase awareness in the general community of the Royal Commission initiatives. Although this is difficult to measure, AJAC's consultation rounds have been supported by the production of a monthly newsletter which carries information about initiatives at all levels and provides a forum for debate.

AJAC also produced a Community Consultations Report for the period. This is a comprehensive report on how the community see the implementation of the recommendations laid down in the Royal Commission.

AJAC continue to take a strong public stand on matter related to deaths in custody. They attract significant media coverage.

Chapter 2 - Monitoring Implementation of the Recommendations 77

1996/97 and Beyond

AJAC have recently completed a visit to Canada where they were involved in consultations with like indigenous organisations. They will report on their experiences there. Until this report is complete, it is difficult to know how these experiences will impact on the day-to-day operations of the

New South Wales

Activity coordinated by Tranby Aboriginal Co-operative College: One community workshop was held in this financial year at Coffs Harbour and the previous year there were seven in various country areas. Some 80-90 people including representatives of government agencies, and Aboriginal Legal Services attended the workshop at Coffs Harbour.

The workshop was a carry over from the previous financial year. To date no final report was presented to the Department of Aboriginal Affairs documenting Aboriginal and Torres Strait Islander people who attended the workshops.

No other projects were undertaken. There was to have been an additional workshop held at Bourke which was cancelled due to community concerns over political representation which were expressed at a previous workshop. The funds which was to be allocated to run the Bourke workshop were used to print extra booklets on the RCIADIC recommendations to meet requests from those attending the workshops.

Consultations were conducted by the Western Aboriginal; Legal Service (W ALS): a number of community meetings were held in Dubbo, Wellington, Narromine, Coonabarabran, Warren, Gilgandra, Nyngan, Bourke, Brewarrina, Goodooga, Weilmoringle, Enngonia, Cobar, Wilcannia, Ivanhoe, Broken Hill, Menindee, Balranald and Dareton.

To date the Department of Aboriginal Affairs still have not received the report from W ALS .

Australian Capital Territory

A Research Officer was employed to prepare a draft report on the implementation ofRCIADIC recommendations for the ACT Aboriginal and Torres Strait Islander Advisory Council to go to the ACT Chief Minister. The Research officer ceased employment in February, 1995 and the position has not been filled.

1995-96 Annual Report 78

Outcomes

NSW: the workshop identified some 18 major areas of concern, including lack of communication with NSW Police services and all Government Departments with Aboriginal communities, effective cross-cultural training for Police and Justice Officers, overview of services provided by the Aboriginal Legal Services to be undertaken, alternatives to

imprisonment and the Recommendations to be legislated.

ACT: the draft report on implementation of the RCIADIC recommendations was being considered by the Chairperson of the ACT A TSI Advisory Council.

1996/97 and Beyond

New South Wales

Emphasis on getting the final report from the workshops conducted Tranby and Western Aboriginal Legal Service

Australian Capital Territory

The research officers position has been advertised at the Senior Officer Grade C and is likely to filled.

Victoria

The AJAC employs an Executive Officer from the ATSIC grant. The Department of Health and Community Services provides the accommodation and expenses required for the person to operate.

The AJAC meets every 6-8 weeks. During 1995/96 the AJAC met with community groups in Melbourne, Robinvale and Bairnsdale. Meetings were also arranged with the Victorian Attorney General, Minister for Justice and Minister for Health and Community Services.

Each year the AJAC provides a critical analysis of the Victorian Government's annual implementation report. The latest Victorian Government's report was in 1994. A copy of the AJAC report was widely distributed to Commonwealth, State and Local Government agencies.

Chapter 2 - Monitoring Implementation of the Recommendations 79

It is planned to hold more AJAC meetings in Aboriginal communities throughout Victoria. The budget for AJAC operation in 1995 /96 is $85,299

Northern Territory

The Office of Aboriginal Development employs an Aboriginal Project Team. The aim ofthe team is to provide Aboriginal people and their ATSIC Regional Council representatives with an avenue for direct input into development of implementation mechanisms as well as for review of existing programs that rel ate to the RCIADIC recommendations.

Outcomes

The project officer has held a number of workshops throughout the state giving Aboriginal people an opportunity to contribute to any issues regarding the RCIADIC implementation or the lack of it.

Provision of significant input into the RCIADIC State Annual reporting process incorporating views and recommendations of Aboriginal people arising out of the consultative process. Consultation in NT Government Agencies with responsibility for implementation of the RCIADIC recommendations.

Western Australia

While formal Bilateral Agreements or MOW's were not reached with State Agencies in the Social and Cultural Program, (it is noted that agreements were reached under the Economic Program with Agriculture W A and the Department of Commerce and Trade) several developments did occur in the Social and Cultural Program area. These developments were:

â¢ The establishment of an Environmental Health Needs Coordinating Committee with membership from A TSIC, Aboriginal Affairs Department of W A (AAD), W A Aboriginal Housing Directorate, Aboriginal Health Division Health Department of W A, Department of Human Services and Health (now Department of Health and Family Services), Department of Housing and Regional Development (Housing Branch now under the Department of Social Security) and the W A Municipal Association.

1995-96 Annual Report 80

Development of joint funded research projects/development programs with States:

â¢ ATSIC & AAD - benchmarking study of services provided by local Government, State, Commonwealth to three remote Aboriginal communities as compared to three mainstream towns in the same local government area. â¢ ATSIC, AAD, WA Office Water Resources and WA Office ofEnergy - joint

tender for the development of an alternative for the future provision of essential services to remote Aboriginal communities other than as Program Managed through State Government Business Enterprises. This will include development of guidelines to enable Program Management to use open competitive tender. The cost of th e joint tender to advise ATSlC and the AAD is $105,000 with

ATSIC contributing $30,000 and the state agencies contributing the balance.

Coordination, including involvement of Aboriginal and Torres Strait Islander peoples in implementing, monitoring and reporting.

In many communities there is no forum to discuss deaths in custody and the underl yi ng issues, and the impact this has on families. To overcome this, governments have established the Aboriginal Justice Advisory Committees whi ch have been very effective in reaching communities and

bringing their concerns to the notice of state and territory governments.

1995/96 and Beyond

To ensure that there is adequate funding for community consultations. Provide information to Regional Councils on the role they can play in developing links with the community on deaths in custody issues.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 28 93180 Fac sim ile 06 2854030

Chapter 2 - Monitoring Implementation of the Recommendations 81

1995-96 Annual Report 82

Chapter 3

OVERVIEW

Recommendations 1 - 3

Chapter 3-0verview 83

Recommendation 1

That having regard to the great input which has been made to the work of the Commission, not only by Governments and departments of Government but also by Aboriginal communities, organisations and individuals, on the one hand, and non-Aboriginal organisations and individuals, on the other, it is highly desirable that the attitude of Governments to the recommendations and the implementation of those adopted be carried out in a public way as part of the process of education and reconciliation of the whole society. To this end the Commission recommends: that the Commonwealth Government and State and Territory Governments, in consultation with the Aboriginal and Torres Strait Islander Commission (ATSIC) , agree upon a process which ensures that

the adoption or otherwise of recommendations and the implementation of the adopted recommendations will be reported upon on a regular basis with respect to progress on a Commonwealth, State and Territory basis; that such reports should be made not less than annually and that, subject to the agreement of its Commissioners so to do, ATSIC be given special responsibility and funding to enable it to monitor the progress of the implementation of adopted recommendations and to report thereon to the Aboriginal and Torres Strait Islander community;

that Governments consult with appropriate Aboriginal organisations in consideration and implementation of various recommendations in this report; that, wherever appropriate, Governments make use of the services of Aboriginal organisations in implementing such recommendations; and ensure local Aboriginal organisations are consulted about the local implementation of recommendations and their services be used wherever feasible.

The Commonwealth Responded:

The Commonwealth agrees that a detailed and comprehensive response to the first recommendation by all jurisdictions is of critical importance to ensuring the effective implementation of all other recommendations of the Royal Commission into Aboriginal Deaths in Custody.

The Commonwealth recognises that Aboriginal and Torres Strait Islander people and the wider community require comprehensive, integrated and publicly accountable processes to be established. Ongoing monitoring mechanisms need to be put in place. These measures will also be necessary

if Australia is to meet its international obligations. Accepting that Aboriginal Affairs is a shared responsibility the Commonwealth is committed to achieving the maximum degree of

1995-96 Annual Report 84

cooperation with State, Territory and Local Governments in pursuance of these principles, goals and objectives as set out in the 'National Commitment to Improved Outcomes in the Delivery of Programs and Services for Aboriginal and Torres Strait Islander people endorsed by the Australian Council of Governments in December I992.

To give further effect to the principles of self-determination, the Commonwealth will wherever possible make use of Aboriginal organisations in implementing the Royal Commission recommendations and is committed to ensuring local Aboriginal organisations are consulted about the local implementation.

To implement a detailed monitoring and implementation mechanism for the Royal Commission recommendations the Commonwealth will give effect to the following arrangements:

Aboriginal and Torres Strait Islander Commission

The Commonwealth believes that the Aboriginal and Torres Strait Islander Commission (ATSIC) has a crucial and key role in ensuring the achievement of these objectives and that it will be necessary for Commonwealth departments and authorities to cooperate and coordinate with ATSIC. ATSIC will establish a Monitoring Unit to oversee and report upon the implementation measures taken by Commonwealth agencies as identified in this document. To this end, ATSIC, jointly with the Department of the Prime Minister and Cabinet (because of the Prime Minister's commitment to the reconciliation process), will convene a

Standing Group of representatives of all departments with responsibilities for implementing recommendations of the Royal Commission. The group will include participation by ATSIC's representative arm. It will coordinate preparation of an Annual Statement to be tabled in Parliament

by the Minister for Aboriginal and Torres Strait Islander Affairs and considered by the House of Representatives Standing Committee on Aboriginal Affairs. The statement will be along the lines of the Budget related Paper on Social Justice for Indigenous Australians (introduced in August I99I).

The annual reports of ATSIC's Regional Councils will also report on the extent to which Governments are implementing effectively their responses to the recommendations. The Commonwealth in its National Agenda for Women , acknowledged that

'Aboriginal women provide the backbone of support for programs in their communities'. ATSIC is concerned that the recommendations of the Royal Commission fail adequately to recognise this role in presenting the underlying causes of Aboriginal deaths in custody.

Chapter 3 - Overview 85

In monitoring progress on implementation, ATSIC will ensure, through the direct involvement of its Office of Indigenous Women, that the role of Aboriginal and Torres Strait Islander women as primary-care givers is recognised.

Interventionist strategies in all areas will be assessed against the extent to which they are informed by an understanding of women 's role in Aboriginal and Torres Strait Islander communities and the particular needs and aspirations of women which need to be addressed.

States and Territories

Monitoring arrangements within the States and Territories are for them to decide, but it is urged that they should complement the Commonwealth approach. The Commonwealth will work closely with State and Territory Governments in this matter to fulfil the intention of Recommendation 1 (b) as supported by all jurisdictions. It is proposed that arrangements be made for cross-tabling of monitoring reports in Commonwealth, State and

Territory Parliaments.

The Role of Ministerial Forums

The Commonwealth will work with the States and Territories to ensure that all relevant Ministerial or senior officials ' forums will give ongoing consideration of the progress in implementing all Royal Commission recommendations falling within their spheres of interest. This will involve ensuring that Commonwealth, State and Territory departments and agencies implement recommendations in accordance with the intention of the Royal Commission. In addition, the forums would ensure that exemplary practices are identified and would promote consistency in the implementation of recommendations.

The Human Rights and Equal Opportunity Commission

The Commonwealth response to the National Inquiry into Racist Violence Report committed Commonwealth support for the Human Rights and Equal Opportunity Commission to perform a broader watchdog role in relation to the human rights of Aboriginal and Torres Strait Islander people.

To this end, an Aboriginal and Torres Strait Islander Social Justice Unit will be established whose functions will include the production of an annual 'State of the Nation' Report on Aboriginal and Torres Strait Islander

1995-96 Annual Report 86

issues. In producing the 'State of the Nation' Report, the Unit will consult with and pay particular regard to issues of concern to Aboriginal and Torres Strait Islander people and will establish a cooperative relationship with ATSIC.

This annual 'State of the Nation' Report assumes further importance because of the unanimous endorsem*nt by the Commonwealth Parliament of the preamble in the legislation to establish the Council for Aboriginal Reconciliation as an essential element in the reconciliation process. The preamble makes the following commitment:

As a part of the reconciliation process, the Commonwealth will seek an ongoing national commitment from Governments at all levels to cooperate and to coordinate with the Aboriginal and Torres Strait Islander Commission as appropriate to address progressively Aboriginal disadvantage and aspirations in relation to land, housing, law and justice, cultural heritage, education, employment, health, infrastructure, economic development and any other relevant matters in the decade leading to the

centenary of Federation, 200I. The monitoring mechanism and data-collection processes established by Government responses to the Royal Commission will be of crucial importance in the preparation of the 'State of the Nation 'Report and will be supplemented by the extensive information already available to the Human Rights and Equal Opportunity Commission.

IrJormation and Evaluation

A comprehensive evaluation of implementation could be considered by Governments and the ATSIC Board after three years. This would include assessment of the monitoring mechanism itself In this context, the National Aboriginal Survey recommended by the Royal Commission and

its other proposals for new and improved statistical data collection and development of social and economic indicators will be particularly important.

Implementation 1995/96

The Royal Commission Government Response Monitoring Unit in A TSIC continued to report on implementation of those Royal Commission recommendations that the Commonwealth chose to address.

Its 1994-95 Annual Report was tabled in the Federal Parliament in June 1996 by the Minister for Aboriginal and Torres Strait Islander Affairs, The Hon. Senator John Herron. Copies were distributed nationally to Aboriginal and Torres Strait Islander organisations, ATSIC Regional Council members,

Chapter 3 - Overview 87

Commonwealth Ministers with implementation responsibilities, State and Territory Ministers with responsibility for Aboriginal and Torres Strait Islander Affairs, and all local government authorities.

The Standing Group of Commonwealth Representatives continued to meet throughout the year. The Standing Group agreed May 1996 to proposed changes to the reporting format. The changes were to ensure quality reporting and add a monitoring element to the reporting process. All relevant Commonwealth departments and agencies endorsed those sections of this annual report falling within their areas of responsibility.

Aboriginal and Torres Strait Islander Women

See Recommendations 49 and 188

State and Territory Reports

The States and Territories continued individual reporting and tabling time frames which did not match Commonwealth schedules. This was unfortunate, considering that the States and Territories have the primary responsibility for implementing recommendations relating to the criminal justice system, and is against the original intention of the response.

Monitoring by Aboriginal and Torres Strait Islander Organisations

See the program report entitled Aboriginal and Torres Strait Islander Participation in State/ Territory Implementation and Monitoring.

Cross-tabling of Reports

The cross-tabling in Parliament of Commonwealth and individual State and Territory reports occurred as reports became available.

Ministerial Forums

The Royal Commission continued to be a standing agenda item of the Ministerial Council for Aboriginal and Torres Strait Islander Affairs (MCATSIA). Throughout the year the RCGRMU provided briefs and talking points for the MCATSIA forum and associated processes. Other Ministerial forums are discussed under the relevant recommendation later in this report.

1995-96 Annual Report 88

The Human Rights and Equal Opportunity Commission

The 1995 Annual Report of the Aboriginal and Torres Strait Islander Social Justice Commission was tabled in the Federal Parliament in June. (For more information refer to the Program Report-Annual Report of the Aboriginal and Torres Strait Islander Social Justice Commissioner.)

Royal Commission Monitoring Unit Liaison and Advice

The RCGRMU's main task was to produce an annual report for tabling in the Federal Parliament. It also did other work directly related to implementation and monitoring ofRCIADIC recommendations. It provided briefings to the Minister, Commissioners and ATSIC Executive,

dealt with RCIADIC correspondence, issues and RCIADIC-related forums, contributed to community-initiated forums and conferences such as the National Aboriginal Justice Advisory Committee Conference, developed a program and funding data base, and commissioned and oversaw research

activities.

Outcomes

Production of an annual report that was more focused on outcomes and higher quality reporting. See the program report entitled Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit.

1996/97 and Beyond

See the program report entitled Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3180 Facsimile 06 285 4030

Chapter 3 - Overvi ew 89

Recommendation 2 and 3

That subject to the adoption by Governments of this recommendation and the concurrence of Aboriginal communities and appropriate organisations, there be established in each State and Territory an independent Aboriginal Justice Advisory Committee to provide each Government with advice on Aboriginal perceptions of criminal justice matters, and on the

implementation of the recommendations of this report. The Aboriginal Justice Advisory Committee in each State should be drawn, and represent, a network of similar local or regionally based committees which can provide the State Advisory Committee with information of the

views a/Aboriginal people. It is most important that the views of people living outside the urban centres be incorporated. The terms of reference of each State, local or regional Advisory Committee is a matter to be negotiated between Governments and Aboriginal people.

The Commission suggests however that matters which might appropriately be considered include, inter alia: a) the implementation of the recommendations of this report, or such of them as receive the endorsem*nt of the Government; b) proposals for changes to policies which affect the operation of the

criminal justice system; c) programs for crime prevention and social control which enhance Aboriginal self-management and autonomy; d) programs which increase the recruitment of Aboriginal people to the

staff of criminal justice agencies; and e) the dissemination of information on policies and programs between different agencies, and between parallel bodies in different States.

The Commonwealth responded:

The Commonwealth already receives advice from the Human Rights and Equal Opportunity Commission (HREOC) and Aboriginal and Torres Strait Islander Commission (ATSIC) and notes that the Royal Commission only envisaged that the Committees would be established at the State and

Territory level. The Commonwealth will liaise with the State and Territory Committees as we would expect some Commonwealth issues could be channelled through the Committees. In view of the size of the Aboriginal community at Jervis Bay, the

Commonwealth would favour using either the Jervis Bay Residents Group consultative mechanism or the Bogong Regional Council. The Commonwealth will approach them concerning the implementation of this recommendation.

1995-96 Annual Report 90

ATSIC and HREOC will convene an annual national conference of Aboriginal Justice Advisory Committees and other interested bodies. State and Territory Governments will be asked to support this conference.

Resources

State and Territory Aboriginal Justice Advisory Committees (AJACs) are researched by State and Territory governments.

The Commonwealth Attorney-General' s Department provides support funds for the National Aboriginal Justice Advisory Committee.

Implementation 1995/96

ATSIC together with the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner sponsored a second national conference of representatives from State and Territory AJACs which was held in Brisbane in August 1995 .

At the conference, agreement was reached for the establishment of a National Aboriginal Justice Advisory Committee (NAJAC) with the assistance of the Commonwealth Attorney-General's Department. NAJAC comprises the Chairpersons of all State and Territory AJACs.

NAJAC was endorsed by all State and Commonwealth Attorneys-General and operates as a forum for the exchange of ideas and practices between State and Territory AJACs.

NAJAC also provides advice and recommendations to the Standing Committee of Attorneys-General on indigenous justice issues, particularly in relation to the Royal Commission into Aboriginal Deaths in Custody.

The first NAJAC meeting was held in Adelaide in 1995 . A second meeting was held in Darwin on 27-28 March 1996.

All AJACs and the NAJAC are indigenous bodies which consult with their communities and represent them in negotiations directly with governments and government agencies involved in the justice system.

Chapter 3 - Overview 91

Outcomes

A second national Conference of AJACs was held in Brisbane in 1995 . A NAJAC was established and has held its first meetings.

An AJAC was established in the NT, primarily as a result ofNAJAC lobbying the Standing Committee of Attorneys-General and the Territory. Direct lobbying aimed at establishing an AJAC in Tasmania is continuing.

1996/97 and Beyond

The Attorney-General's Department will continue to convene regular meetings of the NAJAC, possibly three times per year, targeting criminal justice issues which are of concern to indigenous communities.

It is also intended to establish greater community awareness of the role and function ofNAJAC and its member AJACs. NAJAC is expected to have significant involvement in the proposed ministerial summit on Aboriginal Deaths in Custody in 1997.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3168 Facsimile 06 285 3741

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

1995-96 Annual Report 92

Chapter4

MATTERS ARISING FROM THE DEATHS

Family Counselling Program Report

Recommendation 5

Chapter 4-Matters Arising from the Deaths 93

Family Counselling Program Report

Relevant Royal Commission Recommendation

Recommendation 5.

Agency Responsible

Grants were made to the States and the NT by ATSIC.

Description of Program

ATSIC was provided with $1.98m in 1993/94 for financial assistance to the States and the NT for counselling and support to kin and friends of those who have died in custody. These funds were made available on condition that the States and Territory develop and administer family counselling in full consultation with Aboriginal communities.

Implementation 1995/96

Support to Aboriginal and Torres Strait Islander families was provided through the Aboriginal Health Council of SA.

In Victoria the State Department of Human Services and Health has offered counselling to families in the event of a family member dying in custody.

In NSW the Tranby Aboriginal Co-operative College coordinated the holding of a counselling workshop for members of families affected by deaths in custody.

In Queensland the counselling program, which commenced in 1994, continued with three community organisations accepting responsibility of the administration of the program. The program has assisted families through the provision of:

â¢ counselling for families; â¢ the development of accredited training for indigenous counsellors; â¢ headstones for some graves in Brisbane; and â¢ assistance with unveiling ceremonies.

1995-96 Annual Report 94

Counselling services are provided to family members by agencies, where possible after appropriate negotiations with communities and using Aboriginal and Torres Strait Islander organisations.

Outcomes

As a result of an earlier allocation of funds to the Centre for Aboriginal Studies at Curtin University of Technology, counsellor training is now being integrated into the Associate Diploma and degree courses at the University.

In NSW, family members benefited by attending the counselling workshop coordinated by Tranby College.

1996/97 and Beyond

While there has been some progress in relation to family counselling, A TSIC has concerns that States and Territories need to make greater efforts towards ensuring that an appropriate and responsive program is in place to benefit bereaved families.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

Chapter 4-Matters Arising From the Deaths 95

Recommendation 5

That Governments, recognising the trauma and pain suffered by relatives, kin and friends of those who died in custody, give sympathetic support to requests to provide funds or services to enable counselling to be offered to these people.

The Commonwealth responded:

As a result of extensive consultation with Aboriginal communities, the Commonwealth has made available to both States and Territories funds to enable counselling and support to kin and friends of those who have died in custody. These funds have been made available on condition that the States/Territories develop and administer the family counselling in full consultation with Aboriginal communities.

Implementation 1995/96

This recommendation is a matter for the States and Territories-refer to their annual reports for further information, and to the Family Counselling Program Report on the previous two pages.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

1995-96 Annual Report 96

Chapter 5

POST-DEATH INVESTIGATIONS

Recommendations 6, 20, 23-27, 32-33

Chapter 5-Post Death Investigations 97

Recommendation 6

That for the purpose of all recommendations relating to post-death investigations the definition of deaths should include at least the following categories: a) the death wherever occurring of a person who is in prison custody or

police custody or detention as a juvenile; b) the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained or by lack of proper care whilst in such custody or detention; c) the death wherever occurring of a person who dies or is fatally injured

in the process of police or prison officers attempting to detain that person; and d) the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from

prison custody or police custody or juvenile detention. (Royal Commission into Aboriginal Deaths in Custody 1991, p.190).

The Commonwealth responded:

The definition of deaths used at the Commonwealth level will include those situations listed in this recommendation.

Implementation 1995/96

During the 12 month period all police services have applied the Royal Commission Into Aboriginal Deaths In Custody (RCIADIC) definition of a 'death in custody' when supplying statistics to the Australian Institute of Criminology on deaths that have occurred in their jurisdictions. The benefit of this approach by all police services has been that the statistics produced by the Institute are highly consistent.

Negotiations continued with custodial authorities and coroners aimed at maintaining a common approach to defining a death in custody in the terms recommended by the Royal Commission. Relevant information was requested from Aboriginal legal service representatives. In earlier years, A TSIC Commissioners and representatives of Aboriginal legal services had been involved in the negotiations to achieve agreement on the usage of the Royal Commission definition of a 'death in custody' for monitoring purposes.

1995-96 Annual Report 98

Outcomes

The National Deaths in Custody Monitoring and Research Program is operating a uniform national deaths in custody data base. This has been accomplished through the agreement of all police services to adopt the usage of the Royal Commission definition of a 'death in custody'

for monitoring purposes.

1996/97 and Beyond

The National Deaths in Custody Monitoring and Research Program will continue to liaise with all police services in relation to the utilisation of the RCIADIC definition of a ' death in custody'.

Cross References

Recommendation 40

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

Chapter 5-Post-Death Investigations 99

Recommendation 20

That the appropriate Aboriginal Legal Service be notified immediately of any Aboriginal death in custody.

The Commonwealth responded:

The Australian Federal Police (AFP) are responsible for police services at Jervis Bay and in relation to Commonwealth matters generally. The AFP recognises that it is desirable to extend an existing Australian Capital Territory Regional Instruction relevant to this recommendation nationally. Australian Capital Territory laws apply to the Jervis Bay Territory. The

Commonwealth notes that the Australian Capital Territory response to this recommendation provides for its implementation with respect to Adult Corrective Services and Juvenile Justice.

Implementation 1995/96

ACT Regional Instructions and Guidelines, which apply in the Jervis Bay Territory, provide guidelines to AFP members should a death occur in police custody.

Whilst the Instruction and Guidelines do not specify that such notification be immediate, the Aboriginal Legal Service would be notified as soon as practicable. The highest priority for police upon discovering a person apparently dead would be to render first aid.

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

The AFP recently underwent major structural changes. In order to support these changes, the AFP is reviewing guidelines, policies and procedures to reflect the nature of the changes, as well as meeting the needs of the community. The AFP will continue to monitor this recommendation.

1995-96 Annual Report 100

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 256 7777 Facsimile 06 275 7733

Chapter 5-Post-Death Investi gations 101

Recommendation 23

That the family of the deceased be entitled to legal representation at the inquest and that government pay the reasonable costs of such representation through legal aid schemes or otherwise.

The Commonwealth responded:

Legal aid has not normally been granted for representation in coronia/ matters. Th e Commonwealth will provide funding for the representation of families at inquests rela ting to any death in custody. This will be provided through the Office of Legal Aid and Family Services (following

consultation with the States and Territories) and th e Aboriginal Legal Services (ALS) . Th e Commonwealth will increase funds to both ALS and the Office of Legal Aid and Family Services to assist th em to meet this recommendation.

Resources

In 1995/96 the Commonwealth Attorney General 's Department committed funding of$219,000 to cover grants for legal representation at inquests and for legal assistance made in respect of Recommendation 226(g). Each Legal Aid Commission is aware of the provisions of this scheme.

During the 1995/96 fmancial year, Aboriginal and Torres Strait Islander Legal Services received over $31.5 million in grant funding from ATSIC, which included special funding provided as a response to the Royal Commission recommendations .. This special funding is aimed at enhancing the legal services provided to the Aboriginal and Torres Strait Islander communities, including the provision of representation for families at coronia! inquests relating to deaths in custody.

Implementation in 1995/96

All State and Territory Legal Aid Commissions have been advised of the availability of funds to reimburse them for costs incurred, under a grant of legal aid, for the legal representation of family members at an inquest into the death of those who died while in custody.

Aboriginal and Torres Strait Islander Legal Services have provided legal representation to families at relevant inquests.

1995-96 Annual Report 102

Outcomes

Expenditure of $24,731 was incurred in 1994/95 by the Commonwealth Attorney General's Department under the special scheme to provide representation of families at inquests.

Aboriginal and Torres Strait Islander legal services in all States continued to provide assistance to those affected by deaths in custody.

1996/97 and beyond

The special funding to represent indigenous families at inquests administered by the Commonwealth Attorney General's Department is ongoing.

1996/97 will be the final year of the special funding earmarked for ATSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions ofthe ATSIC Board.

Cross References

226(g)

Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3168 Facsimile 06 285 3741

Attorney-General's Department

Telephone 06 250 5602 Facsimile 06 250 5901

Chapter 5-Post-Death Investigations 103

Recommendation 24

That unless the State Coroner or a coroner appointed to conduct the inquiry otherwise directs, investigators conducting inquiries on behalf of the coroner and the staff of the Coroners Office should at all times endeavour to provide such information as is sought by the family of the deceased, the Aboriginal Legal Service and/or lawyers representing the family as to the progress of their investigation and the preparation of the

brief for the inquest. All efforts should be made to provide frank and helpful advice and to do so in a polite and considerate manner. If requested, all efforts should be made to allow family members or their representatives the opportunity to inspect the scene of death .

The Commonwealth responded:

The Australian Federal Police will develop national procedures to implement this recommendation through a designated information officer.

Resources

Unable to determine at this stage.

Implementation 1995/96

ACT Regional Instructions and Guidelines, which apply in the Jervis Bay Territory, provide guidelines to AFP members should a death occur in police custody. AFP ACT Regional Instruction 8/92 (Deaths) was amended in 1992 to provide that where an Aboriginal or Torres Strait Islander dies in custody, the Commissioned Officer in charge of the investigation, in conjunction with the Aboriginal Liaison Officer, will notify the family and the ALS. These officers will also provide requested information to the family and ALS following consultation with the Coroner.

Outside the ACT and the Jervis Bay Territory, a death in AFP custody would be the subject of investigation by State/Territory authorities in accordance with procedures and practices operating in that State/Territory. The ACT Coroners (Amendment) Act (No.2) 1994 was gazetted and came into effect on 11 October 1994. The Act, which also applies in the Jervis Bay Territory, allows families or their representatives the opportunity to inspect the scene of death unless the Coroner believes, on reasonable grounds, that it would not be in the interests of justice to do so.

1995-96 Annual Report 104

The ACT Aboriginal and Torres Strait Islander Advisory Council was consulted in relation to the amendments to the ACT Coroners Act. The Jervis Bay Administration (regional office of the DEST) maintains close relationships with the AFP in the Territory. The issues raised in this

Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee.

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

Cross references

Recommendations 20, 25, 32 and 33

Contact

Australian Federal Police-Malunggang Aboriginal & Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Chapter 5-Post-Death Investigations 105

Recommendation 25

That unless the State Coroner, or a coroner appointed to conduct the inquiry, directs otherwise, and in writing, the family of the deceased or th eir representative should have a right to view the body, to view the scene of death, to have an independent observer at any post-mortem that is authorised to be conducted by the coroner, to engage an independent medical practitioner to be present at the post-mortem or to conduct a further post-mortem, and to receive a copy of the post-mortem report. If

the coroner directs otherwise, a copy of th e direction should be sent to the family c.nd to the Aboriginal Legal Service.

The Commonwealth responded:

Th e Australian Federal Police will amend national procedures to implement this recommendation. Australian Capital Territory laws apply to the Jervis Bay Territory. The Commonwealth notes that the Australian Capital Territory response to this

recommendation provides for its implementation.

Resources

Unable to determine at this stage.

Implementation 1995/96

The ACT Coroners (Amendment) Act (No. 2) 1994 was gazetted and came into effect on 11 October 1994. The Act, which addresses the requirements of the recommendation, also applies in the Jervis Bay Territory. Section 13D provides families or their representatives the opportunity to inspect the scene of death; to view the body; to have a representative present at any post mortem examination; and to have another medical practitioner conduct a further post-mortem, unless the Coroner believes, on reasonable grounds, that it would not be in the interests of justice to do so. Where a Coroner does not give such authorisation, he/she is required to notify, in writing, the person who made the request.

The ACT Aboriginal and Torres Strait Islander Advisory Council was consulted in relation to the amendments to the ACT Coroners Act. The Jervis Bay Administration (regional office ofDEST) maintains close relationships with the AFP in the Territory. The issues raised in this Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee.

1995-96 Annual Report 106

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

Cross references

Recommendations 20, 24, 32 and 33

Contact

Australian Federal Police - Malunggang Aboriginal & Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Chapter 5-Post-Death Investigations 107

Recommendation 26

That as soon as practicable, and not later than forty-eight hours after receiving advice of a death in custody the State Coroner should appoint a solicitor or barrister to assist the coroner who will conduct the inquiry into the death.

The Commonwealth responded:

At Jervis Bay the Commonwealth will make arrangements to ensure that the coroner is assisted by a solicitor or barrister who does not work for the Director of Public Prosecutions. While the Commonwealth has full confidence in the independence of the Office of the Director of Public Prosecutions, it recognises the need to address loss of confidence in the coronia/ system noted by the Royal Commission. Implementation will require an amendment to the Director of Public Prosecutions Act 1983 and the Coroners Act 1956.

Implementation 1995/96

The Commonwealth is responsible for the implementation of the recommendation in the Jervis Bay Territory. It undertook to make arrangements in the Territory to ensure that the Coroner is assisted by a solicitor or barrister who does not work for the Director of Public Prosecutions. While it expressed its full confidence in the independence of the Office of the Director of Public Prosecutions, the Commonwealth recognised the need to address the loss of confidence in the coronia] system noted by the Royal Commission.

Recommendation 26 has been implemented by the Coroners (Amendment) Act 1994(ACT) which commenced on 11 November 1994. The Coroners Act 1956 (ACT), which applies in the Jervis Bay Territory as a law of the Commonwealth, requires Coroners to appoint an independent legal

practitioner to assist in inquiries and inquests into deaths in custody.

The Act does not expressly require the appointment of a legal practitioner within 48 hours. As explained by the ACT Attorney-Generals' Department in its Discussion Paper on its Bill, which was publicly released in 1993, the Coroner's duty to appoint a legal practitioner is required by law to be carried out as soon as is practicable in all the circ*mstances of the particular case. A time limit of 48 hours for the making of such an

appointment would not be practical in every case and it is considered inappropriate to confine a Coroner to such a time limit. The Commonwealth agrees with this flexible approach.

1995-96 Annual Report 108

The Aboriginal community in the Territory was consulted during the preparation of the initial Government response to recommendations 26 and 27 . In finalising the above-mentioned legislation, the ACT Government also consulted extensively with the Aboriginal and Torres Strait Islander

Advisory Committee for the Australian Capital Territory.

Outcomes

Implemented.

1996/97 and Beyond

No further action required as recommendation fully implemented.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5918

Chapter 5-Post-Death Investigation s 109

Recommendation 27

That the person appointed to assist the coroner in the conduct of the inquiry may be a salaried officer of the Crown Law Office or the equivalent office in each State and Territory, provided that the officer so appointed is independent of relevant custodial authorities and officers.

Wh ere, in the opinion of the State Coroner, the complexity of the inquiry or other factors, necessitates the engaging of counsel then the responsible Government office should ensure that counsel is so engaged.

The Commonwealth responded:

This will be implemented by the Commonwealth at Jervis Bay.

Implementation 1995/96

The Commonwealth is responsible for the implementation of this recommendation in the Jervis Bay Territory. The Director of Public Prosecutions Act 1983 (Cth) currently provides the Director of Public Prosecutions with a discretion to assist in inquiries and inquests and does not prevent other legal representatives from being appointed by the Coroner to assist in such proceedings in accordance with Recommendation 26 . The Act in its current form allows an officer from the Commonwealth Director of Public Prosecutions to be appointed where the Coroner considers that the special circ*mstances of a case warrant that individual officer's appointment. The Aboriginal community in the ACT was consulted during the preparation of the initial Government response to Recommendation 27.

Outcomes and 1996/97 and Beyond

Outcomes impl emented and no further action required as recommendation fully implemented.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5918

1995-96 Annual Report 110

Recommendation 32

That the selection of the officer-in-charge of th e police investigation into a death in custody be made by an officer of Chief Commissioner, Deputy Commissioner or Assistant Commissioner rank.

The Commonwealth responded:

The Commonwealth, through the Australian Federal Police will implement this recommendation by an amendment to the relevant procedures for Jervis Bay and nationally on selection of investigating officer of a death in custody.

Implementation 1995/96

ACT Regional Instructions and Guidelines, which apply in the Jervis Bay Territory, provide guidelines to AFP members should a death occur in police custody. Outside of the ACT and Jervis Bay the responsibility for coronial investigations is a matter for the State\ Territory Police. In the event of a death in custody in the ACT or Jervis Bay, the selection of the officer in charge of the police investigation into the death, would be the OIC of the ACT Crime Division, as directed by the Assistant Commissioner of the ACT.

The Officer in Charge of the Crime Division would consult with the Aboriginal community on the deployment of police to investigate such a death to ensure that the community feels comfortable with and has confidence in the investigators. The investigators would be drawn from the Crime Division or, if necessary, from another division of the AFP which is also independent of the division responsible for custodial duties.

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

Chapter 5-Post-Death Investigations Ill

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 20, 24, 25 and 33

Contact

Australian Federal Police-Malunggang Aboriginal & Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

1995-96 Annual Report 112

Recommendation 33

That all officers involved in the investigation of a death in police custody be selected from an Internal Affairs Unit, or from a police command area other than that in which the death occurred, and in every respect should be as independent as possible from police officers concerned with matters under investigation. Police officers who were on duty during the time of last detention of a person who died in custody should take no part in the investigation into that death save as witnesses, or where necessary, for the purpose of preserving the scene of the death.

The Commonwealth responded:

The Australian Federal Police (AFP) are responsible for police services at Jervis Bay and in relation to Commonwealth matters generally. The AFP has substantially implemented this recommendation (Australian Capital Territory Regional Instruction 4/91 , paras 21 and 23 and General Instructions 20, para 31) and will ensure full implementation following

completion of a review of relevant legislation.

Resources

Unable to determine at this stage.

Implementation 1995/96

Pursuant to paragraph 25 of ACT Regional Instruction 8/92 (Deaths), such an investigation would be directed by the OIC Crime Division who is not part of the division responsible for custodial duties in either the ACT or the Jervis Bay Territory. In addition, he/she is required to advise the OIC of the AFP's Internal Investigation Division (IID) of the death at the outset of the investigation. The role of the liD would be to oversee the investigation.

The investigators would be drawn from the Crime Division or, if necessary, from another division of the AFP which is also independent of the division responsible for custodial duties.

Chapter 5-Post-Death Investigations 113

AFP General Instruction 20 (Deaths) requires that deaths outside the ACT be referred to the State/Territory Police. State/Territory Police would clearly be "independent" from AFP officers concerned with matters under investigation. Any AFP member present at the scene would be required to preserve the

scene until the arrival of State or Territory Police and to afford such assistance to State/Territory Police as may be requested.

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

Cross references

Recommendations 20, 24, 25 and 32

Contact

Australian Federal Police - Malunggang Aboriginal & Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

1995-96 Annual Report 114

Chapter 6

STATISTICS AND RELATED RESEARCH ON ABORIGINAL DEATHS IN CUSTODY

Program conducted by the Australian Institute of Criminology

Recommendations 40-47

Chapter 6-Statistics and related research on Aboriginal deaths in Custody 115

Statistics And Related Research On Aboriginal Deaths In Custody Conducted By The Australian Institute Of Criminology

Relevant Royal Commission Recommendations

Recommendations 40-4 7

Resources

$94,424

Description of Program

The program has two interrelated components: monitoring deaths in custody and understanding patterns and trends in the use of police custody through the National Police Custody Survey program. Both elements provide indicators of the success or otherwise of action taken to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

Through this program, the Australian Institute of Criminology (AI C) nationally monitors Aboriginal, Torres Strait Islander and non Aboriginal/non-Torres Strait Islander deaths in prison, police custody and juvenile detention. This covers all deaths which meet the definition of a

death in custody set out in the Royal Commission's Recommendation 41, namely:

(i) the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile; (ii) the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained,

or by lack of proper care whilst in such custody or detention; (iii) the death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers

attempting to detain that person; and (iv) the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police

custody or juvenile detention.

1995-96 Annual Report 116

The products of the monitoring process include regular publications and other methods of communicating information which can be used by criminal justice system policy makers and managers, the media and community organisations to better understand and prevent custodial

deaths.

Implementation 1995/96

During the year, AIC staff responsible for this program maintained close links with the State and Territory coroners and police, corrections and juvenile justice authorities, as well as community groups. Data on the deaths in custody which occurred during the year were collected, and gaps

in information previously collected were progressively filled. Negotiations with custodial authorities and coroners were conducted with the aim of maintaining a common approach to defining a death in custody in the terms recommended by the Royal Commission. As a result of these negotiations, a uniform deaths in custody data base has been established nationally.

A study of the operation of the coronia! system in Victoria was undertaken with the aim of better understanding how the Royal Commission's recommendations about post-death investigations were being implemented. The study focused primarily on how the coroners use their powers to make recommendations aiming at preventing future deaths.The results of the deaths in custody monitoring and research were widely disseminated. Data collection for the Third National Police Custody Survey was conducted in

August 1995. Coding and data entry was completed and data analysis initiated. Topline findings were provided to each police service to review and comment upon as part of the process of preparing a comprehensive survey report. Monitoring deaths in custody was undertaken co-operatively with corrections authorities, police, juvenile justice agencies and the State

and Territory coroners.

Copies of all research reports from the program were widely distributed, particularly to the custodial authorities, the media, Aboriginal and Torres Strait Islander Legal Services, Aboriginal Health Services, through the ATSIC network and to a range of other community and government

groups. Information relevant to particular research projects was obtained, as required, through Indigenous organizations and others.

Chapter 6-Statistics and Re lated Research on Aboriginal deaths in Custody 117

Outcomes

Over the four years that the National Deaths in Custody Monitoring and Research Program has been operating, a uniform national deaths in custody data base has been established.

Regular six-monthly reports on the number of deaths in custody and patterns, trends observed, were developed from a data base and widely distributed. These covered the 1994 calendar year, the 1994/95 financial year and the 1995 calendar year. In addition, the products of two separate studies re lated to the prevention of custodial deaths were published.

Two papers were published on the preventive potential of the coronia! processes5 and one which explored the complex patterns of custodial deaths in detainees with differing characteristics. 6

A high degree of commonality of approach in data collection concerning police, prison and juvenile justice custody was established. The primary benefit is the consistency in statistics now being produced in these areas by the Institute. As a result of discussions at the Australasian Police Ministers ' Conference the police services now accept that the time series used by the AIC provides an accurate picture of trends in deaths in custody.

The research program demonstrated the continuing over-representation of Aboriginal people in the deaths in custody statistics (compared with the number of Aboriginal people in the Australian population). They have highlighted the disturbing increase in Aboriginal deaths in Australian prisons: The thirteen deaths in the year under review is the highest number in any of the sixteen years for which national data is available.

Access and equity policy objectives were achieved through the regular production of statistics and other research information on the nature of the custodial populations, and information on the people who died in custody. These data also demonstrated the extreme level of over-representation of Aboriginal women and young people in custody, compared with non Aboriginal women and young people. In doing so, they provided

5 B. Hal stead, 'Coroners' Recommendations and th e Preventi on of Death s in Custody: A Victori an Case Study', Deaths in Custody Australia, No. 10, AIC, Canb etTa, 1995 and B. Halstead, 'Im plementing Coroners ' Death s in C ustody Recommendati ons: A Vi ctori an Case Study', Cu rrent Issues in Criminal Ju stice (1 996) 7 (3) :340-3 55.

6 S. Morrison, 'Custodial Suicide in Au stralia: A Comparati ve Study of Different Populations', Med. Sci. Law (1996) 36 (2): 167- 177.

1995-96 Annual Report 118

information to planners and the public which helped evaluate the effectiveness of Royal Commission recommendations concerned with reducing these disparities.

The AIC contributed a major chapter in each of the Government's previous reports in this series. In doing so, it fulfilled the Commonwealth's undertaking to present, to the Commonwealth Parliament, an annual report on trends in the incarceration of Aboriginal and Torres Strait Islander people and in deaths in custody.

1996/97 and Beyond

This program has now been firmly established as part of the core work of the Australian Institute of Criminology. Regular six-monthly reports on deaths in custody will be prepared and widely distributed. Detailed findings from the 1995 National Police Custody Survey will be published in 1996/97 and planning will commence during that year for the fourth national survey of people in police custody which is expected to be conducted in August 1997. The Institute's work in collating and disseminating information on the populations in prison and juvenile detention will continue. In each case, they will include details on the levels of over-representation of Aboriginal and Torres Strait Islander people in the custodial populations. An Annual Report on patterns and trends in

deaths in custody and the incarceration of Aboriginal and Torres Strait Islander people will be presented to the Commonwealth Parliament each year in accordance with Recommendation 41 (b).

Reference to Departmental Policy and Program Initiatives

The work of this program is one of the high priority, core activities of the AIC. Its implementation is tied to the mission ofthe Institute which (as set out in the AIC's Corporate Plan) is to provide quality information and to conduct objective, policy-oriented research, so as to inform government decisions related to the promotion of justice and the prevention of crime. The deaths in custody and national police custody survey work is conducted within the Research Program of the Institute which has the overall aim of undertaking objective research on the criminal justice

system and on the extent, nature and prevention of crime in Australia, in order to provide timely, policy-relevant advice to the Commonwealth and other key clients.

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 119

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

1995-96 Annual Report 120

Recommendation 40

That Coroners Offices in all States and Territories establish and maintain a uniform data base to record details of Aboriginal and non-Aboriginal deaths in custody and liaise with the Australian Institute of Criminology and such other bodies as may be authorised to compile and maintain

records of Aboriginal deaths in custody in Australia.

The Commonwealth responded:

This task is seen as central to the Australian Institute of Criminology's National Deaths In Custody Monitoring and Research Unit work. It is envisaged tha t any such data relating to Jervis Bay will be collected by the Australian Capital Territory Coroner 's Office.

Resources

See program report.

Implementation 1995/96

As reported in previous years a high degree of commonality has been produced in the way that the States and Territories report data on deaths in custody to the Australian Institute of Criminology (AIC). On this basis, this recommendation is fully implemented insofar as it relates to the AIC's national deaths in custody data collection process. Unfortunately no commonality exists between the various State and Territory coronial

informati on systems.

When the National Deaths in Custody Monitoring and Research Program was established, negotiations took place with Indigenous organisations as to its meth od of operating. Since then, close co-operation has been maintained with such organisations, especially the Aboriginal and Torres

Strait Islander Legal Services and the Deaths in Custody Watch Committees. In a similar way, negotiations between the AIC and all police, corrections, juvenile justice and coronial authorities continue to be conducted as a basis of co-operatively implementing the program.

Chapter 6-Stati stics and Related Research on Aboriginal deaths in Custody 12 1

Outcomes

A clear outcome of the success of implementing this recommendation is the continuing publication of reports in the Deaths in Custody Australia series. Details are at Recommendation 41.

The papers were based upon the uniform data base on deaths in custody that the AIC has developed using data from custodial authorities, coroners and other sources. During the year advances were made by the Australian Coroners' Society in developing the framework for a National Coronia! Information System.

Data on deaths in custody wi ll be a significant part of this system if the resources are provided by the key users to allow it to be fully implemented.

Two papers were published from a study of the processes and potentials of coroners' recommendations as tools to prevent the occurrence of future custodial deaths. These papers conclude that much more is to be gained from coroners having a deep understanding of the recommendations in particular areas such as deaths in custody, made by fellow coroners. They also point to the need for systematic implementation of the Royal Commission's recommendations covering the processes by which governments should respond to coroners' recommendations.

1996/97 and Beyond

Monitoring deaths in custody has become a core component of the work of the Australian Institute of Criminology. It will continue in 1996/97 and beyond, operating on a co-operative basis with custodial authorities, coroners and Indigenous organisations.

Cross References

Recommendations 41 and 46

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

1995-96 Annual Report 122

Recommendation 41

That statistics and other information on Aboriginal and non-Aboriginal deaths in prison, police custody and juvenile detention centres, and related matters, be monitored nationally on an ongoing basis. I suggest that responsibility for this be established within the Australian Institute of

Criminology and that all custodial agencies cooperate with the Institute to enable it to carry out the responsibility. The responsibility should include at least the following functions:

a) maintain a statistical data base relating to deaths in custody of Aboriginal and non-Aboriginal persons (distinguishing Aboriginal people from Torres Strait Islanders) ; b) report annually to the Commonwealth Parliament; and c) negotiate with all custodial agencies with a view to formulating a

nationally agreed standard form of statistical input and a standard definition of deaths in custody. Such definition should include at least the following categories:

i) the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile; ii) the death, wherever occurring, of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper

care whilst in such custody or detention; iii) the death, wherever occurring, of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and iv) the death wherever occurring of a person who dies or is fatally injured

in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention.

The Commonwealth responded:

The Commonwealth, through the Australian Institute of Criminology (AIC) , is implementing this recommendation through the AIC Aboriginal Deaths in Custody Monitoring and Research Unit. The AIC will use its extensive contacts with police, prison and juvenile justice authorities to

obtain the cooperation that will be essential for the success of the initiative.

Resources

See program report.

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 123

Implementation 1995/96

The Australian Institute of Criminology (AI C) continues to be responsible for implementing this recommendation and does so as one of the core activities of its criminal justice system research program. All deaths in custody of both Indigenous and non-Indigenous people are monitored. The recommended definition is applied systematically to determine whether or not to treat a particular death as a 'death in custody' for purposes of national monitoring. There were no cases in 1995/96 where disputes as to whether or not a death was a 'death in custody' (as per the recommendation) had to be decided through the agreed-upon disputes adjudicating process.

Although custodial deaths of women and young people are rare, the monitoring system provides information on such deaths.

When the National Deaths in Custody Monitoring and Research Program was established, negotiations took place with Indigenous organisations as to its method of operating. Since then, close co-operation has been maintained with such organisations, especially the Aboriginal and Torres

Strait Islander Legal Services and the Deaths in Custody Watch Committees. In a similar way, negotiations between the AJC and all police, corrections, juvenile justice and coronia! authorities continue to be conducted as a basis of co-operatively implementing the program. This is particularly important for the maintenance of a consistent application of the definition of a death in custody set out in this recommendation.

Outcomes

By the end of the reporting period, twelve reports had been produced by the AIC's National Deaths in Custody Monitoring and Research Program, including six-monthly up-dates on patterns and trends in deaths in custody and the reports of studies focusing in specific areas. The reports released during the year were as follows:

â¢ Australian Deaths in Custody and in Custody-related Police Operations, 1994 (released September 1995) â¢ Coroners' Recommendations and the Prevention of Deaths in Custody: A Victorian Case Study (released November 1995) â¢ Australian Deaths in Custody and in Custody-related Police

Operations, 1994-95 (released December 1995)

1995-96 Annual Report 124

â¢ Australian Deaths in Custody and in Custody-related Police Operations, 1995 (released May 1996)

Unfortunately, as detailed in the AIC's chapter in this report, the 1995/96 year saw a continuing high level of Aboriginal deaths in custody (no Torres Strait Islanders were reported to have died in custody during the year). The monitoring process has continued to highlight this, especially the fact that the number of deaths of Aboriginal people in Australian

prisons is now at the highest level recorded. The mass media and other communications channels have been utilised to further publicize the actions needed to reduce the number of custodial deaths throughout the nation.

The AIC implemented part (b) of the recommendation (reporting annually to the Commonwealth Parliament) through its chapter in last year's report in this series: Atkinson L., Dagger D., Dalton V., Halstead B., McDonald D. & Mukherjee S., 'Trends in Aboriginal and Torres Strait Islander Deaths in Custody and Incarceration', in Implementation of the

Commonwealth Government Responses to the Recommendations of the Royal Commission into Aboriginal Deaths in Custody: Annual Report 1994-95, Aboriginal and Torres Strait Islander Commission, Canberra, 1996, pp. 1-56.

1996/97 and Beyond

The implementation of this recommendation will continue in 1996/97 and beyond as a part ofthe core activities of the AIC. It will include the regular production and wide dissemination of information on deaths in custody and related matters. A major emphasis of the research reports will continue

to be trends in the deaths of Aboriginal and Torres Strait Islander people in custody. The current emphasis on action needed to reduce the number of deaths will continue.

Cross references

Recommendations 40 and 46.

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 125

Recommendation 42

That Governments require the provision of and publish, on a regular and frequent basis, detailed information on the numbers and details of the people passing through their police cells.

The Commonwealth responded:

The conduct of periodic surveys of persons held in police custody has already commenced in association with the Australian Police Ministers' Council. This information will be supplied to the Aboriginal and Torres Strait Islander Commission, together with other survey material and will also be published.

Resources

See program report.

Implementation 1995/96

Although data collection in this area is a matter for the States and Territories which provide policing services, the Australian Institute of Criminology (AIC) was also active in this area. As detailed in the report on Recommendation 43 , the Third National Police Custody Survey was conducted by the AIC and the eight State and Territory police services in August 1995. Reports on the survey will be released during 1996/97.

Indigenous organisations have been invited to comment on the infom1ation produced by earlier surveys in this research program and are provided with data and interpretations when requested. Many made use of the data from the previous surveys in their research and lobbying activities.

Outcomes

See Recommendation 43.

1996/97 and Beyond

The National Police Custody Survey program will continue as detailed in Recommendation 43 .

1995-96 Annual Report 126

Cross references

Recommendations 43 , 44 and 45 .

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

Chapter 6-Statistics and Related Research on Aboriginal death s in Custody 127

Recommendation 43

That a survey such as the 1988 National Police Custody Survey be conducted at regular intervals of, say, two to five years, with the aim of systematically monitoring and evaluating the degree to which needed improvements in legislation, attitudes, policies and procedures that affect police custody are implemented.

The Commonwealth responded:

The conduct of periodic National Police Custody Surveys is part of the work load of the Aboriginal Deaths in Custody Monitoring and Research Unit of the Australian Institute of Criminology.

Resources

See program report.

Implementation 1995/96

In August 1995, the Australian Institute of Criminology (AI C), in co operation with the eight State and Territory police services, conducted the Third National Police Custody Survey. Data were collected on each instance of a person being held in police cells anywhere in Australia during that month. Information on the sex and age of detainees was collected to enable analyses of the patterns of custody of women and young people to be better understood. A preliminary data analysis was completed and topline findings provided to the police services for comment.

Indigenous organisations have been invited to comment on the information produced by earlier surveys in this research program and are provided with data and interpretations when requested. Many made use of the data from the previous surveys in their research and lobbying activities.

Outcomes

Highlights of the survey are set out in the Australian Institute of Criminology's chapter in this report (cross reference). It showed that, in August 1995, 6,768 Indigenous people were taken into police custody and held in the cells. This represents 31% of all occasions of custody even though Indigenous people make up less than two% of the Australian population.

1995-96 Annual Report 128

While the number oflndigenous people detained in the cells was six% fewer than in the previous (1992) survey, the proportion that was Indigenous rose marginally (from 28.6% to 30.7%). The national rate of police custody of Indigenous people in August 1995 was 27 times that of non-Indigenous people, a level of over-representation

similar to that observed in the 1988 and 1992 surveys.

1996/97 and Beyond

The Institute plans to fully report the findings of the 1995 National Police Custody Survey during 1996/97. It hopes that the wide dissemination of the findings will continue to produce beneficial outcomes in terms of police services, politicians, community organisations and the public being

more aware of the patterns and trends in police custody, particularly those involving Indigenous people.

The new data from the National Police Custody Survey program will provide important indicators of the degree to which Australia's police services have implemented the Royal Commission's Recommendation 87 (a), which states that 'all Police Services should adopt and apply the

principle of arrest being the sanction of last resort' .

Cross References

Recommendations 42, 44 and 45.

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 129

Recommendation 44

That the Australian Institute of Criminology coordinate and implement the recommended series of national surveys. The experience of the first national survey points to the fact that careful planning with all the relevant authorities will be needed to ensure that the maximum amount of useful information is derived from the surveys.

The Commonwealth responded:

The conduct of periodic National Police Custody Surveys is part of the workload of the Aboriginal Deaths in Custody Monitoring and Research Unit of the Australian Institute of Criminology.

Resources

See program report.

Implementation 1995/96

See Recommendation 43.

Outcomes

See Recommendation 43 .

1996/97 and Beyond

See Recommendation 42.

Cross References

Recommendations 42,43 and 45.

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

1995-96 Annual Report 130

Recommendation 45

That the appropriate Ministerial Councils strive to achieve a commonality of approach in data collections concerning both police and prison custody.

The Commonwealth responded:

The Australian Institute of Criminology is actively assisting the achievement of this goal through the Aboriginal Deaths in Custody Monitoring and Research Unit as well as through other bodies such as the National Correctional Statistics Committee.

Resources

See program report.

Implementation in 1995/96

Maintaining a high degree of commonality is a priority for the effective conducting of the National Police Custody Survey research program described under Recommendation 43.

From 1 July 1995 the Australian Bureau of Statistics (ABS) has been responsible for the collection and dissemination of basic data on imprisonment; this includes applying consistent data collection methods. The Australian Institute of Criminology (AI C) has continued its role of

analysing and interpreting correctional data and publishing the results of those analyses. Negotiation between the AIC, ABS and custodial authorities continues to ensure data quality.

Outcomes

The work of the AIC over many years has led to Australia having a long series of consistent data on the custodial populations. The AIC and the ABS are now carrying this work forward in a collaborative manner.

1996/97 and Beyond

The ABS will continue to collect and publish basic data on Australia's prison population. It will be supplemented by data collected by the AIC in the areas ofpolice custody and juveniles in detention, and by the AIC's work in analysing and interpreting data from diverse sources.

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 131

Cross references

Recommendations 40-44, 46, 47 and 115 .

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 920 1

1995-96 Annual Report 132

Recommendation 46

That the national deaths in custody surveys which I have recommended be undertaken by the Australian Institute of Criminology include the establishment of uniform procedures and methodologies which would not only enhance the state of knowledge in this area but also facilitate the

making of comparisons between Australian and other jurisdictions, and facilitate communication of research findings.

The Commonwealth responded:

One of the tasks of the Aboriginal Deaths in Custody Monitoring and Research Un it within the Australian Institute of Criminology (AIC) will be to extend and improve upon the research paper 'International Review of Deaths in Custody' (Royal Commission into Aboriginal Deaths in Custody, p.l5). It is anticipated that th e United Nations will take an interest in this

subj ect in the future, and th erefore the formal AIC affiliation with the United Na tions will be helpful.

1994-95 Report: Substantial advances are detailed under Recommendation 41 . The AIC 's regular reports present data on the number of deaths in custody on a State-by-State basis, facilitating comparisons between jurisdictions. International data on deaths in custody

are also being collated to facilitate comparisons between Australia and other nations.

Resources

See program report.

Implementation 1995/96

The work of the Australian Institute of Criminology (AIC) in monitoring deaths in custody is described under Recommendation 41 . The information from that program include regular state-by-state comparisons of the incidence of deaths in custody. See Recommendation 41 .

Outcomes

See Recommendation 41. Australia is the only nation that routinely publishes credible data on all deaths in police, prison and juvenile detention and in police operations where police are attempting to detain a person.

Chapter 6-Statistics and Rel ated Re search on Aboriginal death s in Custody 133

The ready availability and high quality of these data facilitate the drawing of international comparisons.

1996/97 and Beyond

See Recommendation 41.

Cross references

Recommendation 41 .

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

1995-96 Annual Report 134

Recommendation 47

That relevant Ministers report annually to their State and Territory Parliaments as to the numbers of persons held in police, prison and juvenile centre custody with statistical details as to the legal status of the persons so held (for example, on arrest; on remand for trial; on remand

for sentence; sentenced; for fine default or on other warrant; for breach of non-custodial court orders; protective custody or as the case may be), including whether the persons detained were or were not Aboriginal or Torres Strait Islander people.

The Commonwealth responded:

The Aboriginal Deaths in Custody Monitoring and Research Unit within the Australian Institute of Criminology will cooperate in providing State and Territory Ministers with the specified data on the use ofcustody in each jurisdiction. Reports on the data will be tabled in the Commonwealth

Parliament.

Resources

See program report.

Implementation 1995/96

This recommendation is that information be made available, through reports tabled in the State and Territory Parliaments, as to the number of people held in custody and including key characteristics about those people. During the year under review, the Australian Institute of

Criminology (AIC) has been active in collating and disseminating information about people in custody. This information has been provided to the State and Territory Governments (who are the original sources of the data, in most cases) for them to use for a range of purposes. The data that have been collated, analysed, published and widely disseminated include people in prison, people in police custody and people in juvenile detention.

In each case, emphasis has been placed on the numbers of Aboriginal and Torres Strait Islander peoples highlighting the disturbing level of over representation of Australia's Indigenous people in these custodial settings. The AIC has been conducting A TSIC-comrnissioned research, in

conjunction with the Institute of Criminology at the University of Sydney, with the aim of better understanding the reasons for the continuing over representation oflndigenous people in custody and identifying remedial action needed.

Chapter 6-Statistics and Related Research on Aboriginal deaths in Custody 135

The data collection process is conducted co -operatively with the providers ofthe data (generally State and Territory custodial authorities) and with key users of the research findings, including a range of Indigenous organisations active in the justice area.

Outcomes

As well as being provided through the regular publications of the AIC, information about people needed in custody nationally is provided in Trends in Aboriginal and Torres Strait Islander Deaths in Custody and Incarceration 1995196 elsewhere in this report (cross reference). The data

found there are useful indicators of the degree to which the State and Territory Governments are successful in implementing Recommendations 87 and 92 which require Governments to use arrest and imprisonment as sanctions of last resort.

Such reports are important in terms of access and equity considerations as they also include details of the involvement of young people and women in the criminal justice system generally and among the custodial population specifically.

1996/97 and Beyond

During the 1996/97 year the work in this area will be continued. As well as the production of regular publications covering people in custody, the AIC will include a discussion of trends in this area in the 1996/97 Annual Report on the implementation of the recommendations of the Royal Commission which, like this report, will be tabled in the Commonwealth Parliament. ATSIC will release the report on th e study of the over representation of Aboriginal people in custody which has been conducted jointly by the AIC and Sydney University's Institute of Criminology.

Cross references

Recommendations 42- 46.

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

1995-96 Annu al Report 136

Chapter 7

DIVERSION FROM

POLICE CUSTODY

Recommendations 80-81, 85-90

Chapter 7-Diversion from Police Custody 137

Recommendation 80

That the abolition of the offence of drunkenness should be accompanied by adequately funded programs to establish and maintain non-custodial facilities for the care and treatment of intoxicated persons.

The Commonwealth responded:

While the main responsibility for this recommendation is with the States and Territories, the Commonwealth will seek to work with the States and Territvries to ensure that facilities are available. In particular, the Commonwealth will discuss with the Australian Capital Territory Government strategies for implementing this recommendation in Jervis Bay.

Resources

Commonwealth Department of Health and Family Services. Recurrent funding was provided under the substance misuse program for residential rehabilitation facilities and counselling services at residential rehabilitation facilities. It is not possible to separately identify funds provided to residential rehabilitation programs.

Implementation 1995/96

Ongoing recurrent funding has been provided to a number of organisations to operate alcohol rehabilitation programs in non-custodial residential facilities. All community controlled organisations are consulted on all aspects of the program.

Outcomes

Funds are provided to 80 Aboriginal and Torres Strait Islander community controlled organisations to provide specified outcomes in relation to substance misuse.

1996/97 and Beyond

Continued funding of current services offering residential rehabilitation programs. Greater focus on outcomes to be delivered by community controlled substance misuse organisations including consideration through the review of the current substance misuse program of the best models of service delivery.

1995-96 Annual Report 138

Cross references

Recommendations 28 3, 285, 286 and the Alcohol and Substance Abuse Prevention Program Report.

Contact

Department of Health and Family Services

Telephone 06 289 8125 Facsimile 06 289 4070

Chapter 7 - Diversion from Poli ce Custody 139

Recommendation 81

That legislation decriminalising drunkenness should place a statutory duty upon police to consider and utilise alternatives to the detention of intoxicated persons in police cells. Alternatives should include the options of taking the intoxicated person home or to a facility established for the care of intoxicated persons.

The Commonwealth responded:

The Commonwealth will discuss with the Australian Capital Territory Government strategies for implementing this recommendation at Jervis Bay.

Resources

As secretariat to the recently established Aboriginal Justice Advisory Committee for the Jervis Bay Territory (as outlined below), DEST was responsible for meeting expenditure related to the activities of the Committee. Funding options were investigated for the employment of an Aboriginal Liaison Officer for the Jervis Bay Territory in 1996/97.

Implementation 1995/96

ACT legislation applies in the Jervis Bay Territory. Standards under the Intoxicated Persons (Care and Protection) Act I 994 (ACT) were gazetted on 22 August 1995 . This Act enables police officers to use their discretion in the treatment of intoxicated people, eg. driving them home rather than

detaining them.

A meeting between the Wreck Bay Aboriginal Community Council (WBACC), the ACT Chief Magistrate and representatives of the Department of the Environment, Sport and Territories (DEST) Regional Office, the Australian Federal Police (AFP), Australian Nature Conservation Agency (ANCA) and the ACT Alcohol and Drug Service was held in the Jervis Bay Territory on 10 October 1995 to discuss implementation of this recommendation. It was decided that an Aboriginal Justice Advisory Committee be established in line with Recommendation 2.

1995-96 Annual Report 140

The AFP agreed to investigate the possibility of employing a part time Aboriginal Liaison Officer at Wreck Bay. The Officer would help foster greater understanding and co-operation between Police and the Wreck Bay community, assist Police in dealings with the Aboriginal community and vice versa.

As members of the Aboriginal Justice Advisory Committee, the Wreck Bay Aboriginal Community Council have been closely involved in the implementation of this recommendation.

In particular, considerable negotiation has taken place between the AFP and the WBACC with regard to the establishment of an Aboriginal Liaison Officer.

Outcomes

â¢ Establishment of an Aboriginal Justice Advisory Committee for the Jervis Bay Territory; â¢ The decision to appoint an Aboriginal Liaison Officer.

1996/97 and Beyond

The development of appropriate care and treatment for intoxicated persons, in appropriate alternative accommodation, in association with the AFP and the WBACC. The appointment of an Aboriginal Li aison Officer for the Territory. In 1996/97 the Committee has determined it will develop

procedures to monitor its progress and evaluate its effectiveness.

Contact

Department Environment, Sport and Territories

Telephone 06 274 1882 Facsimile 06 274 1356

Chapter 7- Diversion from Police Custody 141

Recommendation 85

That: a) Police Services should monitor the effect of legislation which decriminalises drunkenness with a view to ensuring that people detained by police officers are not being detained in police cells when

they should more appropriately have been taken to alternative places of care; b) the effect of such legislation should be monitored to ensure that persons who would otherwise have been apprehended for drunkenness

are not, instead, being arrested and charged with other minor offences. Such monitoring should also assess differences in police practices between urban and rural areas; and c) the results of such monitoring of the implementation of the

decriminalisation of drunkenness should be made public.

The Commonwealth responded:

Drunkenness in a public place was decriminalised in the Australian Capital Territory in 1983 and this extends to th e Jervis Bay Territory. Section 351 Crim es Act 1900 (NSW) as applied in the Australian Capital Territory, allows protective custody until the person ceases to be drunk or for eight hours after being taken into custody, whatever occurs first. This

can be done in the absence of any other appropriate place to take intoxicated persons. If there is any doubt as to the health and well being of th e intoxicated person, they are placed in the care of the medical authorities. The Australian Federal Police will monitor the legislation and make the results public.

Resources

Implementation 1995/96

ACT legislation applies in the Jervis Bay Territory. Standards under the Intoxicated Persons (Care and Protection) Act 1994 (ACT) were gazetted on 22 August 1995. This Act enables police officers to use their discretion

1995-96 Annual Report 142

in the treatment of intoxicated people, eg. driving them home rather than detaining them. A meeting between the Wreck Bay Aboriginal Community Council (WBACC), the ACT Chief Magistrate and representatives of the Department of the Environment, Sport and Territories (DEST) Regional

Office, the Australian Federal Police (AFP), Australian Nature Conservation Agency (ANCA) and the ACT Alcohol and Drug Service was held in the Jervis Bay Territory on 10 October 1995 to discuss implementation of this recommendation. It was decided that an Aboriginal Justice Advisory Committee be established in line with Recommendation 2.

investigate the possibility of employing a part time Aboriginal Liaison Officer at Wreck Bay. The Officer would help foster greater understanding and co-operation between Police and the Wreck Bay community, assist Police in dealings with the Aboriginal community and vice versa. As

members of the Aboriginal Justice Advisory Committee, the Wreck Bay Aboriginal Community Council have been closely involved in the implementation of this recommendation. In particular, considerable negotiation has taken place between the AFP and the WBACC regarding the establishment of an Aboriginal Liaison Officer.

Outcomes

â¢ Establishment of an Aboriginal Justice Advisory Committee for the Jervis Bay Territory. â¢ The decision to appoint an Aboriginal Liaison Officer.

1996/97 and Beyond

The development of appropriate care and treatment for intoxicated persons, in appropriate alternative accommodation, in association with the AFP and the WBACC. The appointment of an Aboriginal Liaison Officer for the Territory. In 1996/97 the Committee has determined it will develop procedures to monitor its progress and evaluate its effectiveness.

Chapter 7 - Diversion from Police Custody 143

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 144

Recommendation 86

That: a) the use of offensive language in circ*mstances of interventions initiated by police should not normally be occasion for arrest or charge; and

b) Police Services should examine and monitor the use of offensive language charges.

The Commonwealth responded:

The Australian Federal Police (AFP) already comply with the recommendation in relation to arrest and charging for offensive language. In addition, the Commonwealth Director of Public Prosecutions filters out inappropriate charges of offensive language in the exercise of prosecutorial discretion.

The AFP notes that recent court decisions have effectively restricted the use of these charges in the Australian Capital Territory and Jervis Bay. While the AFP does its own monitoring of charging, these charges are also closely monitored by the courts. Formalisation of the monitoring would be

more appropriate at the court level, rather than by the police.

Resources

Unable to determine at this stage.

Implementation 1995/96

There is no specific offence of offensive language in the ACT or the Jervis Bay Territory, although such language may constitute offensive behaviour. However, unless other members of the public are present and are offended by the language, police would not usually prefer a charge of offensive behaviour

in respect of the offensive language.

Whilst there are no internal guidelines or instructions which require compliance with this recommendation, AFP members are aware of the Prosecution Policy and Guidelines of the Director of Public Prosecutions which require, inter alia, that the prospects of obtaining a conviction be

assessed.

If this assessment leads the prosecutor to conclude that there are reasonable prospects of a conviction, consideration must then be given to whether it is in the interests of the public that the prosecution proceed.

Chapter 7 -Diversion from Police Custody 145

Factors to be considered in determining whether prosecution is in the public interest include the seriousness or, conversely, the triviality of the alleged offence; any mitigating or aggravating circ*mstances; the youth, age, intelligence, physical health, mental or special infirmity of the alleged offender or victim; the antecedents and background of the alleged offender; the availability and efficacy of any alternatives to prosecution; whether the alleged offence is of considerable public concern; and the likely length and expense of a trial.

Offensive language is not considered an offence between the Jervis Bay police and the local Wreck Bay community.

Outcomes

No incidents were recorded in 95/96 period involving complaints from the local Wreck Bay community or other members of the public.

1996/97 and Beyond

No comment provided.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 146

Recommendation 87

That: a) all Police Services should adopt and apply the principle of arrest being the sanction of last resort in dealing with offenders; b) police administrators should train and instruct police officers

accordingly and should closely check that this principle is carried out in practice; c) administrators of Police Services should take a more active role in ensuring police compliance with directives, guidelines and rules aimed

at reducing unnecessary custodies and should review practices and procedures relevant to the use of arrest or process by summons and in particular should take account of the following matters:

i) all possible steps should be taken to ensure that allowances paid to police officers do not operate as an incentive to increase the number of arrests; ii) a statistical data base should be established for monitoring the use of

summons and arrest procedures on a State-wide basis noting the utilisation of such procedures, in particular divisions and stations; iii) the role of supervisors should be examined and, where necessary, strengthened to providefor the overseeing of the appropriateness of

arrest practices by police officers; iv) efficiency and promotion criteria should be reviewed to ensure that advantage does not accrue to individuals or to police stations as a result of the frequency of making charges or arrests; and

v) procedures should be reviewed to ensure that work processes (particu larly relating to paperwork) are not encouraging arrest rather than the adoption of other options such as proceeding by summons or caution; and

d) Governments, in conjunction with Police Services, should consider the question of whether procedures for formal caution should be established in respect of certain types of offences rather than proceeding by way of prosecution.

The Commonwealth responded:

The Commonwealth has implemented this recommendation in the following ways: a) the principle of arrest being the sanction of last resort is contained in s. 8A(b), Commonwealth Crimes Act 1914;

Chapter 7 - Diversion from Police Custody 147

b) Australian Federal Police (AFP) training and procedures reinforce the principle as it is monitored by the AFP administration; i) AFP officers are not paid an allowance on the basis of the number of arrests; ii) a data base is kept and used for monitoring purposes; iii) AFP supervisors already oversee the appropriateness of arrest

practices; iv) AFP officers are not promoted on the basis of th e frequency of charges or arrests; and v) AFP work processes do not encourage the use of arrest rather than

proceeding by summons or caution; and

d) AFP procedures applying at Jervis Bay provide for formal caution procedures and the Commonwealth Prosecution Policy provides that first offences for juveniles, where the offence is not serious, should be dealt with by caution. Th e AFP will consider extending its caution

p rocedures to its national operations.

Resources

Unable to determine at this stage.

Implementation 1995/96

With reference to recommendation 87 (a), (b), & (c), the AFP meets the requirements by:

a. The principle of arrest being the sanction of last resort is contained in S8A(b), Commonwealth Crimes Act 1914; b. AFP training and procedures reinforce the principle as monitored by AFP administration; c. i. AFP officers are not paid an allowance on the basis of the number

of arrests; 11. A data base is kept and used for monitoring purposes;

m . AFP supervisors already oversee the appropriateness of arrest practices; 1v. AFP officers are not promoted on the basis of the frequency of charges or arrests; v. AFP work processes do not encourage the use of arrest rather than

proceeding by summons or caution.

1995-96 Annual Report 148

Apropos recommendation 87(d), AFP procedures applying to Jervis Bay provide for formal caution procedures and the Commonwealth Prosecution Policy provides that first offences for juveniles, where the offence is not serious, should be dealt with by caution.

The AFP introduced a police diversionary scheme in the ACT, similar to that which is operating in Wagga Wagga. The aim of the scheme is to divert people from the criminal justice system. The scheme involves a conference of the offender and victim, their respective families and friends, and police, including a police facilitator. It operates on the principle of

shaming the offenders into not offending again by making them face the victim and confront the consequences of their actions.

The conference further aims to identify solutions to a problem, including reparation/retribution for the victim. ACT Regional Instruction 23 /93 (Cautions & Diversionary Conference) provides guidelines for proceeding with a caution or undergoing diversionary conferencing.

Meetings were held between officers from the DEST, ACT Attorney General's Department, AFP, ACT Magistrate's Court and ACT Alcohol and Drug Service to determine the Commonwealth position prior to a meeting with the Wreck Bay Aboriginal Community Council (WBACC).

The purpose of the meeting was to discuss the implementation and monitoring of this recommendation, among others, with direct applicability to the Jervis Bay Territory. Discussions have been held with members of the WBACC.

Outcomes

Diversionary conferencing has been placed on the agenda of the next Aboriginal Justice Advisory Committee (AJAC) meeting scheduled for September 1996. Further, the Jervis Bay AJAC will continue to discuss alternatives to custodial sentencing for offenders -including juveniles- in the Wreck Bay area.

Whilst no Aboriginals were placed in protective custody in 1995/96, one Aboriginal person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen

Chapter 7 - Diversion from Police Custody 149

Remand Centre. One non-indigenous intoxicated person was held in protective custody. In addition, the following information regarding summonses has been extracted from court lists. During 1995/96, Aboriginals were summonsed on 5 occasions for traffic matters and 6 occasions for criminal matters (94/95- 9 traffic, 20 criminal). Non indigenous persons were summonsed on 11 occasions for traffic matters and on 1 occasion for criminal matters (94/95 - 1 traffic, 1 criminal). During 1995/96, 13 Traffic Infringement Notices (TINS) were issued to Aboriginals and 201 to non indigenous (94/95 - 11 Aboriginal, 185 non indigenous). Traffic matters have included offences as unlicensed driver, unregistered vehicle, no third party. In such cases, the court would normally fi ne the offender rather than sentence him/her to a term of

imprisonment.

1996/97 and Beyond

Cross references

Recommendation 235

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

1995-96 Annual Report 150

Recommendation 88

That Police Services in their ongoing review of the allocation of resources should closely examine, in collaboration with Aboriginal organisations, whether there is a sufficient emphasis on community policing. In the course of that process of review, they should, in negotiation with

appropriate Aboriginal organisations and people, consider whether: a) there is over-policing or inappropriate policing of Aboriginal people in any city or regional centre or country town; b) the policing provided to more remote communities is adequate and

appropriate to meet the needs of those communities and, in particular, to meet the needs of women in those communities; and c) there is sufficient emphasis on crime prevention and liaison work and training directed to such work. '

The Commonwealth responded:

The Australian Federal Police will consult with the appropriate Jervis Bay Aboriginal organisation (including the Wreck Bay Consultative Council).

Resources

Unable to determine at this stage.

Implementation 1995/96

At a meeting between the AFP and members of the Wreck Bay Aboriginal Community Council (WBACC) on 24 November 1994 to discuss mechanisms whereby the Council could be consulted and enter into negotiations on police/community issues, it was agreed that a couple of worthwhile initiatives would be jointly pursued to assess their feasibility,

specifically proposals to establish a youth activities club and the employment of an Aboriginal Liaison Officer (ALO). In an effort to progress the matter, the OIC Jervis Bay Police Station wrote to the WBACC coordinator on 9 January 1995 outlining the proposal for the youth activities club, as discussed

at the meeting, and requested that she distribute copies to people in the community who may be interested in being involved in progressing the matter. It was acknowledged at the meeting in November 1994 that for the program to succeed, community support, involvement and "ownership" was essential. The matter was raised with the coordinator again during 1995/96.

Chapter 7 - Diversion from Police Custody 151

In respect of the appointment of ALO's, it was proposed that a joint submission would be made to the WBACC by the Council's coordinator and the OIC Jervis Bay Police Station.

Progress in this matter is now being monitored by the Aboriginal Justice Advisory Committee (AJAC) established for the Jervis Bay Territory. A sub committee comprising representatives of the WBACC, the AFP and DEST, met on several occasions during the year with agreement being reached on the proposed role description and selection criteria for the ALO in late June

1996. It is anticipated that administrative guidelines, and terms and conditions issues will be resolved early in 1996/97. It is proposed that the position be trialed for 6 months.

The extent of consultation between AFP Jervis Bay police and the WBACC on policing issues has been tailored to meet the wishes of the community. AFP Jervis Bay police meet informally in their day to day duties with members of the WBACC. The OIC of Jervis Bay police is a member of the Nowra police I Aboriginal Liaison Committee, as well as the AJAC for

Wreck Bay.

Outcomes

In addition, the following information regarding summonses has been extracted from court lists. During 1995/96, Aboriginals were summonsed on 5 occasions for traffic matters and 6 occasions for criminal matters (94/95- 9 traffic, 20 criminal). Non indigenous persons were summonsed on 11 occasions for traffic matters and on 1 occasion for criminal matters (94/95 - 1 traffic, 1 criminal).

During 1995/96, 13 Traffic Infringement Notices (TINS) were issued to Aboriginals and 201 to non indigenous (94/95 - 11 Aboriginal, 185 non indigenous). The traffic matters would have included such offences as unlicensed driver, unregistered vehicle, and no third party. In these cases, the court would normally fine the offender rather than sentence him/her to a term of imprisonment.

1995-96 Annua l Report !52

1996/97 and Beyond

Cross references

Recommendations 95,214 and 215

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

Chapter 7 - Di version from Po lice Custody !53

Recommendation 89

That, the operation of bail legislation should be closely monitored by each Government to ensure that the entitlement to bail, as set out in the legislation, is being recognised in practice. Furthermore the Commission recommends that the factors highlighted in this report as relevant to the granting of bail be closely considered by police administrators.

The Commonwealth responded:

From a national perspective the Commonwealth applies State and Territory Bail laws under s. 68(1) Judicial Act 1903. The Commonwealth believes it would be undesirable to establish a second parallel system of bail for Commonwealth offenders to operate beside that applying to State offenders. It would be unnecessarily confusing. The Australian Federal Police will monitor the operation of the Australian Capital Territory bail legislation in its application to the Jervis Bay Territory.

Resources

Unable to determine at this stage.

Implementation 1995/96

AFP Jervis Bay Territory members do all within their power to admit people to bail as soon as possible in accordance with the ACT Bail Act 1992. Their extensive local knowledge assists in a liberal response in this regard. National AFP members process offenders though their respective State/Territory police service. Entitlement to bail would be under State/Territory legislation and the discretion of the State/Territory watch house Sergeant.

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay - through the Wreck Bay Aboriginal Community Council (WBACC) - provide the opportunity and forum for members of the community to raise matters of concern.

The Jervis Bay Administration (regional office ofDEST) maintains close relationships with the AFP in the Territory. The issues raised in this Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee (AJAC).

1995-96 Annual Report 154

Outcomes

custody.

In addition, the following information regarding summonses has been extracted from court lists. During 1995/96, Aboriginals were summonsed on 5 occasions for traffic matters and 6 occasions for criminal matters (94/95 - 9 traffic, 20 criminal). Non indigenous persons were summonsed on 11 occasions for traffic matters and on 1 occasion for criminal matters (94/95 - 1

traffic, 1 criminal). During 1995/96, 13 Traffic Infringement Notices (TINS) were issued to Aboriginals and 201 to non indigenous (94/95 - 11 Aboriginal, 185 non indigenous). Traffic matters would have included such offences as unlicensed driver, unregistered vehicle, and no third party. The court would

normally fine an offender rather than sentence him/her to a term of imprisonment.

1996/97 and Beyond

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Department of Environment, Sport and Territories

Telephone 06 274 1884 Facsimile 06 274 1368

Chapter 7 - Diversion from Police Custody 155

Recommendation 90

That in jurisdictions where this is not already the position: a) where police bail is denied to an Aboriginal person or granted on terms the person cannot meet, the Aboriginal Legal Service, or a person nominated by the Service, be notified of that fact; b) an officer of the Aboriginal Legal Service or such other person as is

nominated by the Service, be granted access to a person held in custody without bail; and c) there be a statutory requirement that the officer-in-charge of a station to whom an arrested person is taken give to that person, in writing, a

notification of his/her right to apply for bail and to pursue a review of the decision if bail is refused and of how to exercise those rights.

The Commonwealth responded:

The Commonwealth will provide additional funding to the Aboriginal Legal Services to implement this recommendation. Australian Federal Police Regional and General Instructions address the matters raised in this recommendation-there is no difficulty in having a statutory requirement for the officer-in-charge of the police station to notify the person of his or her right to apply for bail. If bail is refused, it is

the duty of the oncoming officer-in-charge to review the issue of bail and to admit that person to bail if the grounds for the original refusal no longer exist or are not warranted.

Implementation 1995/96

Assistance to Aboriginal and Torres Strait Islander people held in custody without bail forms part of the routine functions of Aboriginal and Torres Strait Islander Legal Services. Where there is a refusal of bail, in most instances, A TSILS are notified by police. There are some jurisdictions where there continues to be difficulties between police and ATSILS. Although satisfactory arrangements generally exist in major centres where a person is arrested and is known to be indigenous, problems were highlighted through effectiveness reviews of the provision of legal services in New South Wales and also through the media.

Some services provide a 24 hour field service and have developed good procedures for dealing with bail requirements.

1995-96 Annual Report 156

Most ATSILS advocate the practice of delivery of a summons rather than arrest in the first instance.

In the ACT and Jervis Bay, police advise persons taken into custody of their right to apply for bail. A proforma sheet containing this and other advice is provided before anyone is placed in the cells.

South Australia reports that in some cases notification procedures are ignored because of the unwillingness of indigenous people to assert themselves when in contact with police.

ATSILS are community-based organisations and are actively involved in representing persons held in custody. In the jurisdictions where there are problems with the establishment of acceptable negotiating positions between the police and A TSILS, ways of improving the situation are being

considered. In the majority of cases, however, lawyers or field officers obtain early access to those held in custody without bail or those refused bail.

The AFP recently underwent major structural changes. In order to support these changes, the AFP is reviewing it guidelines, policies and procedures to reflect the nature of the changes, as well as meeting the needs of the community.

Within the ACT, which includes Jervis Bay, ACT Regional Guideline 5/96 (Watch House) was implemented in April1996 to replace ACT Regional Instruction 1/92 (Watch House).

Further to the above, ACT Regional Guideline 4/96 (Care of Persons in Police Custody), which includes Jervis Bay, was also implemented in April 1996, and replaced ACT Regional Instruction 26/91 (Care of Persons in Police Custody).

AFP Jervis Bay members advise the South Coast Aboriginal Legal Services (SCALS) during business hours and, where possible, after hours.

Police advise persons taken into police custody of their right to apply for bail. In the ACT, a proforma information sheet containing this and further advice about their rights to seek a review of a decision not to grant bail, is provided to such persons before they are placed in the cells. Use of this proforma has

been extended to the Jervis Bay Territory.

Chapter 7 - Diversion from Police Custody 157

Outcomes

Although there are unresolved problems in some jurisdictions, lawyers or field officers from local A TSILS generally gained access to those persons held in custody without bail or who were refused bail.

1996/97 and beyond

Concerned with problems with ATSILS, increasing demand for their services and unfavourable media exposure, ATSIC has taken a number of initiatives which will require ATSILS to implement a framework of new policies over the next twelve months. These policies are aimed at improving the effectiveness and efficiency of their operations and will include the development of operational priorities which should impact upon the provision of timely assistance to indigenous persons placed in custody.

1996/97 will be the final year of the special funding earmarked for A TSILS. Continuation of the special Royal Commission programmes, and their level of funding , will be decisions of the ATSIC Board.

Cross references

Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3140 Facsimile 06 285 3741

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2741884 Facsimile 06 2741368

1995-96 Annual Report 158

Chapter 8

IMPRISONMENT AS A LAST RESORT

Aboriginal and Torres Strait Islander Legal Services Program Report

Aboriginal and Torres Strait Islander Languages Interpreter Training Program

Recommendations 95-9 7, 99, 100, 104-108, 110, 114, 115, 119-121

Chapter 8-Imprisonment as a last Resort 159

Aboriginal and Torres Strait Islander Legal Services

Agency/Department Responsible

Aboriginal and Torres Strait Islander Commission (ATSIC)

Title of the Program/Commonwealth Funded Initiative

Aboriginal and Torres Strait Islander Legal Services (Supplementary Funding)

Relevant Royal Commission Recommendations

Recommendations 4, 5, 22, 24, 38,105,107, 108, 130, 223, 226g, 234, 242d and 243

Description of Program

To develop and expand the role of Aboriginal Legal Services.

Resources

During the 1995/96 financial year, Aboriginal and Torres Strait Islander Legal Services (ATSILS) received over $31.5 million in grant funding to provide services to their communities. This amount included special funding for the enhancement of the above services. The special funding is being provided as a response to the Royal Commission recommendations.

Implementation 1995/96

During recent years there has developed widespread concerns about the operations of ATSILS. Indigenous clients especially have identified problems such as ineffective representation of clients and have been seeking improvements in the delivery of services. Allegations were made in relation to the financial affairs and management of a number of the larger organisations, resulting in media interest with subsequent unfavourable public exposure.

1995-96 Annual Report 160

For some time ATSIC ha recognised these concerns and in many instances has taken remedial action by the appointment of administrators or Grant Controllers to those organisations where financial difficulties and managerial problems were evident.

Further action was taken by A TSIC during the year. For example, following representations by the New South Wales Aboriginal Justice Advisory Committee, ATSIC undertook a review of the provision oflegal aid services to indigenous people in New South Wales. Despite concerns with the level of

service provided by the NSW ATSILS the review found that there was strong support among indigenous people to maintain community controlled legal services. The review considered and made recommendations on a number of issues including the issue of regionalisation of services. A TSIC subsequently

endorsed the development of regional legal services in New South Wales.

Responding to community criticism of ineffective service delivery by some A TSILS, ATSIC also developed a policy framework within which ATSILS should operate. Under this proposal ATSIC will require each ATSILS to submit to new polices governing the provision oflegal aid. ATSIC's grant conditions will require ATSILS to adopt the policies detailed in the framework which covers such matters as:

â¢ operational priorities; â¢ appeal and review processes; â¢ merit testing, to decide whether a case should be handled; â¢ advice and referral mechanisms; and

â¢ procedures for cases involving two indigenous parties.

A TSILS are to develop their policies based on the model framework and these policies will form part of the funding contract between A TSIC and each ATSILS for the 1997-98 financial year.

In recent times there has been criticism by the judiciary and other s, of some A TSILS which raise questions about ATSILS' capacity to provide effective professional services to clients. In response ATSIC is developing a peer review mechanism whereby A TSILS could be reviewed or evaluated by peer

professionals.

Similarly, ATSIC is developing a proposal for the means testing of ATSILS' clients which will be considered by ATSIC's Board.

These initiatives are aimed at improving the overall effectiveness and efficiency of A TSILS, especially in relation to focussing resources to their primary function of providing legal aid for criminal matters.

Chapter 8-Imprisonrnent as a last Resort 161

The Federal Government, cognisant of the criticisms of ATSILS and also concerned about the public accountability of indigenous programs, arranged for special compliance audits to be carried out on five A TSILS during 1995/96.

A TSIC welcomed the compliance audits and responded to the audit recommendations which could be implemented directly by ATSIC. These included such matters as closer monitoring of the projects and inclusion of additional terms in the grant conditions.

ATSIC, in addition to providing financial assistance to the network of community based ATSILS, also provided financial assistance to the Queensland Aboriginal and Islander Legal Services Secretariat and to a national organisation, the National Aboriginal and Islander Legal Services

Secretariat (NAILSS), to provide secretariat services for their member organisations. NAILSS also initiates and conducts legal action on a number of issues of national significance. NAILSS is a category 2 Non Government Organisation in consultative status with the United Nations which enables it to attend relevant United Nations human rights forums.

As an indication of the need for legal services, the 1994 Australian Bureau of Statistics National Aboriginal and Torres Strait Islander Survey found that 17% of indigenous persons over the age of 13 years needed to use legal services in the previous 12 month period. Of these persons 67% used A TSILS, 16% used State Legal Aid Commissions for assistance, and 1 7% used other legal services. The survey also found that 20% of all persons aged

13 years and over had been arrested at least once in the last five years and more than half had been arrested before.

Aboriginal and Torres Strait Islander Legal Services are community organisations and as such provide a high degree of liaison with local communities and negotiate strongly in matters related to the provision of legal services.

ATSIC Regional Councils and the Torres Strait Regional Authority all comprise of elected councillors who maintain close contact with and who represent their local Aboriginal and Torres Strait Islander communities. Where there is a need to improve the servicing of clients in certain areas, elected councillors and other community representatives negotiate with relevant agencies.

1995-96 Annual Report 162

Outcomes

A TSILS continued to provide assistance to those in contact with the criminal justice system in all States and Territories, and continued also to assist those families affected by deaths in custody. Increases in civil case representation were reported, but criminal cases still remain by far the predominant area of

A TSILS work.

Nineteen deaths in custody are reported to have occurred during the year and in most cases ATSILS have provided advice and representation to families at relevant inquiries and coroner's inquests. In relation to coroner's inquests, expenditure of $24, 731 was incurred in 1994/95 by the Commonwealth Attorney-General's Department under its special scheme to provide

representation for families at inquests.

Strong demand for legal services provided by A TSILS continued over the last twelve months. For example the number of clients dealt with in 1995/96 by the Aboriginal Legal Service of Western Australia totaled 10,533. There were 18,833 criminal matters and 1383 civil matters handled, and 566 files

opened in relation to Family law matters. The Aboriginal Legal Rights Movement in South Australia reported that it provided services to 3825 clients in criminal matters and 423 in civil matters.

Increased activities were reported in relation to juvenile matters. Thirteen young offenders were referred to the Young Offenders' program operated by SCALS. In Tasmania, negotiations with government has resulted in an inquiry into the operations and conditions in the Ashley Children's Detention

Centre. An example of ATSILS' involvement in law reform was the TAC's contribution to the development of a Youth Justice Bill by providing comment on the drafting of the Bill.

Outlook for 1996/97 and beyond

ATSIC, in recognition of the need to reform ATSILS, and to provide a better services for clients, will implement a major reform strategy aimed at introducing a number of policies in ATSILS. The implementation of the Policy Framework will be aimed at improving the efficiency of A TSILS '

operations and increasing their effectiveness in the delivery of services.

ATSILS will be required to develop processes on establishing standards. Policies include the prioritisation of A TSILS' case load, a system of means and merit testing, an appeal and review system, the briefmg out of cases and

Chapter 8-lmprisonment as a last Resort 163

will also include a specific policy which will address the difficulties presently being experienced by clients in situations where an indigenous person is taking action against another.

ATSIC is also looking at the possible introduction of a cyclical peer review evaluation process within ATSILS.

ATSIC has established a task force to consider the implementation of the recommendations by the review into legal aid services in New South Wales which includes a recommendation to regionalise services. It is expected that the delivery of services in New South Wales will undergo a major reform as a result of the review.

ATSIC is also conducting a review of Aboriginal and Torres Strait Islander legal services in the Northern Territory and will consider its recommendations.

It is intended that ATSIC will commission effectiveness reviews of the Brisbane based QEA Legal Service and ofNAILSS and QAILSS and other services.

1996/97 will be the fmal year of the special funding eannarked for ATSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions of the A TSIC Board.

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

1995-96 Annual Report 164

Aboriginal and Torres Strait Islander Languages Interpreter Training Program

Relevant Royal Commission Recommendations

Recommendations 99 and 100

Description of Program

To establish Aboriginal and Torres Strait Islander language courses fo r Aboriginal and Torres Strait Islander people to enable them to gain accreditation as interpreters for use within the court system. The Indigenous Policy Issues Unit in the Attorney-General's Department

provides policy advice and administrative support to this program and the program 'Cultural Awareness for Judges, Judicial Officers and Court Office staff.

Resources

â¢ $120,000 Aboriginal Torres Strait Islander Languages Interpreter Training Program; â¢ $100,000 Salaries and Administration (SOGB, AS02 and travel)

Implementation 1995/96

WA Interpreter Awareness Week

A contribution of$5,000 was made to the Perth Regional Office of the National Accreditation Authority for Translators and Interpreters (NAA TI) for the conduct of W A's Interpreter Awareness Week Program. W A NAA TI is the organising body for theW A Aboriginal Languages Advisory

Committee which coordinates Aboriginal interpreting issues in W A.

Research: Torres Strait Islander Languages

$38,266 was provided to Magani Malu Kes, a Townsville based Torres Strait Islander research organisation, to carry out a research proposal which would elicit the priority language for a future interpreter training program in Queensland.

Chapter 8-l mprisonment as a last Resort 165

Magani Malu Kes conducted the research in consultation with the Centre for Social and Welfare Research (CSA WR), James Cook University. An Executive Summary of the research fieldwork, questionnaire, analysis and socio-demographic profile data captured to date was produced in early July.

A final report is due at the end of August and a decision will be made thereafter regarding the implementation of a mainland or island-based interpreter training course.

National Aboriginal & Torres Strait Islander Interpreter Training Forum

On 19-20 October 1995, the Attorney-General's Department (A-G's) and NAATijointly coordinated and hosted a national Aboriginal and Tones Strait Islander Interpreter Training Forum in Alice Springs. The forum's objective was to provide the foundation for the development of a national indigenous languages interpreter training strategy, the professionalism of indigenous interpreters and the provision of indigenous language interpreter services. Participants included representatives from State and NT government justice agencies, tertiary vocational institutions, Aboriginal and Tones Strait Islander community based organisations and Aboriginal and Tones Strait Islander interpreter students. A Report titled, Proper True Talk : To wards a National Strategy for Interpreting in Aboriginal and Torres Strait Islander Languages was publicly launched by

A-G's during NAIDOC week this year. Funds expended: $30,000 (Travel, Accommodation, Printing, Venue Hire)

Kimberley Project : Stage 3

Stage three of the Kimberley Interpreter Project- Port Hedland- was commenced in June 1996. The Kimberley Project commenced in 1993 and was developed and implemented by the Perth Metropolitan College of T AFE. The previous two stages involved training courses at Derby and Kunununa in Aboriginal Kriol and Fitzroy Crossing and Hall Creek in Kriol , Walmajani and Kukatja. A total of 19 para-professional accredited interpreters emerged from those two stages. The Port Hedland course in the Nyangumarta language will be completed in June 1997. Grant funds provided: $69,975 .

As a result of the Attorney-General's Department Justice Statement initiatives, the Aboriginal and Tones Strait Islander Interpreter Training Program received an additional $437,762 for the 1995/9 6 financial year.

1995-96 Annual Report 166

priority by interpreter training practitioners and has been deferred in the light of the continuing need for face to face training. Evaluation of the interpreter training program will take place in the 1996/97 financial year. A contract was drafted for a program of testing and pre-testing preparation to be conducted by Batchelor College, 100 kilometres south of Darwin. The program commenced in June 1996 and will prepare candidates in 7

Top End communities (covering 10 language groups) for para-professional accreditation in legal interpreting. It is expected that between 20 to 30 accredited interpreters will emerge from this program. Grant funds provided : $116,064.

refers to legal and health interpreting. The North Australian Aboriginal Legal Service, Batchelor College, and OAD are represented on a NT Government Committee established to further a specific policy announcement in respect of the Government' s commitment to a Strategic

Framework and Implementation Plan on Enhanced Communication Between Aboriginal People and the NT Government.

undertake interpreter accreditation testing through the Batchelor College program previously mentioned. Successful candidates from the Batchelor College program will then be utilised in the pilot interpreter service. Grant funds provided: $133,000. As well, A-G's Interpreter Training Program

will provide a contribution of $10,000 to OAD for the production of a video which provides an awareness on the use of Aboriginal language interpreters for NT government employees engaged in program delivery and services to Aboriginal clients.

All funds provided under Justice Statement for Aboriginal and Torres Strait Islander interpreter projects have been expended.

Chapter 8-Imprisonment as a last Resort 167

Negotiation has taken place on a number of levels. Preliminary negotiations on development and implementation of interpreter training is between A-G's, State or Territory Government departments and TAPE institutions.

Thereafter, the T AFE negotiates with respective Aboriginal communities directly and with associated community organisations regarding : advertisem*nt of the proposed course; the Aboriginal language to be used; language speakers who will provide their expertise during the course; community members who might be encouraged to become an interpreter student; assessment processes to gauge each student's English language skills; th e training venue; and the contributions that will be made by the training institution to support interpreter students during training, etc.

There is no direct impact on ATSIC community planning processes. However, indirectly, communities and their respective organisations may be di sadvantaged through the absences of individuals who undertake interpreter training (which is conducted in block, modular form). As no organisation, department or government has yet established an Aboriginal or Torres Strait Islander Interpreter Service- interpreters continuing to be used on a 'needs basis' only- community activity revolving around the employment or use of interpreters has not emerged as an issue in community planning considerations.

Outcomes

It is anticipated that between 20 to 30 Aboriginal people and Torres Strait Islander people will attain para-professional accreditation in legal interpreting at the completion of the courses commenced in 1995/96.

The foundations for a National Aboriginal and Torres Strait Islander Interpreter Training Strategy are being advanced. Consultation and liaison with relevant government departments, educational institutions and Aboriginal and Torres Strait Islander organisations and individuals will continue over the next year to consolidate the framework establi shed at the National 'Proper True Talk' forum.

Research will identify the preferred language for a further Torres Strait Islander legal interpreter training course.

1995-96 Annual Report 168

1996/97 and Beyond

Royal Commission funding has provided for the establishment and operation of the Aboriginal and Torres Strait Islander Interpreter Training Program over the last four years. Apart from (some) student, teaching and equipment costs (in some instances) associated with the delivery of

interpreter training, State and Territory Governments have not as yet made any significant financial contribution to Aboriginal and Torres Strait Islander interpreter training or the provision of interpreter services to meet the needs of Aboriginal and Torres Strait Islander clients in the legal environment. This said, interpreter training needs in the health, public administration and education fields are just as urgent and equally important as legal interpreting.

In order for the Aboriginal and Torres Strait Islander Interpreter Training infrastructure to survive, it is imperative that relevant State governments and the NT Government begin to allocate their own financial and other resources to its maintenance and future development.

The only activity that can be nominated at this time for the new financial year is the conduct of an evaluation ofthe program' s operation over the last four years.

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

Chapter 8-Tmprisonment as a last Resort 169

Recommendation 95

That in jurisdictions where motor vehicle offences are a significant cause of Aboriginal imprisonment the factors relevant to such incidence be ident(fied, and, in conjunction with Aboriginal community organisations, programs be designed to reduce that incidence of offending.

The Commonwealth responded:

While motor vehicle offences are not a problem in Jervis Bay or other Commonwealth Territo ries, the Commonwealth sees the imprisonment of Aboriginals in relation to motor vehicle offences as linked to the general underlying causes of Aboriginal incarceration as identified by the Royal

Commission. Th e Commonwealth is determined to use every effort to ensure that the Commonwealth, State and Territory Governments design and implement programs, not only to reduce the incidence of offending, but also to divert offenders ji-om the criminal justice system.

Implementation 1995/96

Motor vehicle offences in Jervis Bay are not a significant cause of Aboriginal imprisonment. Further, the current practice whereby drivers licences/motor vehicle registrations are cancelled due to non payment of traffic fines, has resulted in a significant reduction in the number of warrants for arrest being issued for fine default. Indeed, no warrants were is sued during 1995/96 in respect of traffic matters.

Whilst the AFP does not have statistical information on court sentencing decisions and therefore is not in a position to provide figures regarding the rate of imprisonment of Aboriginal persons for motor vehicle offences, information regarding summonses, which has been extracted from court lists, is detailed in the outcomes section.

The Jervis Bay Administration (regional office ofDEST) maintains close relationships with the AFP personnel in the Territory. The issues raised in this Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee (AJAC).

The OIC of the Jervis Bay police is a member of the Nowra Police I Aboriginal Liaison Committee, as well as the AJAC. Jervis Bay police have regular meetings with members of the Wreck Bay Aboriginal Community Council (WBACC) and maintain close communication and liaison with the

community.

1995-96 Annual Report 170

Outcomes

The following information regarding summonses has been extracted from court lists. During 1995/96, Aboriginals were summonsed on 5 occasions for traffic matters and 6 occasions for criminal matters (94/95 - 9 traffic, 20 criminal). Non indigenous persons were summonsed on 11 occasions for

traffic matters and on 1 occasion for criminal matters (94/95 - 1 traffic, 1 criminal).

During 1995/96, 13 Traffic Infringement Notices (TINS) were issued to Aboriginals and 201 to non indigenous (94/95- 11 Aboriginal, 185 non indigenous). The traffic matters would have included such offences as unlicensed driver, unregistered vehicle, and no third party. In these cases, the

court would normally fme the offender rather than sentence him/her to a term of imprisonment.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 88

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

Chapter 8-Imprisonment as a last Resort 171

Recommendation 96

That judicial officers and persons who work in the court service and in the probation and parole services and whose duties bring them into contact with Aboriginal people be encouraged to participate in an appropriate training and development program, designed to explain contemporary

Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non-Aboriginal communities today.

The Commission further recommends that such persons should wherever possible participate in discussion with members of the Aboriginal community in an informal way in order to improve cross-cultural understanding.

The Commonwealth responded:

Implementation of the recommendation is mainly a matter for State and Territory Governments. The Commonwealth is, however, supportive and will act as a catalyst to develop relevant programs. The Government has referred the recommendation to the Chief Executive Officers of Federal Courts, for implementation by the courts. The Attorney-General's Department is developing a training and development program in

conjunction with the Federal Courts and the Australian Institute of Judicial Administration. The program will involve participation by Aboriginal and Torres Strait Islander groups such as Aboriginal Legal Services.

Resources

$50,000. The total amount of $50,000 is allocated each financial year to the Australian Institute of Judicial Administration (AIJA) which has been contracted to implement cross-cultural awareness training for the Australian judiciary.

Implementation 1995/96

A total of 54 Magistrates from the Northern and Southern Queensland Magistrates Courts participated in a series of two-day programs held in Brisbane and Townsville in July and August of 1995. The theme throughout the series of seminars was Aboriginal and Torres Strait Islander Cultures: Similarities, Diversity and Divergence.

1995-96 Annual Report 172

The Magistrates' seminars followed the conduct of a combined program for Judges of the Supreme Court of Queensland, the Federal Court of Australia, District Courts of Queensland and the Family Court of Australia held in April.

Three of the five facilitators for the Magistrates program were women. The program did not lend itself to involvement from indigenous youth.

Nine of the twenty presenters engaged for the Magistrates seminar program were women who represented a wide range of community based organisations from the Brisbane and Townsville areas. Again, the program did not lend itself to involvement from indigenous youth.

Implementation of recommendations 96/97 does not impact on ATSIC community planning processes. In October 1994, the national Cross Cultural Awareness Committee, established under the auspices of the AIJA, sought an expression of interest from the Aboriginal and Torres

Strait Islander Studies Unit of the University of Queensland to conduct a series of cross cultural awareness seminars for members of the Queensland judiciary.

Seminar programs were developed with direction from the Queensland Cross-Cultural Awareness Committee, comprising representatives of the Supreme Court of Queensland, Federal Court of Australia, Family Court of Australia, District and Magistrates Courts of Queensland, ATSIC, the

Office of Torres Strait Islander Affairs and the Queensland Aboriginal Justice Advisory Committee (AJAC).

Although it was envisaged that both the Queensland Aboriginal and Torres Strait Islander Corporation for Legal Services representative and the ATSIC Law and Justice portfolio member would guide planning and delivery of programs, the Legal Service representative was not able to

attend any of the committee meetings and only two of the seminars.

The ATSIC Law and Justice representative was unavailable for all seminars and all but one committee meeting.

While judicial officers were provided with a selection of pre-reading materials for each seminar that were generally non-indigenous authored, all presenters and facilitators were Aboriginal or Torres Strait Islander people who accepted an invitation to provide their knowledge and expertise on a specific topic area.

Chapter 8-lmprisonment as a last Resort 173

Outcomes

This initiative provides an ongoing program to provide training for judges, magistrates and court officers in the historical and contemporary circ*mstances of Aboriginal cultures and Torres Strait Islander cultures.

The AIJA considered that the seminar program was well received by the Queensland judiciary and believes the foundation has been laid for ongoing cultural awareness initiatives in Queensland.

1996!97 and Beyond

The AIJA will continue to negotiate with regional cross-cultural awareness sub-committees in NSW, Victoria, Tasmania and the NT for the conduct of programs in those regions before the end of 1996. Subsequently, it is envisaged an evaluation of the national program will be undertaken to account for expenditure to date, qualitative and quantitative data on outcomes, and future direction.

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

Department of the Environment, Sport and Territories

Telephone 06 274 1312 Facsimile 06 274 1734

1995-96 An nual Report 174

Recommendation 97

That in devising and implementing courses referred to in Recommendation 96 the responsible authorities should ensure that consultation takes place with appropriate Aboriginal organisations, including, but not limited to, Aboriginal Legal Services.

The Commonwealth responded:

The Commonwealth will consult with Aboriginal Legal Services and other Aboriginal and Torres Strait Islander organisations. As Legal Aid Commissions (LACs) and Community Legal Centres are also involved with Aboriginal and Torres Strait Islander people on a daily basis,

representatives from these organisations will be included in any consultations. Further, the interpreters program will involve extensive liaison and consultation with Aboriginal and Torres Strait Islander groups, and State and Federal Courts, and legal bodies including the Aboriginal Legal Services.

Implementation 1995/96

See Recommendation 96

Cross references

Recommendation 96

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

Chapter 8-Imprisonment as a last Resort 175

Recommendation 99

That legislation in all jurisdictions should provide that where an Aboriginal defendant appears before a court and there is doubt as to whether the person has the ability to fitlly understand proceedings in the English language and is fully able to express himself or herself in the English language, the court be obliged to satisfy itself that the person has

that ability. Where there is doubt or reservations as to these matters proceedings should not continue until a competent interpreter is provided to the person without cost to that person.

The Commonwealth responded:

The Commonwealth Attorney-General 's Department has been provided funding to develop a program for the use of interpreters for Aboriginal people in the courts. The program involves liaison and consultation with Aboriginal groups, State and Federal Courts and legal bodies including

the Aboriginal Legal Service. Commonwealth criminal investigation legislation, and the current draft of the Evidence Bill, both provide for interpreters. In Commonwealth criminal matters, and most civil matters, an interpreter will be provided at no cost.

Resources

â¢ $120,000 Aboriginal and Torres Strait Islander Languages Interpreter Training Program â¢ $100,000 Salaries and Administration (SOG B, ASO 2, and travel)

Implementation 1995/96

WA Interpreter Awareness Week

A contribution of$5,000 was made to the Perth Regional Office ofthe National Accreditation Authority for Translators and Interpreters (NAA TI) for the conduct of W A's Interpreter A ware ness Week Program. W A NAA TI is the organising body for the W A Aboriginal Languages Advisory Committee which co-ordinates Aboriginal interpreting issues in W A.

Research: Torres Strait Islander Languages

$38,266 was provided to Magani Malu Kes, a Townsville based Torres Strait Islander research organisation, to carry out a research proposal which

1995-96 Annual Report 176

would elicit the priority language for a future interpreter training program in Queensland. Magani Malu Kes conducted the research in consultation with the Centre for Social and Welfare Research (CSA WR), James Cook University. An Executive Summary of the research fieldwork , questionnaire analysis and socio-demographic profile data captured to date was produced in early July. A final Report is due at the end of August and

a decision will be made thereafter regarding the implementation of a mainland or island-based interpreter training course.

National Aboriginal & Torres Strait Islander Interpreter Training Forum

On 19-20 October 1995, the Attorney-General's Department (A-G's) and NAA TI jointly co-ordinated and hosted a national Aboriginal and Torres Strait Islander Interpreter Training Forum in Alice Springs. The forum's objective was to provide the foundation for the development of a national

indigenous languages interpreter training strategy, the professionalisation of indigenous interpreters and the provision of indigenous languages interpreters services. Participants included representatives from State and NT government justice agencies, tertiary vocational institutions,

Aboriginal and Torres Strait Islander community based organisations, and Aboriginal and Torres Strait Islander interpreter students, a Report titled, Proper True Talk: Towards a National Strategy.for Inte1preting in Aboriginal and Torres Strait Islander Languages was publicly launched

by A-G's during NAIDOC week this year. Funds expended: $30,000 (Travel, Accommodation, Printing, Venue Hire)

Kimberley Project: Stage 3

Kriol, Walmajarri and Kukatja. A total of 19 para-professional accredited interpreters emerged from those two stages. The Port Hedland course in the Nyangumarta language will be completed in June 1997. Grant funds provided: $69,975.00.

As a result of the Attorney-General's Departments Justice Statement initiatives, the Aboriginal and Torres Strait Islander Interpreter Training Program received an additional $437,762 for the 1995/96 financial year.

Chapter 8-lmprisonment as a last Resort 177

The additional funds were provided for the implementation of interpreter training in the NT, further investigations into the use of multi-media CD ROM technology for interpreter training and evaluation of the interpreter training program. The CD ROM project was subsequently allocated a low priority by interpreter training practitioners and has been deferred in the light of the continuing need for face to face training. Evaluation of the interpreter training program will take place in the 1996/97 financial year.

A contract was drafted for a program of testing and pre-testing preparation to be conducted by Batchelor College, 100 kilometres south of Darwin. The program commenced in June 1996 and will prepare candidates in 7 Top End communities (covering 10 language groups) for para-professional accreditation in legal interpreting. It is expected that between 20 to 30 accredited interpreters will emerge from this program. Grant funds provided: $116, 064.

Negotiations with the Office of Aboriginal Development (OAD) NT, have resulted in a joint project with that Office and the NT Attorney-General's Department to implement a six month pilot Aboriginal Languages "Technical" Interpreter Service for the Top End. Technical in this sense refers to legal and health interpreting. The Northern Australian Aboriginal Legal Service, Batchelor College, and OAD are represented on a NT Government Committee established to further a specific policy announcement in respect of the Government's commitment to a Strategic Framework and Implementation Plan on Enhanced Communication Between Aboriginal People and the NT Government.

In this regard, preliminary investigations by OAD established a number of bi-cultural language speakers in the Top End who may be suitable to act as interpreters in the legal environment. Those language speakers were placed on a tentative Register oflnterpreters and have been approached to undertake interpreter accreditation testing through the Batchelor College program previously mentioned. Successful candidates from the Batchelor College program will then be utilised in the pilot interpreter service. Grant funds provided: $133,000.

As well, A-G's Interpreter Training Program will provide a contribution of $10,000 to OAD for the production of a video which provides an awareness on the use of Aboriginal language interpreters for NT government employees engaged in program delivery and services to Aboriginal clients.

1995-96 Annual Report 178

All funds provided under Justice Statement for Aboriginal and Torres Strait Islander interpreter projects have been expended.

Negotiation has taken place on a number of levels. Preliminary negotiations on development and implementation of interpreter training is between A-G's, State or Territory government departments and TAFE institutions. Thereafter, the T AFE negotiates with respective Aboriginal

communities directly and with associated community organisations regarding: advertisem*nt of the proposed course; the Aboriginal language to be used; language speakers who will provide their expertise during the course; community members who might be encouraged to become an

interpreter student; assessment processes to gauge each student's English language skills; the training venue; and the contributions that will be made by the training institution to support interpreter students during training , etc.

organisation, department or government has yet established an Aboriginal or Torres Strait Islander Interpreter Service - interpreters continuing to be used on a 'needs basis' only- community activity revolving around the employment or use of interpreters has not emerged as an issue in

community planning considerations.

Outcomes

continue over the next year to consolidate the framework established at the National 'Proper True Talk' forum. Research will identify the preferred language for a further Torres Strait Islander legal interpreter training course.

Chapter 8-Imprisonment as a last Resort 179

1996/97 and Beyond

The only activity that can be nominated at this time for the new financial year is the conduct of an evaluation of the program's operation over the last four years.

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

1995-96 Annual Report 180

Recommendation 100

That governments should take more positive steps to recruit and train Aboriginal people as court staff and interpreters in locations where significant numbers of Aboriginal people appear before the courts.

The Commonwealth responded:

The Commonwealth has referred the recommendation to the Chief Executive Officer ofF ederal Courts, for implementation by the courts. Aboriginal staff will be employed and trained in line with the Australian Public Service Aboriginal Employment Strategy. A pilot program is being

developed to train Aboriginals as interpreters in the courts and in the criminal investigation process. In addition, the Commonwealth has agreed to develop an accredited para legal training course for Aboriginal Legal Service Field Officers and other Aboriginal and Torres Strait Islander para-legal workers. The

Commonwealth is also willing to negotiate with the States and Territories on measures to encourage Aboriginal employment in courts.

Implementation 1995/96

See Recommendation 99

Cross references

Recommendation 99

Contact

Attorney-General's Department

Telephone 06 250 6351 Facsimile 06 250 5904

Chapter 8-Imprisonment as a last Resort 181

Recommendation 104

That in the case of discrete or remote communities sentencing authorities consult with Aboriginal communities and organisations as to the general range of sentences which the community considers appropriate for offences committed within the communities by members of those communities and, further, that subject to preserving the civil and legal rights of offenders and victims such consultation should in appropriate circ*mstances relate to sentences in individual cases.

The Commonwealth responded:

The Commonwealth supports the type of initiatives which are occurring in the NT in relation to consultation between magistrates and communities on sentencing (as described on pp. 76-77 of Vol. 3 of the Royal Commission Report). Federal offenders will be covered by arrangements made in

individual jurisdictions. This recommendation applies to the Jervis Bay Territory and will be implemented following further discussions with the Chief Magistrate.

Resources

Implementation 1995/96

1995-96 Annual Report 182

Representatives of the ACT Corrective Services Department addressed a meeting of the Committee outlining Periodic Detention and Community Based Correction. It was agreed that the implementation of Community Based Correction in the Jervis Bay Territory should be pursued with the

aim of having community service orders operational in 1996/97.

Through the Aboriginal Justice Advisory Committee, the ACT Chief Magistrate (who is a member of the Committee) is involved in regular negotiation with the WBACC regarding sentencing options and the possible implementation of Community Based Correction in the Territory.

Outcomes

â¢ Establishment of the Aboriginal Justice Advisory Committee for the Jervis Bay Territory; â¢ Discussion and negotiation on Community Based Correction schemes prior to their possible implementation in 1996/97.

1996/97 and Beyond

Further development and implementation of appropriate sentencing arrangements acceptable to both the Wreck Bay Aboriginal Community Council and the ACT Magistrates Court.

In 1996/97 the Committee has determined it will develop procedures to monitor its progress and evaluate its effectiveness.

Contact

Department of Environment, Sport and Territories

Telephone 06 274 1882 Facsimile 06 274 1356

Chapter 8-Imprisonment as a last Resort 183

Recommendation 105

That in providing funding to Aboriginal Legal Services Governments should recognise that Aboriginal Legal Services have a wider role to perform than their immediate task of ensuring the representation and provision of legal advice to Aboriginal persons. The role of the Aboriginal

Legal Services includes investigation and research into areas of law reform in both criminal and civil fields which relate to the involvement of Aboriginal people in the system of justice in Australia. In fulfilling this role Aboriginal Legal Services require access to, and the opportunity to conduct, research.

The Commonwealth responded:

The Commonwealth will provide additional funding for the Aboriginal Legal Services (ALS) to implement this recommendation. ALS have already been allocated an additional $2 million in 1991-9 2 in recognition of the increased demands placed on them as a result of the Royal Commission.

Resources

During the 1995-96 financial year, Aboriginal and Torres Strait Islander Legal Services received over $31.5 million in grant funding, which included special funding provided as a response to the Royal Commission Recommendations. This special funding is aimed at enhancing the services provided by Aboriginal and Torres Strait Islander Legal Services, such as investigations and research into areas of law reform.

Implementation 1995/96

In the NT, the Northern Australia Aboriginal Legal Aid Service commissioned research into patterns of sentencing of Aboriginal and non Aboriginal offenders in Territory Courts. Initial results indicate that there may be a difference in the level of penalties applied.

In SA various research activities are periodically undertaken by staff of the Aboriginal Legal Rights Movement which impact on law reform. Of particular note is the research into the development of guidelines for the attendance of Aboriginal prisoners at funerals. The Tasmanian Aboriginal Centre (T A C) is actively involved in the area of law reform and legal research. The T AC was directly involved in the drafting of the Aboriginal Lands Act 1995 and in the coordination of community discussions concerning the return of lands under the Act.

1995-96 Annual Report 184

The T AC is also involved in negotiations with the State Government over procedures connected with the Living Marine Resources Act 1995 .

Aboriginal and Torres Strait Islander Legal Services are community based organisations and as such provide effective representation of local communities. In relation to the need for law refonn or research, ATSILS undertake negotiations with relevant government agencies involved with the justice system. Most Aboriginal and Torres Strait Islander Legal

Services have been involved in investigation and research in relation to the HREOC Inquiry into the Stolen Generation.

Outcomes

A TSILS continued their involvement in research and law refonn matters. For example the National Aboriginal and Islander Legal Services Secretariat contributed towards a major seminar on Customary Law, and also attended United Nations forums in relation to human rights and native

title matters.

Another example of ATSILS' involvement in law reform was the TAC's contribution to the development of a Youth Justice Bill by providing comment on the drafting of the Bill. The preparation of a Cell Watch Manual for use by Queensland Watch Houses was initiated by the Mackay and Districts legal service. In Queensland, A TSILS staff were involved in

an inspection and assessment of Corrective Services facilities and reviewed prison programme structures.

1996/97 and Beyond

1996/97 will be the final year of the special funding earmarked for ATSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions of the A TSIC Board.

Cross references

Recommendations 106, 107, 108 and 234. Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Chapter 8-Imprisonment as a last Resort 185

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

1995-96 Annual Report 186

Recommendation 106

That Aboriginal Legal Services recognise the need for maintaining close contact with the Aboriginal communities which they serve. It should be recognised that where charges are laid against individuals there may be a conflict of interests between the rights of the individual and the interests of the Aboriginal community as perceived by that community; in such cases

arrangements may need to be made to ensure that both interests are separately represented and presented to the court. Funding authorities should recognise that such conflicts of interest may require separate legal representation for the individual and the community.

The Commonwealth responded:

The Commonwealth recognises the need to ensure that the Aboriginal Legal Service is not placed in a difficult position because of its close connection to particular communities. Where a person is legally entitled to be represented in a matter, and the Aboriginal Legal Service faces this

type of difficulty, the Commonwealth would support measures designed to provide alternative legal representation. As a matter of criminal law policy, the Commonwealth has reservations about the aspect of the recommendation which suggests that there should

be separate representation for the community and the individual in criminal matters. This conflicts with soundly based legal principles that a criminal prosecution is a matter between the interests of the society as a whole (not individual communities) and the individual.

Resources

This special funding is aimed at enhancing the services provided by Aboriginal and Torres Strait Islander Legal Services including improving their capacity to maintain close contact with local communities.

Chapter 8-Imprisonment as a last Resort 187

Implementation 1995/96

When instances of conflict between community and individuals arise, each case is considered on its merits and where appropriate referred to other legal aid providers or private practitioners.

Aboriginal and Torres Strait Islander Legal Services are community based organisations and as such provide effective representation of local communities and individual clients. Conflict matters between individuals remain a significant problem in the delivery of legal services by A TSILS.

Outcomes

State Legal Aid Commissions have reported an increase in the demand for legal aid services by Aboriginal and Torres Strait Islander people. This outcome would include those matters where conflict of interest situations have arisen within ATSILS.

1996/97 and Beyond

ATSIC has required A TSILS to implement a framework of new policies over the next twelve months. These policies are aimed at improving the effectiveness and efficiency of their operations and will include a specific policy which should enable ATSILS to address the difficulties they are presently experiencing in situations where an indigenous person is taking

action against another.

1996/97 will be the final year of the special funding earmarked for ATSILS. Continuation ofthe special Royal Commission programmes, and their level of funding , will be decisions of the ATSIC Board.

Cross references

Recommendations 105 , 107 and 108. Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

1995-96 Annual Report 188

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3168 Facsimile 06 285 3741

Human Rights and Equal Opportunity Commission

Telephone 02 9284 9756 Facsimile 02 9284 9715

Chapter 8-lrnprisonrnent as a last Res ort 189

Recommendation 107

That in order that Aboriginal Legal Services may maintain close contact with, and efficiently serve Aboriginal communities, weight should be attached to community wishes for autonomous regional services or for the regional location of solicitors and field officers.

The Commonwealth responded:

The Commonwealth recognises the Aboriginal and Torres Strait Islander Comm ission 's role to consult with Aboriginal Legal Services and with any Aboriginal community wishing to have such a service.

Resources

During the 1995/96 financial year, Aboriginal and Torres Strait Islander Legal Services received over $31.5 million in grant funding, which included special funding provided as a response to the Royal Commission recommendations. This special funding is aimed at enhancing the legal services provided to Aboriginal and Torres Strait Islander communities, which would include the establishment of regional branch offices, or autonomous local servic es.

Implementation 1995/96

The Aboriginal Legal Rights Movement in SA, which provides services on a statewide basis, is extending and expanding its activities in regional areas.

Pitjantjatjara Legal Service continues to be funded to address the community needs on the Anangu Pitjantjatjara lands.

The Tasmanian Aboriginal Centre Legal Service has branch offices in major regional centres and provides services throughout the State.

Queensland has twelve regionalised Aboriginal and Torres Strait Islander Legal Services, which have been established as a result of community wishes and to satisfy the demand for autonomous legal services. In the NT consideration is being given to the establishment of independent legal services in Nhulunbuy and Tennant Creek. A review oflegal services in the NT is currently being undertaken by ATSIC which will inquire into community demands for autonomous services.

1995-96 Annual Report 190

The Aboriginal Legal Service of W A operates out of 15 regional branch offices mostly situated in the more remote areas of the State. During the year, a review was undertaken by A TSIC of legal aid services to indigenous people in NSW. The review considered and made

recommendations on the issue of regionalisation. The ATSIC Board of Commissioners endorsed proposed regionalisation ofNSW legal services.

A TSILS are community based corporations and as such provide effective representation of local communities. Community needs and aspirations, including community wishes for autonomous regional legal services or for the regional location of solicitors and field officers, can be articulated

through A TSIC Regional Councils.

Outcomes

A significant outcome of the review of legal services for indigenous people in NSW, was the development of a framework for regionalisation of services which was considered and endorsed by ATSIC's Board of Commissioners.

Additional staff have been recruited by the T AC for improved services including visits to Flinders and Cape Barren Island.

1996/97 and Beyond

In NSW, ATSIC has established a task force to implement the regionalisation recommendations of the Review into Legal Aid Services in NSW. ATSIC will continue to consider new proposals for regionalised and expanded legal services.

1996/97 will be the final year of the special funding earmarked for A TSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions of the ATSIC Board.

Cross references

Recommendations 105, 106, 108 and 234. Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Chapter 8-Imprisonment as a last Resort 191

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

1995-96 Annual Report 192

Recommendation 108

That it be recognised by Aboriginal Legal Services, funding authorities and courts that lawyers cannot adequately represent clients unless they have adequate time to take instructions and prepare cases, and that this is a special problem in communities without access to lawyers other than at

the time of court hearings.

The Commonwealth responded:

The Commonwealth notes that, in remote areas, implementation of this recommendation will involve solicitors preceding visiting magistrates or judges in order to take proper instructions. This recommendation is also relevant to other remote area legal aid services.

Resources

including the ability of lawyers and field staff to more adequately represent clients in remote and rural communities.

Implementation 1995/96

The majority of ATSILS continue to provide legal advice and representation and other related services to the extent of the resources available to them. Additional field staff and lawyers have been recruited in an attempt to meet increased demands and to improve client services,

including in rural and remote areas.

For example the Tasmanian Aboriginal Centre reports that additional staff employed has enabled lawyers to spend more time preparing cases and also enabled lawyers to visit clients in remote localities such as Flinders and Cape Barren Island prior to court hearings.

The legal services provided in the Mount Isa area have seen a much improved pre-court accessibility by clients, particularly in the outlying communities.

Chapter 8-lmprisonment as a last Resort 193

Although additional solicitors and field officers in SA have improved the provision of general services, the amount of time spent with clients before hearings is still a matter for complaint by some clients.

A TSILS are community based corporations and as such provide effective representation of local communities. In addition, community needs and problems with the delivery of any services to the community, can be negotiated by ATSIC Regional Councils. Where there is a need to

improve the servicing of clients in certain areas, elected councillors and other community representatives negotiate with relevant agencies.

Outcomes

ATSIC and all ATSILS recognise the need to adequately represent clients and are working towards improving their systems, within the resources available to them. Particular attempts are being made to improve pre-court preparation and instruction for clients in the more remote communities.

1996/97 and Beyond

1996/97 will be the final year of the special funding earmarked for ATSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions of the A TSIC Board.

Cross references

Recommendations 105, 106, 107 and 234. Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

1995-96 Annual Report 194

Recommendation 110

That in view of the wide variety of pre-release and post-release support schemes conducted by Corrective Services authorities and other agencies and organisations in various parts of the country it is the view of the Commission that a national study designed to ascertain the best features of

existing schemes with a view to ensuring their widespread application is highly desirable. In such a study it is most important that consultation take place with relevant Aboriginal organisations.

The Commonwealth responded:

The Commonwealth considers this recommendation to be linked with Recommendations 62, 183, 184, 185, 186 and 310. While acknowledging that State and Territory Governments are responsible for correctional services, the Commonwealth accepts the proposal in Recommendation 185

that it be responsible for the development of a comprehensive national strategy designed to improve the opportunities for the education and training of those in custody. This will include: â¢ a survey of existing programs undertaken by various correctional

service agencies; â¢ the identification of shortcomings and possible initiatives that may be taken in this area; and â¢ the identification of how the existing National Aboriginal and Torres

Strait Islander Education Policy and the Aboriginal Employment Development Policy may further assist. This strategy would incorporate the other initiatives that are proposed by the Commonwealth in response to the Royal Commission, including the provision of additional vocational education funding for correctional

services and the establishment of Community Education Centres to facilitate post-release offender programs. In developing the strategy the Commonwealth will be seeking the cooperation of all States and Territories. Close consultation with relevant Aboriginal and Torres Strait

Islander organisations would also be essential. The Commonwealth has been involved in a national conference with Corrective Service authorities and education providers and will continue to seek the assistance of State and Territory Governments in identifying best practices and developing new initiatives.

The National Board of Employment, Education and Training (NBEET) has commissioned research which is expected to provide some data on current education and training provisions for Aboriginal and Torres Strait

Chapter 8-Imprisonment as a last Resort 195

Islander prisoners, although the scope of the study is more general. NBEETwill consider a further project to develop approaches to Aboriginal and Torres Strait Islander prisoner and ex-offender employment, education and training. The Australian Institute of

Criminology will raise these issues at the next meeting of the Australian and New Zealand Correctional Administrators.

Implementation 1995/96

Implemented in 1992 with publication of the report Keeping Them In, Keeping them Out. Progress on the development of a national strategy for education and training is reported in the response to Recommendation 185. Negotiations were held with the Institute of Criminology on

implementation of the report.

Outcomes

Report has been published.

1996-97 and Beyond

No further action, consultancy completed.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 203 3247 Facsimile 06 203 3194

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

1995 -96 Annual Report 196

Recommendation 114

Wherever possible, departments and agencies responsible for non custodial sentencing programs for Aboriginal persons should employ and train Aboriginal people to take particular responsibility for the implementation of such programs and should employ and train Aboriginal people to assist to educate and inform th e community as to the range and

implementation of non-custodial sentencing options.

The Commonwealth responded:

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and Training, $50 000 on a once only basis to each State and Territory to allow them to employ a consultant to develop Aboriginal employment strategies which would extend existing State and Territory Government employment strategies to agencies responsible for non-custodial sentencing programs and

correctional service agencies. For Jervis Bay the Commonwealth supports the resourcing of appropriate agencies and the participation of Aboriginal communities necessary for implementation.

Implementation 1995/96

The findings of the Royal Commission recognised the need for increased employment opportunities within non-custodial sentencing agencies such as correctional services institutions and police services. In response to Recommendation 114, 119, 174, 178, 225, 229, 230, the Commonwealth (DEETY A) made funds available to increase employment and training opportunities with State and Territory agencies. However, not all State and

Territory Governments have implemented strategies.

NSW

NSW Police Service has developed a strategy that includes a number of community activities to break down barriers and improve communication between Police and Aboriginal communities. Other activities under the strategy include a Domestic Violence Program, Social, Cultural and

educational activities and Cross Cultural Awareness Training for Police. The Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy in Corrective Services has resulted in 22 Aboriginal staff being appointed. The Strategy also included Skills/Career

Development options.

Chapter 8-lmprisonment as a last Resort 197

The Department of Corrective Services has formed an Aboriginal Resource Unit which is a program development and policy unit for Aboriginal inmates throughout NSW. The Unit is also a contact and support unit for Aboriginal staff employed within the Department. In addition, Juvenile Justice has employed 10 Aboriginal Development Officers.

Victoria

Funds were provided to Correctional Services, however no activity has taken place to date. The Victorian Police Department have appointed a Coordinator to take on responsibility for recruitment activities within the Police force. No funds have been provided to the Police to undertake this activity.

Queensland

The Commonwealth Department of Employment, Education, Training and Youth Affairs (DEETY A) are currently renegotiating a strategy in conjunction with Queensland State Corrective Services for a project to provide training opportunities with Group Training Companies for young offenders on release. It is expected that traineeships and apprenticeships will lead to permanent employment opportunities. Department of Corrective Services have also placed 2 trainees in Rockhampton. The Rockhampton Diversionary Centre has been funded to run a drug and alcohol workers' training course to commence in November 1996.

Queensland Police has appointed a coordinator to develop a new strategy for the recruitment of Aboriginal and Torres Strait Islander people into the Police Force.

Tasmania

In Tasmania, fu nds were provided to the State Police to employ a consultant to develop an Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy. Consultations are complete and the Police Department Strategy is to commence by the end of October 1996.

South Australia

Both the SA Department of Family and Community Services and the Department of Correctional Services have developed an Aboriginal and Torres Strait Islander Strategy.

1995-96 Annual Report 198

Negotiations between DEETY A and the SA State Government have commenced on the employment of a number of trainees within the State Government.

The SA Police Force has also developed a strategy. SA Police is currently negotiating with DEETY A on the implementation arrangements.

Western Australia

DEETY A W A have provided funds to the Ministry of Justice to employ a consultant to develop a strategy for recruitment, training and career development that will increase access for Aboriginal and Torres Strait Islander people to gain permanent, casual and contract employment within

the Ministry of Justice. The consultancy is to be completed in October 1996. The consultants have consulted with a wide range of Aboriginal communities and organisations in various locations throughout W A. The strategy will cover the geographic spread of employment, range of available occupations, profile of positions at all levels of the Ministry

including managerial, technical and professional positions, and the specific needs of the Ministry's indigenous client group.

Northern Territory

Funds were provided to both NT Correctional Services and the NT Police for consultancies to look at improving the involvement and employment of Aboriginal and Torres Strait Islander people and organisations in the delivery of community based correctional programs and at increasing the

employment of Indigenous people within those agencies.

A consultant was appointed to investigate the development of community based employment opportunities within NT Correctional Services. The aim was to develop strategies in order to maximise the use of non-custodial sentencing options by the courts. The consultancy was completed and a number of recommendations have been made. Employment Strategies are

negotiated with States and Territories by DEETY A at the local Area level. Consultation includes Aboriginal and Torres Strait Islander communities and organisations.

Chapter 8-Imprisonment as a last Resort 199

Outcomes

Strategies will provide a range of outcomes. These include employment, career development opportunities, community education, cultural awareness within Police Forces and support for Aboriginal inmates.

1996/97 and Beyond

DEETY A will continue to negotiate and monitor Aboriginal and Torres Strait Islander Recruitment and Career Development Strategies with State and Territory Government Agencies.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 203 3216 Facsimile 06 203 3194

1995-96 Annual Report 200

Recommendation 115

That for the purpose of assessing the efficacy of sentencing options and for devising strategies for the rehabilitation of offenders it is important that Governments ensure that statistical and other information is recorded to enable an understanding of Aboriginal rates of recidivism and the

effectiveness of various non-custodial sentencing orders and parole.

The Commonwealth responded:

The actual recording of statistical and other information is the responsibility of State and Territory corrections authorities, but the Australian Institute of Criminology (AJC) will be able to advise on the suggested research. For Jervis Bay the Commonwealth supports the resourcing of appropriate agencies and the participation of Aboriginal

communities necessary for implementation.

Resources

See program report.

Implementation 1995/96

This is essentially a matter for State and Territory corrections authorities. In 1995, the collection ofNational Prison Census data was transferred from the Australian Institute of Criminology (AI C) to the Australian Bureau of Statistics, although the AIC will continue to be involved in their analysis and interpretation. These and related statistics could form the basis of the research envisaged by this recommendation.

Outcomes

The Office of Crime Statistics, Attorney General's Department, SA, and the Crime Research Centre at the University ofWA have both conducted and published research in this area.

1996/97 and Beyond

The AIC remains willing to consult with researchers from the State and Territory corrections departments as they design research in the areas covered by the Recommendation.

Chapter 8-Imprisonment as a last Resort 201

Contact

Australian Institute of Criminology

Telephone 06 260 9200 Facsimile 06 260 9201

Department of the Environment, Sport and Territories

Telephone 06 274 1312 Facsimile 06 274 1356

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

1995 -96 Annual Report 202

Recommendation 119

That Corrective Services authorities ensure that Aboriginal offenders are not being denied opportunities for probation and parole by virtue of the lack of adequate numbers of trained support staff or of infrastructure to ensure monitoring of such orders.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this recommendation is of interest to the Commonwealth as it affects Federal offenders. The Commonwealth will make available in 1991-92 and 1992-93, through

the Department of Employment, Education and Training, $50 000 on a once only basis to each State and Territory to allow them to employ a consultant to develop Aboriginal employment strategies which would extend existing State/Territory Government employment strategies to

agencies responsible for non-custodial sentencing programs and correctional service agencies. For Jervis Bay the Commonwealth supports the resourcing of appropriate agencies and the participation of Aboriginal communities necessary for

implementation.

Resources

The Department of Employment, Education, Training and Youth Affairs contributed $50,000 to each State and Territory for the development of Strategies.

Implementation 1995/96

In response to Recommendations 114, 119, 174, 178, 225, 229 and 230, Commonwealth funding was made available to States and Territories to strengthen Aboriginal and Torres Strait Islander employment in the police, correctional and juvenile detention services, non custodial sentencing areas

and court systems. See Recommendation 114. DEETYA will continue to monitor the implementation of State strategies.

Implementation is the responsibility of States and Territories.

Extensive State and community consultations took place with the development of this program.

Chapter 8-lmprisonment as a last Resort 203

Outcomes

Refer to State and Territory annual reports for further information.

1996/97 and Beyond

Refer to State and Territory annual reports for further information.

Cross references

See response to Recommendations 114, 174, 178, 225, 229 and 230.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 203 3247 Facsimile 06 203 3194

1995-96 Annual Report 204

Recommendation 120

That Governments consider introducing an ongoing amnesty on the execution of long outstanding warrants of commitment for unpaid fines.

The Commonwealth responded:

The Commonwealth shares the concerns expressed by the Royal Commission about long outstanding warrants and accordingly supports consideration of arrangements for amnesty. This issue is complex and should be considered at a national level. The Commonwealth recognises

that automatic amnesty would be open to abuse, but there may be scope for administrative mechanisms administered by corrections agencies to convert periods of imprisonment into community service orders or in some circ*mstances amnesty. The Commonwealth will place this issue on the agenda for the next meeting of the Standing Committee of Attorneys

General.

Implementation 1995/96

The Recommendation proposed that there be an amnesty on the execution of long outstanding warrants of commitment for unpaid fines. The Commonwealth undertook to place this matter on the Standing Committee of Attorneys-General (SCAG) and a progress report was submitted to the meeting on 14 October 1992. The Commonwealth prepared an officers' paper which was considered at the SCAG meeting on 4 February 1993 .

The matter was last considered by SCAG on 21 July 1994. The Attorneys General noted progress on the implementation of the recommendation. The following jurisdictions - NSW, Victoria, Queensland, W A, SA, Tasmania, the NT and the ACT either have laws or practices relating to the non-enforcement of old warrants. The periods chosen by jurisdictions

range from 5-10 years.

In the case of federal offenders, in most instances, State and Territory fine enforcement laws apply to enforce federal fines . (Section 15A of the Crimes Act 1914) . The Commonwealth has taken measures to ensure that there is no impediment to the application of the amnesty laws and policies

to federal fine defaulters.

Outcomes

Fully implemented in all States and Territories.

Chapter 8- lmprisonment as a last Reso rt 205

1996/97 and Beyond

Progress Reports will be provided to the Standing Committee of Attorneys-General (SCAG) meetings.

Cross references

Recommendation 121

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5920

1995-96 Annual Report 206

Recommendation 121

That: a) where legislation does not already so provide Governments should ensure that sentences of imprisonment are not automatically imposed in default of payment of a fine; and b) such legislation should provide alternative sanctions and impose a

statutory duty upon sentencers to consider a defendant's capacity to pay in assessing the appropriate monetary penalty and time to pay, by instalments or otherwise.

The Commonwealth responded:

Federal enforcement of fines, including default imprisonment, time to pay, Community Service Orders, and payment by instalments, is governed by applied State/Territory law (s .15A of the Crimes Act). Section 16C of the same Act requires the court to take into account the financial

circ*mstances of the offender before imposing a fine. Australian Capital Territory laws apply to the Jervis Bay Territory. The Commonwealth will discuss with the Australian Capital Territory Government the implementation of this recommendation in Jervis Bay. The

Commonwealth notes that the Australian Capital Territory response to this recommendation states that the Australian Capital Territory is reviewing alternatives to default imprisonment.

Resources

Implementation 1995/96

The enforcement of most federal fines, including default imprisonment, time to pay, community service orders and payment by instalments, is governed by applied State/ Territory laws (s. 15A of the Crimes Act 1914). Section 16C of the Act requires the court to take into account the financial circ*mstances of the offender before imposing a fine.

A meeting between the Wreck Bay Aboriginal Community Council (WBACC), the ACT Chief Magistrate and representatives of the Department of the Environment, Sport and Territories (DEST) Regional

Chapter 8-lmprisonment as a last Resort 207

The inaugural meeting of this Committee was held on 2 February 1996, and attended by representatives from the WBACC, the AFP, DEST, ANCA and the Royal Australian Navy. The Committee also met on 14 May 1996 and plans to meet on a quarterly basis. Discussions included the development of arrangements for Community Service Orders. The operation of community service orders in the ACT was investigated in order to assess its possible application in the Jervis Bay Territory. Options for supervision of "community services" include supervision by the agency providing the work or by supervisors contracted from nearby NSW. Such administrative arrangements are yet to be finalised. Periodic Detention is also being considered but use in the Territory is likely to be restricted due to the inflexibility of the scheme and the absence of gaol

facilities in the vicinity.

As members of the Aboriginal Justice Advisory Committee, the Wreck Bay Aboriginal Community Council have been closely involved in the implementation of this recommendation. The Committee has also provided a regular forum for discussion of sentencing options between the ACT Chief Magistrate and the WBACC.

Outcomes

â¢ Establishment of Aboriginal Advisory Committee for Jervis Bay; â¢ Steps taken to accelerate the implementation of Community Service Orders in the Territory.

1996/97 and Beyond

The availability of Community Service Orders for fine default as an alternative to imprisonment, acceptable to both the WBACC and the Magistrates Court. Arrangements for Community Service Orders to be settled. Periodic Detention to be considered further. In 1996/97 the Committee has determined it will develop procedures to monitor its progress and evaluate its effectiveness.

1995 -9 6 Annual Report 208

Contact

Department of Environment, Sport and Territories

Telephone 06 274 1882 Facsimile 06 274 1356

Chapter 8-lmprisonment as a la st Resort 209

1995-96 Annual Report 210

Chapter 9

CUSTODIAL HEALTH AND SAFETY

Recommendations 122, 123, 125-127, 129-140, 142-152, 158, 160, 162, 163, 165-167

Chapter 9- Custodial Health and Safety 211

Recommendation 122

That Governments ensure that: a) Police Services, Corrective Services, and authorities in charge of juvenile centres recognise that they owe a legal duty of care to persons in their custody; b) that the standing instructions to the officers of these authorities specifY

that each officer involved in the arrest, incarceration or supervision of a person in custody has a legal duty of care to that person, and may be held legally responsible for the death or injury of the person caused or contributed to by a breach of that duty; and c) that these authorities ensure that such officers are aware of their

responsibilities and trained appropriately to meet them, both on recruitment and during their service.

The Commonwealth responded:

Th e Australian Federal Police recognises the importance of this recommendation and has implemented it through procedures and training programs.

Implementation 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in Aprill996 to replace previous ACT Regional Instructions. The spirit of both of these Regional Guidelines is:

Any person who is in police custody is to be treated with humanity, dignity and with due regard for their civil rights, and is not to be subjected to cruel, inhuman or degrading treatment. Members are also reminded that they have a duty of care towards any person in police custody.

New member training includes instruction on AFP General Orders and General Instructions. Regional Instructions and Regional Guidelines are included in Local Procedures training.

AFP training courses are subject to ongoing evaluation and review to ensure effectiveness and relevance. In addition to evaluation by instructors and management, all staffpmticipating in training courses are asked to complete a

1995-96 Annual Report 212

course evaluation questionnaire relating to, inter alia, content, effectiveness, meaningfulness, achievement of goals, and outcomes.

Such feedback is taken into account in the reviews conducted. Training is also reviewed in the light of changing organisational directions and priorities, and also legislative initiatives and amendments.

Aboriginal and Torres Strait Islander people have been involved in the development, presentation, evaluation and modification of Aboriginal Cultural Awareness training which is provided to new and existing members.

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay- through the Wreck Bay Aboriginal Community Council (WBACC)- provide the opportunity and forum for members of the community to raise matters of concern.

Outcomes

The minimal number of indigenous people processed through the Jervis Bay police cells needs to be recognised. During 1995/96, no indigenous and one non-indigenous intoxicated person were placed in protective custody. One indigenous person was charged with a criminal offence and detained in police

custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 213

Recommendation 123

Th at Police and Corrective Services establish clear policies in relation to breaches of departmental instructions. Instructions relating to the care of persons in custody should be in mandatory terms and be both enforceable and enforced. Procedures should be put in place to ensure that such

instructions are brought to the attention of and are understood by all officers and that those officers are made aware that the instructions will be enforced. Su ch instructions should be available to the public.

The Commonwealth responded:

Th e Australian Federal Police (AFP) does have clear policies in relation to this recommendation, through its General Orders and Regional In structions. These are available for scrutiny by the public. Th ey intend to formulate a National General Instruction to encompass Regional

Instruction 26/91 to ensure equivalent standards of care and treatment for all persons arrested by AFP members.

Implementation 1995/96

Under AFP (Discipline) Regulations, severe sanctions, including disciplinary, termination of appointment, civil and in serious cases, criminal action are readily available should a member or staff member of the AFP contravene or fail to comply with General Orders, General Instructions, as well as Regional Instructions and Regional Guidelines.

New member training includes instruction on AFP General Orders and General Instructions. Regional Instructions and Regional Guidelines are included in Local Procedures training.

AFP training courses are subject to ongoing evaluation and review to ensure effectiveness and relevance. In addition to evaluation by instructors and management, all staff participating in training courses are asked to complete a course evaluation questionnaire relating to, inter alia, content, effectiveness,

informative, achievement of goals, and outcomes. Such feedback is taken into account in the reviews conducted. Training is also reviewed in the light of changing organisational directions and priorities, and also legislative initiatives and amendments.

1995-96 Annual Report 214

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay- through the Wreck Bay Aboriginal Community Council (WBACC) - provide the opportunity and forum for members of the community to raise matters of concern.

Outcomes

Monitoring of compliance is through on-line supervision and is ongoing. In addition, breaches may also be highlighted as a result of complaints made by members of the public. These are investigated by the AFP Internal Investigation Division and reviewed by the Commonwealth Ombudsman in accordance with the provisions of the Complaints (AFP) Act 1981.

custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757 621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 215

Recommendation 125

That in all jurisdictions a screening form be introduced as a routine element in the reception of persons into police custody. The effectiveness of such forms and of procedures adopted with respect to the completion of such should be evaluated in the light of the experience of the use of such forms in

other jurisdictions.

The Commonwealth responded:

The Australian Federal Police is currently developing a screening form, recognising that it is no substitute for adequately trained and alert custodial staff- particularly for short-term care.

Implementation 1995/96

A screening form has been in use in the Jervis Bay Territory for approximately four years. Since the introduction of the on-line charging system in the Jervis Bay Territory in July 1995, Jervis Bay police have also been using the questionnaires incorporated in the system which includes a series of questions for the arresting officer to complete regarding his/her visual assessment of a detainee's health/medical condition, and provides for the detainee to be asked a series of questions about his/her medical requirements by the OIC of the Watch House.

Representatives of the Wreck Bay Aboriginal Community Council (WBACC) were not consulted during the development of the programme for the On Line Charging system in the ACT. However, WBACC and the South Coast Aboriginal Legal Service were consulted about the introduction of on-line charging in the Jervis Bay Territory.

Outcomes

It is proposed that use of the manual screening form will be discontinued once the teething problems being experienced in Jervis Bay with the on-line charging system have been resolved.

1995-96 Annua l Report 216

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 275 7733

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

Chapter 9- Custodial Health and Safety 217

Recommendation 126

That in every case of a person being taken into custody, and immediately before that person is placed in a cell, a screening form should be completed and a risk assessment made by a police officer or such other person, not being a police officer, who is trained and designated as the person responsible for the completion of such forms and the assessm£;nt of prisoners. The assessment of a detainee and other procedures relating to

the completion of the screening form should be completed with care and thoroughness.

The Commonwealth responded:

The Commonwealth considers that a risk assessment of a person in custody should be made by a Police Officer or other trained person prior to that person being placed in a cell. There is some concern that too much reliance may be placed on a screening form alone as a method of risk assessment. Existing Administrative In struments ensure that responsibility for the care

and welfare of the prisoners rests with the officer-in-charge of the watch house.

Implementation in 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in April1996 to replace previous ACT Regional Instructions.

1996/97 and Beyond

Cross references

125

1995-96 Annual Report 218

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 219

Recommendation 127

That Police Services should move immediately in negotiation with Aboriginal Health Services and Government health and medical agencies to examine the delivery of medical services to persons in police custody. Such examination should include, but not be limited to, the following:

a) the introduction of a regular medical or nursing presence in all principal watch houses in capital cities and in such other major centres as have substantial numbers detained; b) in other lo ca tions, the establishment of arrangements to have medical

practitioners or trained nurses readily available to attend police watch houses for the purpose of identifying those prisoners who are at risk through illness, injury or self-harm at the time of reception; c) the involvement of Aboriginal Health Services in the provision of health and

medical advice, assistance and care with respect to Aboriginal detainees and the funding arrangements necessary for them to facilitate their greater involvement; d) the establishment of locally-based protocols between police, medical and

para-medical agencies to facilitate the provision of medical assistance to all persons in police custody where the need arises; e) the establishment of proper systems of liaison between Aboriginal Health Services and police so as to ensure the transfer of information relevant to

the health, medical needs and risk status of Aboriginal persons taken into police custody; and f) the development of protocols for the care and management of Aboriginal prisoners at risk, with attention to be given to the specific action to be taken

by officers with respect to the management of i. intoxicated persons;

ii. persons who are known to stiffer from illnesses such as epilepsy, iii. diabetes or heart disease or other serious medical conditions; iv. persons who make any attempt to harm themselves or who exhibit a tendency to violent, irrational or potentially self-injurious

behaviour; v. persons with an impaired state of consciousness; vi. angry, aggressive or otherwise disturbed persons; vii. persons suffering from mental illness; viii. other serious medical conditions; ix. persons in possession of or requiring access to, medication; and x. such other persons or situations as agreed.

1995-96 Annual Report 220

The Commonwealth responded:

The Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be on a negotiated fee-for-service basis.

The Commonwealth has implemented this recommendation in the following ways: a) the Australian Federal Police (AFP) has access to 24-hour medical cover in all jurisdictions; b) this has been implemented by the AFP; c) the Commonwealth will seek to negotiate with the States and Territories to

ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services, and where such services are provided by AHS, that these are provided on a negotiated fee-for-service basis; d) this has been implemented by the AFP; e) the AFP will liaise with the AHS; and f) the AFP has procedures which cover the needs of the groups referred to

and has trained its officers in their implementation.

Implementation 1995/96

In assessing the appropriateness of medical services available to persons detained in the Jervis Bay Police Station, the extent to which the cells are used needs to be recognised. During 1995/96 only one indigenous person, charged with a criminal offence, was held in custody for 19 hours pending transfer to

Belconnen Remand Centre.

Within the Jervis Bay area, medical assistance available, is as follows:

â¢ For persons requiring urgent medical attention, an ambulance would be called and the person taken to Shoalhaven District Hospital in Nowra; â¢ For non-urgent cases, the person's usual doctor or doctor of his/her

choice would be called during business hours. Outside office hours, if their usual doctor cannot be contacted, the "on-call" doctor would be called. A doctor is available 24 hours a day, 7 days a week; â¢ For minor cases, the community nurse would be contacted during

business hours if the detainee requests her presence or if it is felt she can assist in any way;

Chapter 9- Custodial Health and Safety 221

â¢ Basic first aid would be provided by AFP Jervis Bay staff, all of whom are trained and hold Advanced First Aid Certificates awarded by StJohn Ambulance; â¢ Where a person requires medication and the medication is at his/her

home, arrangements would be made to have it delivered or picked up and returned to the station. In other cases, every effort would be made to get the required medication.

The South Coast Aboriginal Medical Service is not currently involved in the care of persons detained at the Jervis Bay Police Station. However, all current arrangements for medical services at Jervis Bay have been advised to the Wreck Bay Aboriginal Community Council, the South Coast Aboriginal Legal Service and the South Coast Aboriginal Medical Service. No alterations or additions were requested by any of the services.

The AFP ACT Region acknowledges the spirit of this recommendation and recognises the need to be specially aware of the particular requirements for Aboriginal and Torres Strait Islander detainees. The AFP has two full -time medical practitioners and six contracted medical officers based in the ACT

who ensure prompt 24 hour attention to all detainees. This is complemented by Watch House Sergeants' training in First Aid and injury or illness identification.

Negotiation was completed by the AFP and the Winnunga Nimmityjah Aboriginal Health Service. The Winnunga Nimmityjah doctor is available to attend Aboriginal and Torres Strait Islander detainees, but not always on a 24 hour basis. AFP medical officers attend in the event of doctor non availability.

Insofar as the exchange of information between the AFP and the Aboriginal Health Services (AHS) is concerned, liaison does occur between AFP Health Services Division and the AHS on general issues of interest.

Persons charged by the AFP outside the ACT and Jervis Bay are detained in State/Territory institutions. Such detainees would have access to the medical facilities and services available in accordance with the practices and procedures adopted by the institution concerned.

1995-96 Annual Report 222

Outcomes

The AFP ACT Region acknowledges the spirit of this recommendation and recognises the need to be specially aware of the particular requirements for Aboriginal and Torres Strait Islander detainees.

The AFP has two full-time medical practitioners and six contracted medical officers based in the ACT who ensure prompt 24 hour attention to all detainees. This is complemented by Watch House Sergeants' training in First Aid and injury or illness identification. In view of the geographical nature of

the ACT, which allows for quick response from medical and emergency services and that the numbers detained in ACT Watch Houses could not be regarded as substantial, the AFP considers that existing arrangements are adequate to cover any situation that may arise.

Negotiation was completed by the AFP and the W innunga Nimmityjah Aboriginal Health Service. The Winnunga Nimmityjah doctor is available to attend to Aboriginal and Torres Strait Islander detainees, but not always on a 24 hour basis. AFP medical officers attend in the event of the doctors non

availability.

With regard to the exchange ofinfonnation between the AFP and Winnunga Nimmityjah, liaison occurs between AFP Health Services Division and Winnunga Nimmityjah on general issues of mutual interest. However, issues of confidentiality preclude the exchange of information about specific

detainees.

1996/97 and Beyond

Contact

Australian Federal Police-Malunggang Aboriginal and Torres Strait Islander Unit Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 223

Recommendation 129

That the use of breath analysis equipment to test the blood alcohol levels at the time of reception of persons taken into custody be thoroughly evaluated by Police Services in consultation with Aboriginal Legal Services, Aboriginal Health Services, health departments and relevant agencies.

The Commonwealth responded:

The Commonwealth considers that this recommendation should apply generally to all persons taken into custody. Any evaluation should involve representatives from Legal Aid Commissions, Law Societies and Bar Associations.

There is currently no formal or informal procedures by which the Australian Federal Police watch house staff use breath analysis equipment to assist with evaluating the behaviour and level of intoxication of detainees. Although alcometers are available at all police stations, the test is a matter for the Sergeant and whether the detainee is willing and able to undergo a screening test. The use of alcometers will be monitored.

Implementation 1995/96

Alcolmeters are not being used by AFP members in the Jervis Bay Territory at the time of reception of persons into custody.

The AFP has not yet finalised its position on the use of breath analysis or other equipment to test the blood alcohol levels of persons taken into custody. The feasibility of using such equipment was the subject of discussions between the AFP's Health Services Division, AFP ACT Region and the ACT Aboriginal Health Services doctor in early 1992. At that time it was considered that it was not appropriate to use such equipment because it may cause police to overlook some more serious medical condition if a positive reading for alcohol was obtained.

Since that meeting, AFP Health Services Division has revised its previous position on the issue and believes the advantages may outweigh the disadvantages. The AFP has assessed the results of research commissioned by the Queensland Police Service and conducted a 3 month trial in the ACT Watch House during early to mid 1996.

1995-96 Annual Report 224

In preparing the breath analysis trial and associated survey instruments, the AFP consulted with watch house members, ACT Aboriginal Police Liaison Committee, Aboriginal Health Services, and AFP Health Services doctors.

Outcomes

Results of the trial will be finalised and reported on in 1996/97 . Once the results have been determined, the AFP will consider the appropriateness of such equipment in both the ACT and Jervis Bay Territories.

It is proposed that once the results are finalised, the matter will be discussed with the Wreck Bay Aboriginal Community Council and relevant Aboriginal organisations such as the Aboriginal Legal Service and Aboriginal Health Services before a final decision is reached.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 225

Recommendation 130

That: a) protocols be established for the transfer between Police and Corrective Services of information about the physical or mental condition of an Aboriginal person which may create or increase the risks of death or

injury to that person when in custody; b) in developing such protocols, Police Services, Corrective Services and health authorities with Aboriginal Legal Services and Aboriginal Health Services should establish procedures for the transfer of such

information and establish necessary safeguards to protect the rights of privacy and confidentiality of individual prisoners to the extent compatible with adequate care; and c) such protocols should be subject to relevant ministerial approval.

The Commonwealth responded:

The Commonwealth, through the Australian Federal Police (AFP) will establish the recommended protocols-there are currently no protocols as described in this recommendation, though some existing guidelines are relevant.

Implementation 1995/96

The AFP introduced a prisoner transfer form in the Australian Capital Territory (ACT) and the Jervis Bay Territory in August 1994 which will indicate to Corrective Services whether the prisoner has displayed signs of being "at risk".

In addition, the use of "In Custody Files" has been introduced at Jervis Bay. These provide for the transfer of relevant information when a person in custody is transferred into the custody of another agency. Information would include reports on any known medical conditions, mental conditions, violent tendencies or other concerns or risks that are known at the time.

A memorandum of understanding between the AFP, ACT Corrective Services, ACT Juvenile Justice Service and NSW Department of Corrective Services to formalise the procedures was developed during 1995/96 in consultation with the Aboriginal Legal Service, the Aboriginal Heath Service, and the ACT Aboriginal/Police Liaison Committee.

The Memorandum ofUnderstanding, which was signed by the parties in May & June 1996, comes into effect from 1 July 1996.

1995-96 Annual Report 226

The Wreck Bay Aboriginal Community Council, the South Coast Aboriginal Legal Service and the Aboriginal Health Service were forwarded a copy of the Memorandum of Understanding for comment.

Outcomes

The AFP, through the implementation of the above protocols, continues to meet the requirements of the recommendation, apropos the transfer of information from police to Corrective Services.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 227

Recommendation 131

That where police officers in charge of prisoners acquire information relating to the medical condition of a prisoner, either because they observe that condition or because the information is voluntarily disclosed to them, such information should be recorded where it may be accessed by any other police officer charged with the supervision of that prisoner. Such information should be added to the screening form referred to in Recommendation 126 or filed in association with it.

The Commonwealth responded:

Current Australian Federal Police procedures demand both assessment and recording of medical conditions (Australian Capital Territory Region Instructions 22191 and 26191- these apply to Jervis Bay). The duty of care owed to each prisoner is renewed with each change of watch house staff

The Commonwealth notes that whilst it supports this recommendation for those prisoners unable to care for themselves (for example, due to intoxication), there are privacy implications.

Implementation 1995/96

Both On-line Charging and manual screening forms, together with ACT Regional Guidelines 4/96 & 5/96, ensure that information about a prisoner's medical condition is readily accessible by police involved in the supervision of that prisoner. In all circ*mstances, a notation shall be made on the computerised On-Line Charging system.

Persons charged by the AFP outside the ACT and Jervis Bay are detained in State/Tenitory institutions. Such detainees would have access to the medical facilities and services available in accordance with the practices and procedures adopted by the institution concerned. The South Coast Aboriginal Medical Service is not currently involved in the care of persons detained at the Jervis Bay Police Station. However, all current arrangements for medical services at Jervis Bay have been advised to the Wreck Bay Aboriginal Community Council, the South Coast Aboriginal Legal Service and the South Coast Aboriginal Medical Service. No alterations or additions were requested by any of the services.

1995-96 Annual Report 228

Outcomes

In assessing the appropriateness of medical services available to persons detained in the Jervis Bay Police station, the extent to which the cells are used needs to be recognised. During 1995/96, only 2 persons were placed in custody. One for 7 hours 20 minutes and the other for 19 hours pending transfer to Belconnen Remand Centre.

1996/97 and Beyond

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 229

Recommendation 132

That: a) police instructions should require that the officer-in-charge of an outgoing shift draw to the attention of the officer-in-charge of the incoming shift any information relating to the wellbeing of any prisoner or detainee and, in

particular, any medical attention required by any prisoner or detainee; b) a written check list should be devised setting out those matters which should be addressed, both in writing and orally, at the time of any such handover of shift; and c) Police Services should assess the need for an appropriate form or process

of record keeping to be devised to ensure adequate and appropriate notation of such matters.

The Commonwealth responded:

a) The Australian Federal Police (AFP) Australian Capital Territory Regional Instructions require the officers in charge of the watch house to satisfY him/herself as to the welfare of the prisoners in his or her charge. However, the AFP intend to amend the Regional Instructions to specifically cater for medical information being brought to the attention of the relieving officers in charge. b) This will be implemented as part of the revised Regional Instructions. c) The AFP consider that an appropriate form would be advantageous, as all

officers in charge of watch houses are required to ensure uniformity of criteria, ensuring that no matter relating to the wellbeing and medical condition of the prisoner is overlooked. The AFP are willing to assist in developing an appropriate form of record keeping.

Implementation 1995/96

It is current policy for the outgoing OIC of the Watch House to brief the relieving OIC of the Watch House of the well being of, and any medical attention required by, each detainee.

Outcomes

1995-96 Annual Report 230

custody for 19 hours before being transferred to the Belconnen Remand Centre. In both these instances, the above Regional Guideline were adhered to .

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 231

Recommendation 133

That: a) all police officers should receive training at both recruit and in-service levels to enable them to identifY persons in distress or at risk of death or injury through illness, injury or self-harm; b) such training should include information as to the general health status of

the Aboriginal population, the dangers and misconceptions associated with intoxication, the dangers associated with detaining unconscious or semi rousable p ersons and the specific action to be taken by officers in relation to those matters which are to be the subject of protocols referred to in Recommendation 127; c) in designing and delivering such training programs custodial authorities

should seek the advice and assistance a/Aboriginal Health Services and Aboriginal Legal Services; and d) where a police officer or other person is designated or recognised by a police service as being a person whose work is dedicated wholly or

substantially to cell guard duties then such person should receive a more intensive and specialised training than would be appropriate for other officers.

The Commonwealth responded:

The Commonwealth is implementing this recommendation in the following ways: a) Australian Federal Police (AFP) officers are trained in identifYing persons in distress or at risk. b) The AFP is implementing the training requirements of this

recommendation. c) The AFP will liaise with Aboriginal Health and Legal Services. d) Implemented by the AFP

Implementation 1995/96

1995-96 Annual Report 232

Within these guidelines, a 'person at risk' is identified as:

â¢ a person is considered to be a person at risk where he/she by his/her antecedents has shown a propensity to harm him/herself or others, or that during the time a person has been in police custody, the arresting officer, member, or any other person believes that the person in custody could harm him/herself or another. If there is any doubt about a person in custody he/she is to be treated as a person at

risk.

New member training includes instruction on AFP General Orders and General Instructions. Regional Instructions and Regional Guidelines are included in local procedure training. The context of training programs are kept under review by AFP Health Services and Education & Training.

Watch House Sergeants have been appropriately instructed by AFP Health Services Division, in particular in resuscitation and in the recognition of systems of drug and alcohol abuse. All Jervis Bay police dedicated wholly or substantially to cell guard duties are aware of the provisions of the above Regional Guidelines, as well as all of whom are trained and hold Advanced

First Aid Certificates awarded by StJohn Ambulance.

An outline of First Aid training undertaken by AFP members was provided to the Aboriginal Health Services (AHS) doctor during discussions in early 1992 between AFP Health Services Division, AFP ACT Region and the AHS doctor on a number of issues raised by the recommendations of the Royal Commission. The AHS doctor had no difficulties with the general thrust of the training provided.

Service and the South Coast Aboriginal Medical Service. No alterations or additions were requested by any of the services.

Outcomes

Current new member training courses include a segment on first aid. In the future, those people applying to join the AFP, will be required to be First Aid Certificated in order to progress through the selection process.

Chapter 9- Custodial Health and Safety 233

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 127

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 234

Recommendation 134

That police instructions should require that, at all times, police should interact with detainees in a manner which is both humane and courteous. Police authorities should regard it as a serious breach of discipline for an officer to speak to a detainee in a deliberately huriful or provocative

manner.

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. Further, behaviour of this kind would be a serious breach of the AFP Disciplinary Regulations (rr. 3 and 18(1) (d) to (g) and could result in the loss of rank or dismissal. Any such breach will be pursued with vigour. The AFP will review its national procedures with a

view to implementing this recommendation.

Implementation 1995/96

Outcomes

The minimal number of indigenous people processed through Jervis Bay police cells needs to be recognised. During 1995/96, no indigenous and one non-indigenous intoxicated person were placed in protective custody. One indigenous person was charged with a criminal offence and detained in custody for 19 hours before being transferred to Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 123

Chapter 9- Custodial Health and Safety 235

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 236

Recommendation 135

In no case should a person be transported by police to a watch house when that person is either unconscious or not easily roused. Such persons must be immediately taken to a hospital or medical practitioner or, if neither is available, to a nurse or other person qualified to assess their health.

The Commonwealth responded:

This is addressed by the Australian Federal Police (AFP) Australian Capital Territory Regional In struction 22. The AFP will review its national procedures.

Implementation 1995/96

Outcomes

custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor th is recommendation.

Cross references

Recommendation 136

Chapter 9- Custodial Hea lth and Safety 237

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 238

Recommendation 136

That a person found to be unconscious or not easily rousable whilst in a watch house or cell must be immediately conveyed to a hospital, medical practitioner or a nurse. (Where quicker medical aid can be summoned to the watch house or cell or there are reasons for believing that movement

may be dangerous for the health of the detainee, such medical attendance should be sought.)

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures.

Implementation 1995/96

Outcomes

Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 135

Chapter 9- Custodial Health and Safety 239

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 240

Recommendation 137

That: a) police instructions and training should require that regular, careful and thorough checks of all detainees in police custody be made; b) during the first two hours of detention, a detainee should be checked at

intervals of not greater than fifteen minutes and that thereafter checks should be conducted at intervals of no greater than one hour; c) notwithstanding the provision of electronic surveillance equipment, the monitoring of such persons in the periods described above should at all

times be made in person. Where a detainee is awake, the check should involve conversation with that person. Where the person is sleeping the officer checking should ensure that the person is breathing comfortably and is in a safe posture and otherwise appears not to be at risk. Where there is any reason for the inspecting officer to be concerned about the physical or mental condition of a detainee, that person should be woken

and checked; and d) where any detainee has been identified as, or is suspected as being a prisoner at risk then the prisoner or detainee should be subject to checking which is closer and more frequen t than the standard.

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures.

Implementation 1995/96

ACT Regional Instructions.

Outcomes

The practice in the Jervis Bay police station is for detainees to be personally checked by duty officers every 10 minutes.

Chapter 9- Custodial Health and Safety 241

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 138

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Atmual Report 242

Recommendation 138

That police instructions should require the adequate recording, in relevant journals, of observations and information regarding complaints, requests or behaviour relating to mental or physical health, medical attention offered and/or provided to detainees and any other matters relating to the

wellbeing of detainees. Instructions should also require the recording of all cell checks conducted.

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures.

Implementation 1995/96

ACT Regional Instructions.

Outcomes

custody for 19 hours before being transferred to the Belconnen Remand Centre.

In other national AFP Regions, this recommendation has application through State/ NT Watch Houses.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 13 7

Chapter 9- Custodial Health and Safety 243

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 244

Recommendation 139

The Commission notes recent moves by Police Services to install TV monitoring devices in police cells. The Commission recommends that: a) the emphasis in any consideration of proper systems for surveillance of those in custody should be on human interaction rather than on high

technology. The psychological impact of the use ofsuch equipment on a detainee must be borne in mind, as should its impact on that person 's privacy. It is preferable that police cells be designed to maximise direct visual surveillance. Where such equipment has been installed it should

be used only as a monitoring aid and not as a substitute for human interaction between the detainee and his or her custodians; and b) police instructions specifically direct that, even where electronic monitoring cameras are installed in police cells, personal cell checks be

maintained.

The Commonwealth Responded:

This is addressed by the Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures. Funding has been provided to implement this recommendation at the Jervis Bay cells.

Implementation 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in Aprill996 to replace previous ACT Regional Instructions. Prior to implementing, comments on ACT Regional Guideline 4/96 (Protection of Persons in Police Custody) and 5/96

(Watch House) were sought from the Wreck Bay Aboriginal Community Council WBACC) and the ACT Aboriginal and Torres Strait Islander Council's Police Sub Committee. WBACC was involved in the design of the new Jervis Bay police station.

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay- through WBACC- provide the opportunity and forum for members of the community to raise matters of concern.

Chapter 9- Custodial Health and Safety 245

Outcomes

In other national AFP Regions, this recommendation has application through State/ NT Watch Houses. While the new police station at Jervis Bay has surveillance equipment to monitor persons in the cells, personal physical checks are regularly made. The practice in the Jervis Bay Territory is for detainees to be checked every 10 minutes.

These checks would involve conversation with the detainee if he/she is awake and not otherwise occupied, or, if asleep, checking whether the person is breathing by observing the movement of his/her chest. These checks are in addition to electronic surveillance.

1996/97 and Beyond

The AFP recently underwent major stmctural changes. In order to support these changes, the AFP is reviewing guidelines, policies and procedures to reflect the nature of the changes, as well as meeting the needs of the community. The AFP will continue to monitor this recommendation.

Cross references

Recommendations 140, 142

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 246

Recommendation 140

That as soon as practicable, all cells should be equipped with an alarm or intercom system which gives direct communication to custodians. This should be pursued as a matter of urgency at those police watch houses where surveillance resources are limited

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures. Funding has been provided to implement this recommendation at the Jervis Bay cells.

Implementation 1995/96

Both cells in the new Jervis Bay Police Station are equipped with a clearly marked intercom/alarm to enable detainees to gain the attention of, and talk with, Station staff.

The Jervis Bay Administration (regional office ofDEST) maintains close relationships with th e AFP in the Territory. The issues raised in this Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee.

Representatives of the Wreck Bay Aboriginal Community Council (WBACC) were consulted on the design of the building. Existing consultative arrangements between police and the Aboriginal community in Jervis Bay through WBACC - provide the opportunity and forum for members of the

community to raise matters of concern.

Outcomes

In other national AFP Regions, this recommendation has application through State/ NT Watch Houses.

Centre.

Chapter 9- Custodial Health and Safety 247

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 139 and 142

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 248

Recommendation 142

That the installation and/or use of padded cells in police watch houses for punitive purposes or for the management of those at risk should be discontinued immediately.

The Commonwealth responded:

The Australian Federal Police will implement this recommendation both at the national level and at Jervis Bay, but notes that a different policy will apply in the Australian Capital Territory.

Implementation 1995/96

Cells in the ACT have been redesigned and a central facility developed. Two 'persons at risk' cells have been retained in this central facility. The AFP uses State/Territory police facilities outside of the ACT, Jervis Bay and the external Territories.

Representatives of the Wreck Bay Aboriginal Community Council (WBACC) were consulted on the design of the Jervis Bay Police Station. Representatives of the ACT Aboriginal and Torres Strait Islander Advisory Council's Police Sub-Committee were consulted on the design of the ACT facilities.

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay - through WBACC - provide the opportunity and forum for members of the community to raise matters of concern.

Outcomes

The new Jervis Bay Police Station complex does not have a padded cell, nor has such a cell been included in the designs for the new stations to be constructed in the Australian external territories of Christmas Island, Cocos (Keeling) Islands and Norfolk Island. The minimal number of indigenous people processed through the Jervis Bay police cells needs to be recognised. During 1995/96, no indigenous and one non-indigenous intoxicated person

were placed in protective custody.

Chapter 9- Custodial Health and Safety 249

One indigenous person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 139, 140

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 250

Recommendation 143

All persons taken into custody, including those persons detained for intoxication, should be provided with a proper meal at regular meal times. The practice operating in some jurisdictions of excluding persons detained for intoxication from being provided with meals should be reviewed as a

matter of priority.

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national procedures. This recommendation is also underpinned by the Commonwealth Crimes (Investigation of Commonwealth Offences) Act

1991.

Implementation 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in April 1996 to replace previous ACT Regional Instructions.

Outcomes

In other national AFP Regions, this recommendation has application through State/ NT Watch Houses and relies on their faciliti es and procedures. The minimal number of indigenous people processed through the Jervi s Bay police cells needs to be recognised. During 1995/96, no indigenous and one non

indigenous intoxicated person were placed in protective custody. One indigenous person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Chapter 9- Custodial Health and Safety 251

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 252

Recommendation 144

That in all cases, unless there are substantial grounds for believing that the wellbeing of the detainee or other persons detained would be prejudiced, an Aboriginal detainee should not be placed alone in a police cell. Wherever possible an Aboriginal detainee should be accommodated with another

Aboriginal person. The views of the Aboriginal detainee and such other detainee as may be affected should be sought. Where placement in a cell alone is the only alternative the detainee should thereafter be treated as a person who requires careful surveillance.

The Commonwealth responded:

The Commonwealth will comply with this recommendation once it completes construction of new cells at Jervis Bay. Funding was provided in the 1991-92 Budget.

Implementation 1995/96

One of the cells in the Jervis Bay Police Station complex is large enough to accommodate two people in custody or to allow a "friend" to stay in the cell if the detainee wishes it. Where it is necessary to place an Aboriginal detainee in the cells alone, he/she would be treated as a person falling into a special risk

category.

Outcomes

In other national AFP Regions, this recommendation has application through State/ NT Watch Houses. Current practice in the Jervis Bay Territory is to physically check detainees every 10 minutes in addition to electronic surveillance. In addition, detainees are able to see into the Constables' working area, thus giving them a sense of closeness to other people rather than

a sense of isolation.

Chapter 9- Custodial Health and Safety 253

One indigenous person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 149

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 254

Recommendation 147

That police instructions should be amended to make it mandatory for police to immediately notify the relatives of a detainee who is regarded as being 'at risk', or who has been transferred to hospital.

The Commonwealth responded:

The Australian Federal Police Australian Capital Territory Regional Instruction 22 covers this recommendation and it applies to Jervis Bay.

Implementation 1995/96

Outcomes

It is standard policy at Jervis Bay to inform a relative of anyone conveyed to hospital. In other national AFP Regions, this recommendation has application through State/ NT Watch House facilities and procedures.

custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 255

Recommendation 149

That Police Services should recognise, by appropriate instructions, the need to permit flexible custody arrangements which enable police to grant greater physical freedoms and practical liberties to Aboriginal detainees. The Commission recommends that the instructions acknowledge the fact

that in appropriate circ*mstances it is consistent with th e interest of the public and also the wellbeing of detainees to permit some freedom of movement within or outside the confines of watch houses.

The Commonwealth responded:

The Australian Federal Police already has flexible custody arrangements and will have an en hanced capacity to implement this recommendation following the construction of the new Jervis Bay cells which were funded in the 1991-92 Budget.

Implementation 1995/96

The Jervis Bay Police station and cells were constructed in 1992/93 and meet all of the requirements of the Royal Commission recommendations.

The new Jervis Bay Police Station enables the Watch House keeper to provide maximum flexibility within the confines of the Watch House area. Ifthere is only one person in custody and that person's demeanour is reasonable, the cell door may be left open, thus giving him/her freedom to also use the exercise room. Whilst this flexibility has not been extended to allowing detainees outside the Station, consideration will be given to the feasibility of such an option for suitable detainees as the circ*mstances arise. Safety aspects and the availability of staff to supervise the detainee are among the issues to be considered.

The Wreck Bay Aboriginal Community Council (WBACC) was consulted in the construction of the Jervis Bay Police Station.

The Jervis Bay Administration (regional office of the DEST) maintains close relationships with the AFP personnel in the Territory. The issues raised in this Recommendation are considered at the periodic meetings of the Aboriginal Justice Advisory Committee.

1995-96 Annual Report 256

Outcomes

Only two persons were in custody in the 1995/96 period; any further arrangements, other than the existing flexibi lity, would be excessive.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 144

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 257

Recommendation 150

That th e health care available to persons in correctional institutions should be of an equivalent standard to that available to the general public. Services provided to inmates of correctional institutions should include medical, dental, mental health, drug and alcohol services provided either within the correctional institution or made available by ready access to community facilities and services. Health services provided within correctional institutions should be adequately resourced and be staffed by appropriately qualified and competent personnel. Such services should be both accessible and appropriate to Aboriginal prisoners. Correctional institutions should provide 24-hour a day access to medical practitioners and nursing staff who are either available on the premises, or on call.

The Commonwealth responded:

Th e Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be on a negotiated fee-for-service

basis.

Resources

Department of Health and Family Services

The provision of health services to correctional institutions is a State/Territory responsibility.

Implementation 1995/96

The provision of health services to correctional institutions is a State/ Territory responsibility. Of relevance, however, are the Commonwealth/State Agreements which have been negotiated with the States and Territories and which include ATSIC, the National Aboriginal Community Controlled Health Organisation (NACCHO) and, generally, its State/Territory affiliates.

The Agreements provide a co-operative framework for improving Aboriginal and Torres Strait Islander health and under section 3.9 of the Agreements the parties agree to enhance mainstream health service delivery

1995-96 Annual Report 258

through joint planning which will, amongst other things, "give priority to the issue of the health status of Aboriginal and Torres Strait Islander prisoners and report on action that they are taking to improve their health status, including employment of Aboriginal and Torres Strait Islander health and substance misuse workers and other staff in accordance with the Royal

Commission into Aboriginal Deaths in Custody recommendations".

Negotiation on specific service delivery issues is the responsibility of the States and Territories.

State/Territory forums will be established under the terms of the Agreements. Membership of the forums includes representatives from the community controlled sector, A TSIC, State/Territory health agencies and the Commonwealth Department of Health and Family Services. These

forums have a key role in overseeing the implementation ofthe commitments made within each Agreement

Outcomes

Outcomes on specific service delivery issues are the responsibility of the States and Territories.

Negotiation of Commonwealth/State Agreements completed. Six Agreements signed as at end November 1996.

1996/97 and Beyond

Specific service delivery issues are the responsibility of the States and Territories. Joint planning under the Agreements will be occurring from late 1996.

Cross references

Recommendations 151 and 152

Contact

Department of Health and Family Services

Telephone 06 289 7880 Facsimile 06 289 4370

Chapter 9- Custodial Health and Safety 259

Recommendation 151

That, wherever possible, Aboriginal prisoners or detainees requiring psychiatric assessment or treatment should be referred to a psychiatrist with knowledge and experience of Aboriginal persons. The Commission recognises that there are limited numbers of psychiatrists with such

experience. The Commission notes that, in many instances, medical practitioners who are or have been employed by Aboriginal Health Services are not specialists in psychiatry, but have experience and knowledge which would benefit inmates requiring psychiatric assessment or care.

The Commonwealth responded:

basis. The Australian Federal Police will maintain at all police stations lists of psychiatrists having the knowledge and experience referred to. Police stations will also keep lists of AHS.

Implementation 1995/96

Overall responsibility for the provision of health services in prisons is a State/Territory responsibility.

Australian Federal Police

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under the Act Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in Aprill996 to replace previous ACT Regional Instructions.

All current arrangements for medical services at Jervis Bay have been advised to the Wreck Bay Aboriginal Community Council, the South Coast Aboriginal Legal Service and the South Coast Aboriginal Medical Service. No alterations or additions were requested by the services.

1995-96 Annual Report 260

Outcomes

During 1995/96 only one Indigenous person, charged with a criminal offence, was held in custody for 19 hours pending transfer to Belconnen Remand Centre.

1996/97 and Beyond

Continued implementation of the Regional Guidelines.

Cross references

Recommendations 150 and 152

Contact

Department of Health and Family Services

Telephone 06 289 7880 Facsimile 06 289 4370

Contributing Agencies

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3028 Facsimile 06 282 3601

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 287 0309 Facsimile 06 287 0336

Chapter 9- Custodial Health and Safety 261

Recommendation 152

That Corrective Services in conjunction with Aboriginal Health Services and other bodies as appropriate should review the provision of health services to Aboriginal prisoners in correctional institutions and have regard to, and report the following matters together with other matters thought appropriate: a) the standard of general and mental health care available to Aboriginal

prisoners in each correctional institution; b) the extent to which services provided are culturally appropriate for and are used by Aboriginal inmates. Particular attention should be given to drug and alcohol treatment, rehabilitative and preventative education

and counselling programs for Aboriginal prisoners. Such programs should be provided, where possible, by Aboriginal people; c) the involvement of Aboriginal Health Services in the provision of general and mental health care to Aboriginal prisoners; d) the development of appropriate facilities for the behaviourally

disturbed; e) the exchange of relevant information between prison medical staff and external health and medical agencies, including Aboriginal Health Services, as to risk factors in the detention of any Aboriginal inmate,

and as to the protection of the rights of privacy and confidentiality of such inmates so far as is consistent with their proper care; f) the establishment of detailed guidelines governing the exchange of information between prison medical staff, corrections officers and

corrections administrators with respect to the health and safety of prisoners. Such guidelines must recognise both the rights of prisoners to confidentiality and privacy and the responsibilities of corrections officers for the informed care of prisoners. Such guidelines must also be public and be available to prisoners; and g) the development of protocols detailing the specific action to be taken by

officers with respect to the care and management of I. persons identified at the screening assessment on reception as being at risk or requiring any special consideration for whatever reason;

II. intoxicated or drug affected persons, or persons with drug or alcohol related conditions; III. persons who are known to suffer from any serious illnesses or conditions such as epilepsy, diabetes or heart disease; IV persons who have made any attempt to harm themselves or who

exhibit, or are believed to have exhibited, a tendency to violent, irrational or potentially self-injurious behaviour;

1995-96 Annual Report 262

V. apparently angry, aggressive or disturbed persons;

VI. persons suffering from mental illness; VII. other serious medical conditions; VIII.persons on medication; and IX such other persons or situations as agreed.

The Commonwealth responded:

basis.

Resources

Department of Health and Family Services

The provision of health services to correctional institutions is a State/Territory responsibility.

Implementation 1995/96

The provision of health services to correctional institutions is a State/ Territory responsibility. Of relevance, however, are the Commonwealth/State Agreements which have been negotiated with the States and Territories and which include A TSIC, the National Aboriginal Community Controlled Health Organisation (NACCHO) and, generally, its

State/Territory affiliates. The Agreements provide a co-operative framework for improving Aboriginal and Torres Strait Islander health and under section 3.9 of the Agreements the parties agree to enhance mainstream health service delivery through joint planning which will, amongst other things, "give priority to the issue ofthe health status of Aboriginal and Torres Strait Islander prisoners and report on action that they are taking to improve their health status, including employment of

Aboriginal and Torres Strait Islander health and substance misuse workers and other staff in accordance with the Royal Commission into Aboriginal Deaths in Custody recommendations".

Negotiation on specific service delivery issues is the responsibility of the States and Territories.

Chapter 9- Custodial Health and Safety 263

State/Territory forums will be established under the terms of the Agreements. Membership of the forums includes representatives from the community controlled sector, ATSIC, State/Territory health agencies and the Commonwealth Department of Health and Family Services. These forums have a key role in overseeing the implementation of the commitments made within each Agreement

Outcomes

Outcomes in relation to specific service delivery issues are the responsibility ofthe States and Territories.

Negotiation of Commonwealth/State Agreements completed. Six Agreements signed as at end November 1996.

1996/97 and Beyond

Specific service delivery issues are the responsibility of the States and Territories.

Joint planning under the Agreements will be occurring from late 1996.

Cross references

Recommendations 151 and 152

Contact

Department of Health and Family Services

Telephone 06 289 5285 Facsimile 06 289 1412

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3149 Facsimile 06 282 4553

1995-96 Annual Report 264

Recommendation 158

That, while recognising the importance of preserving the scene of a death in custody for forensic examination, the first p riority for officers finding a person, apparently dead, should be to attemp t resuscitation and to seek medical assistance.

The Commonwealth responded:

The Australian Federal Police complies with this recommendation in that Australian Capital Territory procedures require the member to commence first aid, including resuscitation procedures, when needed. Th e Australian Capital Territory procedure will be extended to cover national operations.

Resources

Unable to determine at this stage

Implementation 1995/96

ACT Regional Instructions

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 265

Recommendation 160

That: a) all police and prison officers should receive basic training at recruit level in resuscitative measures, including mouth to mouth and cardiac massage, and should be trained to know when it is appropriate to

attempt resuscitation; and b) annual refresher courses in first aid be provided to all prison officers, and to those police officers who routinely have the care of persons in custody.

The Commonwealth responded:

The Australian Federal Police (AFP) has been providedfundingfor training in the 1991-92 Budget as part of the Commonwealth response to these recommendations. Th e AFP has commenced work examining the refresher course.

Resources

Unable to determine at this stage

Implementation 1995/96

Outcomes

The AFP is pleased to report that once again, there were no indigenous deaths in custody.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

1995-96 Annual Report 266

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 267

Recommendation 162

That Governments give careful consideration to la ws and standing orders or instructions relating to the circ*mstances in which police or prison officers may discharge firearms to effect arrests or to prevent escapes or otherwise. All officers who use firearms should be trained in methods of weapons retention that minimise the risk of accidental discharge.

The Commonwealth responded:

Australian Federal Police Gen era/Instruction 27(A) prescribes the circ*mstances where a firearm may be used and the carriage of munitions in prisons. It complies with the recommendation.

Implementation 1995/96

AFP General Instruction 1, Part 3- Firearms, specifies circ*mstances in which a member may discharge a firearm in the execution of their duty.

The Standard Qualifying Test for police to be deemed competent in the use of firearms, comprises of a practical test in safe weapon handling and weapon handling·skills. Members are currently required to requalify every two years.

Further, as reported in RCIADIC recommendation 61, the Australian Police Ministers Council endorsed, on 20 November 1992, National Guidelines for the Deployment ofPolice in High Risk Situations. In mid 1994, a review was commenced into the state of use afforce training and policy adopted by the AFP. In January, 1995, a review of such training was given the highest priority.

Following extensive research and consultation the completed review paper, 'Assess and re-assess: A conflict de-escalation model' (the Review) was widely circulated for comment in January 1996. Stemming from this review are 27 recommendations, which have been developed into a programme. These recommendations and programme are under consideration by the AFP's National Management Team (NMT). A response is due in mid to late 1996.

The primary means of evaluation of needs with regard to use of force training and policy involved a process of consultation and discussion. Views were canvassed from: members of the judiciary; Commonwealth Ombudsman; Community Advocate; National Police Research Unit; Mental health professionals; State police use offorce instructors; Director of Public Prosecutions; and Commonwealth Government Solicitor.

1995-96 Ann ual Report 268

When a decision is reached by the NMT, the Wreck Bay Aboriginal Community Council will be consulted as to the programme and recommendations.

Outcomes

Of the recommendations stemming from the Review, Recommendations 17-20, deals with firearms training via a revamping of the firearm qualifYing tests and redesign of the standard target.

Currently, AFP defensive skills training emphasises negotiating skills, conflict resolution, anger management and understanding of body language. The use of firearms is only one element in a range of extensive training under the banner "continuum of force" and is a tactic oflast resort.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 269

Recommendation 163

That police and prison officers should receive regular training in restraint techniques, including the application of restraint equipment. The Commission further recommends that the training of prison and police officers in the use of restraint techniques should be complemented with training which positively discourages the use ofphysical restraint methods except in circ*mstances where the use afforce is unavoidable. Restraint aids should only be used as a last resort.

The Commonwealth responded:

This is covered by existing training programs within the Australian Federal Police-these are being reviewed to ensure that they adequately address this recommendation.

Implementation 1995/96

Restraint procedures training is included in current new member (recruit) training programmes, as well as in some in-service training programmes. Defensive Tactics Instructor Courses are held and there are now a number of instructors within all AFP Regions who are able to train other AFP members in such procedures. However, the priority of such training must be assessed against other Regional training needs and workload. Further, as reported in RCIADIC recommendation 61, the Australian Police Ministers Council endorsed, on 20 November 1992, National Guidelines for the Deployment of Police in High Risk Situations. In mid 1994, a review was commenced into

the state of use of force training and policy adopted by the AFP. In January 1995 , a review of such training was given the highest priority.

Following extensive research and consultation the completed review paper, 'Assess and re-assess: A conflict de-escalation model ' (the Review) was widely circulated for comment in January 1996. Stemming from this review are 27 recommendations, which have been developed into a programme. These recommendations and programme are under consideration by AFP's National Management Team (NMT). A response is due in mid/late 96.

1995-96 Annual Report 270

professionals; State police use offorce instructors; Director of Public Prosecutions; and Commonwealth Government Solicitor.

When a decision is reached by the NMT, the Wreck Bay Aboriginal Community Council will be consulted as to the programme and recommendations.

Outcomes

Of the recommendations stemming from the Review, recommendations 7- 9 address the need for a refocus of the way in which the AFP provides in-service training to new members, in the use of force , and recommendations 10- 12 address the use of pressure points and the need for alternate methods to be

devised for dealing with subjects offering passive or defensive resistance.

Currently, AFP defensive skills training emphasises negotiating skills, conflict resolution, anger management and understanding of body language. The use of restraint techniques is only one element in a range of extensive training under the banner "continuum of force" .

1996/97 and Beyond

Cross references

Recommendation 61

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 271

Recommendation 165

Th e Commission notes that prisons and police stations may contain equipment which is essential for th e provision of services within th e institution but which may also be capable, if misused, of causing harm or self-harm to a prisoner or detainee. The Commission notes that in one case death resulted from the inhalation of fumes from a fire extinguisher. Whilst recognising the difficulties of eliminating all such items which may be potentially dangerous th e Commission recommends that Police and

Corrective Services authorities should carefully scrutinise equipment and facilities provided at institutions with a view to eliminating and/or reducing the potential for harm. Similarly, steps should be taken to screen hanging points in police and prison cells.

The Commonwealth responded:

The Australian Federal Police is reviewing the position in relation to these matters and in the case of Jervis Bay, it will ensure that the funding made available in the 1991- 9 2 Budget to update the cells will be used to ensure compliance with this recommendation.

Implementation 1995/96

The new Jervis Bay Police Station complex meets the requirements of this recommendation. However, the situation will be monitored to ensure that the station and cells remain safe, for example when new equipment is obtained or modifications are made within the complex.

Outcomes

In other national AFP Regions, this recommendation has application through State/Territory Watch House facilities and procedures.

The minimal number of indigenous people processed through the Jervis Bay police cells needs to be recognised. Dming 1995/96, no indigenous and one non-indigenous intoxicated person were placed in protective custody. One indigenous person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen Remand Centre.

1995-96 Annual Report 272

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 256 7777 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 273

Recommendation 166

That machinery should be put in place for the exchange, between Police and Corrective Services authorities, of information relating to the care of prisoners.

The Commonwealth responded:

The Australian Federal Police will ensure that this occurs at Jervis Bay and other Territories. These issues will be further addressed at relevant Ministerial and officer forums in accordance with the response to Recommendation 1.

Implementation 1995/96

At its meeting in March 1995 the Board of Control of the National Exchange of Police Information (NEPI) approved in principle a request from Corrective Services Administrators for access to the National Names Index to promote further exchange of information relating to the care of prisoners with Police.

The Memorandum of Understanding, which was signed by the parties in May & June 1996, comes into effect from 1 July 1996. The Wreck Bay Aboriginal Community Council, the South Coast Aboriginal Legal Service and the Aboriginal Health Service were forwarded a copy of the Memorandum of Understanding for comment.

1995-96 Annual Report 274

Outcomes

The AFP, through the implementation of the above protocols, continues to meet the requirements of the recommendation, apropos the transfer of information from police to Corrective Services.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 130 and 131

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 9- Custodial Health and Safety 275

Recommendation 167

That the practices and procedures operating in juvenile detention centres be reviewed in light of the principles underlying the recommendations relating to police and prison custody in this report, with a view to ensuring that no lesser standards of care are applied in such centres.

The Commonwealth responded:

The Commonwealth does not operate its own juvenile justice system. Children and young persons are dealt with for Commonwealth offences, as if the offences were against a State law (s.20 C Crimes Act 1914). The Commonwealth will raise this matter in appropriate inter governmental Ministerial.forums.

Implementation 1995/96

Refer to recommendations 2, 328-331

Outcomes

Matter for individual jurisdictions.

1996/97 and Beyond

Matter for individual States and Territories to give effect to their commitments.

Contact

Attorney-General's Department

Telephone 06 270 2550 Facsimile 06 270 2254

1995-96 Annual Report 276

Chapter 10

THE PRISON EXPERIENCE

Recommendations 171-174, 176-178, 184, 185

Chapter I 0-The Pri son Ex perience 277

Recommendation 171

The Corrective Services give recognition to the special kinship and family obligations of Aboriginal prisoners which extend Beyond the immediate family and give favourable consideration to requests for permission to attend fun eral services and burials and other occasions of very special family significance.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional sy stem, this recommendation is of interest to the Commonwealth as it affects Federal offenders.

Implementation 1995/96

The State and Territory Corrections legislation enables prisoners to be given leave of absence, with or without escort, depending on the classification of the individual prisoner, to attend funerals/burials . These State/Territory laws apply to federal offenders by virtue of s 19 AZD(l) of the Crimes Act 1914. However, permission may only be granted under State/Territory laws if the funeral is being held in the jurisdiction in which the person is serving the sentence.

Victoria proposed that each jurisdiction enact complementary legislation to enable interstate leave of absence for persons to attend funerals or burial services of relatives. The proposal would extend to all prisoners. To this effect Victoria has amended Part 8A of its Corrections Act 1986. The amendment has the effect of allowing the Director-General to issue a custodial community permit to a prisoner for leave to travel to a participating State which has laws substantially corresponding to the provisions of the Victorian Act. Implementation is a matter for the States and Territories to enact complementary legislation.

The Commonwealth supports the recognition of special kinship and family obligations of Aboriginals. The matter was considered at the May 1994 meeting of the Corrective Services Ministers.

1995-96 Annual Report 278

Ministers endorsed a policy framework as a basis for the establishment of an interstate leave of absence scheme and endorsed a national approach to the establishment of an interstate leave of absence scheme. Matter for individual juri sdi cti ons.

Outcomes

Matter for individual jurisdictions.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5920

Chapter I 0-The Prison Experience 279

Recommendation 172

That Aboriginal prisoners should be entitled to receive periodic visits from representatives of Aboriginal organisations, including Aboriginal Legal Services.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this recommendation is of interest to the Commonwealth as it affects Federal offenders.

Implementation 1995/96

Whilst the Commonwealth does not operate its own correctional system, this recommendation is of interest to the Commonwealth as it affects federal offenders. Its implementation is the responsibility of the individual States and Territories.

Outcomes

Matter for individual jurisdictions.

1996/97 and Beyond

Matter for individual jurisdictions.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5920

1995-96 Annual Report 280

Recommendation 173

That initiatives directed to providing a more humane environment through introducing shared accommodationfacilitiesfor community living, and other means should be supported, and pursued in accordance with experience and subject to security requirements.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this recommendation is of interest to the Commonwealth as it affects Federal offenders.

Implementation 1995/96

Outcomes

Matter for individual jurisdictions.

1996/97 and Beyond

Matter for individual jurisdictions.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5920

Chapter I 0-The Pri son Experience 281

Recommendation 174

That all Corrective Services authorities employ Aboriginal Welfare Officers to assist Aboriginal prisoners, not only with respect to any problems they might be experiencing inside the institution but also in respect of welfare matters extending outside the institution, and that such an officer be located at or frequently visit each institution with a significant Aboriginal population.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional sy stem, this recommendation is of interest to th e Commonwealth as it affects Federal offenders. The Commonwealth made available in 1991-92 and 1992- 93, through the Department of Employment, Education and Training, $50 000 on a once

only basis to each State and Territory to allow them to employ a consultant to develop Aboriginal employment strategies which would extend existing State and Territory Government employment strategies to agencies responsible for non-custodial sentencing programs and correctional service agencies.

The Commonwealth made funds available to State and Territory Correctional Services to employ consultants to develop Aboriginal and Torres Strait Islander Employment and Career Development Strategies.

Resources

The Department of Employment, Education ,Training and Youth Affairs contributed $50,000 to each State and Territory for the development of Strategies.

Implementation 1995-96

In response to Recommendations 114,119,174,178,225,229 and 230, Commonwealth funding was made available to States and Territories to strengthen Aboriginal and Torres Strait Islander employment in the police, correctional and juvenile detention services, non custodial sentencing areas and court systems. See Recommendation 114. DEETYA will continue to monitor the implementation of State strategies.

1995-96 Annual Report 282

The Commonwealth does not operate its own correctional system. Refer to State and Territory annual reports for further information.

Extensive State and Community consultation took place with the development of this program.

Outcomes

Refer to Recommendation 114 and State and Territory annual reports for further information.

1996 -97 and Beyond

Refer to State and Territory annual reports for further information.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 8400 Facsimile 06 240 8202

Contributing Agency

Attorney-General's Department

Telephone 06 270 2446 Facsimile 06 270 2254

Chapter I 0-The Prison Experience 283

Recommendation 176

That consideration should be given to the establishment in respect of each prison within a State or Territory of a Complaints Officer whose function is:

a) to attend at the prison at regular (perhaps weekly) intervals or on special request for the purpose ofreceivingfrom any prisoner any complaint concerning any matter internal to the institution, which complaint shall be lodged in person by the complainant; b) to take such action as the officer thinks appropriate in the

circ*mstances; c) to require any person to make enquires and report to the officer; d) to attempt to settle the complaint; e) to reach a finding (ifpossible) on the substance of the complaint and to

recommend what action if any, should be taken arising out of the complaint; and f) to report to the complainant, the senior officer of the prison and the appointing Minister (see below) the terms of the complaint, the action

taken and the findings made.

This person should be appointed by, be responsible to, and report to the Ombudsman, Attorney-General or Ministerfor Justice. Complaints receivable by this person should include, without in any way limiting the scope of complaints, a complaint from an earlier complainant that he or she has suffered some disadvantage as a consequence of such earlier complaint.

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this recommendation is of interest to the Commonwealth as it affects Federal offenders.

Implementation 1995/96

1995-96 An nu al Report 284

Outcomes

Matter for individual jurisdictions.

1996/97 and Beyond

Matter for individual jurisdictions.

Contact

Attorney-General's Department

Telephone 06 250 6671 Facsimile 06 250 5920

Chapter l 0-The Prison Experience 285

Recommendation 177

That appropriate screening procedures should be implemented to ensure that potential officers who will have contact with Aboriginal people in their duties are not recruited or retained by police and prison departments whilst holding racist views which cannot be eliminated by training or re-training programs. In addition Corrective Services authorities should ensure that all

correctional officers receive cross-cultural education and an understanding of Aboriginal-non-Aboriginal relations in the past and the present. Where possible, that aspect of training should be conducted by Aboriginal people (including Aboriginal ex-prisoners). Such training should be aimed at

enhancing the correctional officers 'skills in cross-cultural communication with, and relating to, Aboriginal prisoners.

The Commonwealth responded:

The Australian Federal Police (AFP) selection process includes psychological testing, comprehensive group selection exercises and one-to one interviews. It is felt that these procedures would generally identifY persons who are unsuitable because of extremist views.

The AFP training on cross-cultural issues cover the concerns of this recommendation.

Resources

Unable to determine at this stage

Implementation 1995/96

In the selection process conducted for the current new member training course being conducted by the AFP, applicants were required to go through a series of selection processes to detennine their suitability. This included psychological testing and participation on a days assessment centre. The assessment centre has a number of oral and written exercises and is assessed by four independent AFP representatives: including the police psychologist, equity and diversity, the region to where successful recruits will be posted and from the recruiting section. Both the psychological and assessment centre process provides a forum whereby unsuitable traits, such as racist views, can be identified. This process, including ongoing evaluation of the process, will be used for future recruitment drives.

1995-96 Annual Report 286

As a result of funding provided by the Commonwealth Government, the AFP has been able to modify, improve and extend the availability of cross-cultural training for AFP members. The aim of such training is to improve Aboriginal/police relations.

Current AFP training in Aboriginal Cultural Communications. The training is conducted by local Aboriginals and covers such issues as the history of Aboriginal/police relations, racism, stereotyping and communication barriers and their correction.

Outcomes

In the AFP's current new member (recruit) training programme, of the 21 students, 8 are indigenous. All graduating new members will be posted to the AFP's Sydney office at the completion of their course. New member training incorporates a two day course on cross cultural awareness: 1 day on

indigenous awareness and the other day on ethnic awareness.

In 1994/95, the AFP conducted, through its consultants Dalton Morgan & Associates, 22 x 2 day Aboriginal Cross Cultural Awareness training programmes. Attendees were operational police and operational support staff members. For 1995/96, 28 courses have been identified for Dalton Morgan &

Associates to conduct, with an anticipated panel of 20 students per course. Note that indigenous people, employed by Dalton Morgan & Associates, conduct the training programmes.

1996/97 and Beyond

Cross references

Recommendations 228 and 229

Chapter I 0-The Prison Experience 287

Contact

Australian Federal Police- Malunggang Aboriginal & Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

1995-96 Annual Report 288

Recommendation 178

That Corrective Services make efforts to recruit Aboriginal staff not only as correctional officers but to all employment classifications within Corrective Services.

The Commonwealth responded:

The Commonwealth made available in 1991-92 and 1992-93, through the Department of Employment, Education and Training, $50 000 on a once only basis to allow each State and Territory to employ a consultant to develop Aboriginal employment strategies which would extend existing

State/Territory Government employment strategies to agencies responsible for non-custodial sentencing programs and correctional service agencies.

The Commonwealth made funds available to State and Territory Correctional Services to employ consultants to develop Aboriginal and Torres Strait Islander Employment and Career Development Strategies.

Resources

The Department of Employment, Education ,Training and Youth Affairs contributed $50,000 to each State and Territory for the development of Strategies.

Implementation 1995/96

Implementation is the responsibility of States/Territories. Extensive State and Community consultation took place with the development of this program.

Outcomes

Refer to Recommendation 114 and State and Territory annual reports for further information.

1996/97 and Beyond

Refer to State and Territory annual reports for further information.

Chapter l 0-The Prison Experience 289

Cross references

Recommendations 114, 119, 174, 225, 229 and 230.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 7720 Facsimile 06 240 7667

Attorney-General's Department

Telephone 06 279 2446 Facsimile 06 270 2254

1995-96 Annual Report 290

Recommendation 184

That Corrective Services authorities ensure that all Aboriginal prisoners in all institutions have the opportunity to perform meaningful work and to undertake educational courses in self-development, skills acquisition, vocational education and training including education in Aboriginal history and culture. Where appropriate, special consideration should be given to appropriate teaching methods and learning dispositions of Aboriginal prisoners.

The Commonwealth responded:

Although the provision of these programs is primarily a State or Territory responsibility, the Commonwealth action on related Recommendations 185 and 310 provides a framework for supporting State and Territory initiatives in the area of employment, education and training programs for Aboriginal prisoners.

The Department of Employment, Education and Training has accepted the responsibility for initiating a national strategy in this area and will be seeking the cooperation of State and Territory Governments.

Under the Aboriginal Education Policy the Commonwealth is committed to maintaining current levels of support to Correctional Authorities for the implementation of vocational educational and training programs and for the development of a National Strategy.

Resources

Prisoner education received support under the AEP through AESIP funding in 1994 at a level of$997,665 nationally, and in 1995 the amount increased to $1,015,680. For 1996 the amount is similar to that of 1995.

Implementation 1995/96

A number of programs under the National Aboriginal and Torres Strait Islander Education Policy (AEP) provide assistance to Indigenous prisoners undertaking educational courses. AESIP provides assistance to improve educational outcomes for Indigenous people including those in custody.

Chapter J 0-The Prison Experience 291

Negotiations for the provision of assistance under ATAS and VEGAS for prisoners occurs at a local level and is dependent upon the specific needs of individual prisoners. Negotiation has involved and will continue to involve State and Territory Correctional Authorities, State and Territory Governments, the Commonwealth and Indigenous people.

Outcomes

ABSTUDY may now cover prisoners' daily travel costs from detention to an education facility and assistance for fares and accommodation to attend residential university courses where the correctional institution has approved the students' attendance. In addition, other essential course costs (such as photocopying of required reading materials because the students cannot borrow library books which are on restricted access) may also be paid. 285 prisoners received this form of assistance in 1995/96.

The Aboriginal Tutorial Assistance Scheme (ATAS) funds extra tutorial assistance to Indigenous prisoners enrolled in formal courses, and the Vocational and Educational Guidance Scheme (VEGAS) can provide funds to sponsoring organisations to conduct projects designed to motivate and encourage Indigenous prisoners to undertake education and training courses, both while in custody and on release. More than 300 prisoners were assisted under these programs in 1995/96.

1996/97 and Beyond

VEGAS and ATAS will continue in 1996/97 and it is anticipated that further projects will be developed under VEGAS for prisoners.

Negotiating parties to reach agreement on a National Strategy which will give rise to the development of local strategies to cater more specifically for particular States and Territories. A greater coordination of resources and · services to improve efficiency and achieve outcomes.

Cross references

See response to Recommendation 185.

1995-96 Annual Report 292

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 7720 Facsimile 06 240 7667

Chapter I 0-The Prison Experience 293

Recommendation 185

That the Department of Employment, Education and Training be responsible for the development of a comprehensive national strategy designed to improve the opportunities for the education and training of those in custody. This should be done in cooperation with state Corrective Services authorities, adult education providers (including in particular independent Aboriginal and Torres Strait Islander policy (AEP) and State departments of employment and education. The aim of the strategy should be to extend the aims of the Aboriginal Education Policy and the Aboriginal Employment Development Policy to Aboriginal prisoners, and to develop suitable mechanisms for the delivery of education and training programs to prisoners.

The Commonwealth responded:

The Department of Employment, Education, Training and Youth Affairs (DEETYA) has accepted th e responsibility for initiating a national strategy in this area and will be seeking the cooperation of State and Territory Governments. To implement this recommendation DEETYA is undertaking several activities which involve both strengthening the delivery of the National Aboriginal and Torres Strait Islander Policy (AEP) and the Aboriginal Employment Development Policy, and supplementing State and

Territory action in the development of new initiatives. DEETYA has made initial contact with Corrective Service agencies and has been involved in a national conference with Corrective Services authorities and education providers to ascertain the extent and suitability of existing programs and to initiate discussions on the Royal Commission

recommendations. In negotiating funding priorities with State and Territory Governments, the Commonwealth will seek to ensure that all levels of Government with a responsibility in this area continue to strengthen their efforts in the implementation of this recommendation.

The Correctional Authorities with support from Commonwealth and State/Territory Governments will be encouraged to develop vocational education and training strategies for Indigenous prisoners. The vocational education and training components of the strategies will consider appropriate teaching methods and will include Aboriginal history and culture in its contents.

1995-96 Annual Report 294

Resources

The costs of a consultancy to produce and report and the facilitation of a national conference was approximately $100,000.

Implementation 1995/96

Contact will be maintained with all participating partners to collectively achieve the development and implementation of a National Strategy.

Negotiation has involved and will continue to involve State and Territory Correctional Authorities, State and Territory Governments, the Commonwealth and Indigenous people.

Outcomes

DEETY A contracted the Australian Institute of Criminology to undertake a study to ascertain the best features of existing pre-release and post-release education and training. The study was completed with a report titled "Keeping Them In and Keeping Them Out " which provided a basis for a

national conference. DEETY A then convened a conference of State/Territory Correctional administrators and educators, as well as ex offenders. The conference was attended by representatives from all States and Territories.

Given that education is the responsibility of State/Territory government the Department has developed a National Memorandum of Agreement for Education and Training of Aboriginal and Torres Strait Islander Peoples in Custody. This Memorandum of Agreement will allow State/Territory Correctional Authorities to develop their own strategies based on a common

agreement for the provision of Education and Training to Indigenous people in custody.

This Memorandum of Agreement has been provided through the Attorney General's Department for tabling at the next Correctional Services Administrative Council meeting. The Ministerial Council on Administration of Justice has been advised of this development.

Chapter 10-The Prison Experience 295

1996/97 and Beyond

Support current programs in Correctional Centres and encourage a strong emphasis on achieving appropriate education outcomes.

Cross references

See response to Recommendation 184.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 7720 Facsimile 06 240 7667

1995-96 Annual Report 296

Chapter 11

THE CRIMINAL JUSTICE SYSTEM: RELATIONS WITH POLICE

Police Training Program

Recommendations 60-61, 214, 215, 219, 221-231

Chapter 11-The Criminal Justice System: Relations wi th Police 297

Police Training

Program

Aboriginal Cultural Awareness Training

Relevant Royal Commission Recommendations:

Recommendations 288, 133 and 177

Resources

The full allocation for expenditure against the expenditure for aboriginal justice issues for the 1995/96 financial year was $107,000. The total expenditure used was $83 ,900. Allocation of funds was as follows:

â¢ $6,900: Used for the purchase of books disseminated to each AFP Region for the information of staff. Subjects of the books concerned Aboriginal and Torres Strait Islander law, customs, culture, factual stories and indigenous heroes; â¢ $77,000: Consultancy agreement with Dalton Morgan and Associates

for the running of 22 Aboriginal Cultural Awareness training seminars. This does not take account of such indirect expenditure such as salaries of participants and AFP organisers.

Implementation 1995/96

The AFP continued to use the services of consultants Dalton Morgan and Associates to provide the Aboriginal Cultural Awareness Training program. The 1995/96 program consisted of a two day program, which explored cultural awareness within the framework of anti-racist thinking. Participants on the program not only listened to and discussed information about Aboriginal and Torres Strait Islander cultures but also explored attitudes and behaviours towards those cultures. Participants were encouraged to reflect on their own attitudes and urged to find out where they came from and how they were formed. In 1995/96, the AFP conducted, through its consultants Dalton Morgan and Associates, 22 x 2 day Aboriginal Cross Cultural Awareness training programmes. Attendees were operational police and operational support staff members.

1995-96 Annual Report 298

The programmes were conducted in the following locations:

â¢ ACT Region(ACT and Jervis Bay): 6 courses

â¢ National ACT: 1 course

â¢ Eastern Region(NSW): 5 courses

â¢ Southern Region(Victoria): 6 courses

â¢ Western Region(W A): 1 course

â¢ Northern Region(QLD and NT): 1 course

â¢ Central Region(SA): 1 course

â¢ New Members: 1 course

Dalton Morgan and Associates utilise indigenous presenters to deliver the Aboriginal Cross Cultural Awareness programme.

Outcomes

A total of 352 AFP personnel attended the training seminars during 1995/96. These personnel primarily came from operational policing areas, as well as an increase in staff members attending this year than in past years.

Each program participant is required to complete a questionnaire in relation to the course. A high percentage of these questionnaires contained favourable comments. In particular, comments relating to the positive effect the training has had on their attitudes towards indigenous people .

A copy of the AFP's Indigenous Recruitment and Career Development Strategy 1995/96 Report is attached for information.

1996/97 and Beyond

For 1995/96, 28 courses have been identified for Dalton Morgan and Associates to conduct, with an anticipated panel of 20 students per course.

Reference to Broader Policy and Program Initiatives:

â¢ AFP's Indigenous Recruitment and Career Development Strategy; â¢ AFP's recruitment processes; â¢ Legislative requirements- both criminal and administrative such as AFP Equity and Diversity policies/strategies.

Chapter I 1-The Criminal Justice System: Relations with Police 299

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 AmJUa l Repmt 300

Recommendation 60

That Police Services take all possible steps to eliminate: a) violent or rough treatment or verbal abuse of Aboriginal persons including women and young people, by police officers; b) the use of racist or offensive language, or the use ofracist or

derogatory comments in log books and other do cuments, by police officers; and c) when such conduct is found to have occurred, it should be treated as a serious breach of discipline.

The Commonwealth responded:

Severe sanctions already apply in relation to the Australian Federal Police (AFP). Commonwealth legislation and AFP administrative procedures provide avenues of complaint to the Commonwealth Ombudsman, the Human Rights and Equal Opportunity Commission or the Minister and are

readily available to every Australian. Conduct of the type complained of in Recommendation 60 would contravene existing legislation and would render the person liable to disciplinary action (which can result in the loss of rank or dismissal) under the Australian Federal Police (Disciplinary) Regulations (rr3 and 18(J)(d) and 2(g). As well, civil and, in severe cases,

criminal sanctions apply under other legislation. This issue is reinforced during the New Member Training Programs in the 'morals and ethics' lectures. In addition, the new members prepare a written paper on Aboriginal issues, where it is possible to assess the potential for problems in this area, and take any necessary remedial action.

The Commonwealth will seek reports on this recommendation from the Police Ministers' Council.

Implementation 1995/96

AFP General Orders, General Instructions, Regional Instructions, Regional Guidelines, training and policies reinforce the fact that any rough or violent treatment of any person, is intolerable. Severe sanctions, including disciplinary, termination of appointment, civil and in serious cases, criminal action are readily available should a member of the AFP engage in such

behaviour. All new member training courses conducted within the AFP, consist of components regarding ethics, cultural awareness, anti-bias and complaints handling procedures. Other training courses contain ethical overviews within their simulated work place environment scenarios, as well

Chapter II-The Criminal Justice System: Relations wi th Police 301

as anti-bias and complaints guidelines. This includes the obligations of an officer of the AFP who is either subject to or of a complaint, or has a complaint reported to him or her.

Further, avenues for complaint exist with the Commonwealth Ombudsman and the Human Rights and Equal Opportunity Commissioner. Highly accessible complaints procedures, supervisory requirements, initial and ongoing training and provisions of the Commonwealth Freedom of Information Act 1982 exist to prohibit the writing of unwarranted offensive remarks on AFP documents.

Existing consultative arrangements between police and the Aboriginal community in the ACT and Jervis Bay- through Aboriginal and Torres Strait Islander Consultative Council, Aboriginal/Police Liaison Committee and Wreck Bay Aboriginal Community Council -provide the opportunity and forum for members of the communities to raise matters of concern. Any allegations or complaint would be pursued in accordance with the Australian Federal Police (Complaints) Act 1981.

Outcomes

The AFP's Education and Training (Police College) has instigated, at the commencement of all courses, learning contracts. These learning contracts are a philosophy statement whereby course participants enter into agreements on how to deal appropriately with each other, as well as other people to whom they may deal with in their workplace environment.

The AFP's Internal Investigations do not keep records specifically on the amount of indigenous complainants, however, in the I995/96 reporting period the following complaints were made Australia wide in relation to :

A B c D E F G

U ncivil/Discrim Comments 13 30 21 37 12 41 4

Assault 3 28 14 2 0 20 7

Excessive Force I 8 4 3 I 5 3

1995-96 Annual Report 302

Key

A. c.

Substantiated B.

Incapable of determination D. Reconciled - S.6A Conciliated - S.6B F.

discretion not to Withdrawn by complainant investigate

Unsubstantiated Minor Complaint

Ombudsman exercised

investigate/further

This table is made up of all complaints received and the results of the investigations completed and reviewed by the Ombudsman in 1995/96.

1996/97 and Beyond

Contact

Australian Federal Police-Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 275 7733

Chapter 11-The Criminal Justice System: Relations with Police 303

Recommendation 61

That all Police Services review their use ofpara-military forces such as the NSW Special Weapons and Operations Section (SWOS) and the Tactical Response Group (TRG) units to ensure that there is no avoidable use of such units in circ*mstances affecting Aboriginal communities.

The Commonwealth responded:

The Australiai1 Federal Police (AFP) is currently reviewing the relevant procedures and practices, and roles being undertaken. While the AFP does not use para-military forces at the regional level, a Special Operations Team is currently used at the discretion of the Officers in Charge of the

Crime Division, Operations Division and the National Anti-Terrorist Plan. Procedures will be amended to implement this recommendation. The Commonwealth notes that Aboriginal and Torres Strait Islander communities may decide to take appropriate action to control criminal activities in their own areas.

Implementation 1995/96

The Australian Police Ministers Council endorsed, on 20 November 1992, National Guidelines for the Deployment of Police in High Risk Situations. In mid 1994, a review was commenced into the state ofuse of force training and policy adopted by the AFP. In January, 1995, a review of such training was given the highest priority.

The primary means of evaluation of needs with regard to use of force training and policy involved a process of consultation and discussion. Views were canvassed from: members of the judiciary; Commonwealth Ombudsman; Community Advocate; National Police Research Unit; Mental health professionals; State police use of force instructors; Director of Public Prosecutions; and Commonwealth Government Solicitor.

1995-96 Annual Report 304

When a decision is reached by NMT, the Wreck Bay Aboriginal Community Council will be consulted RE the programme and recommendations.

Outcomes

The following provides a brief overview of the recommendations stemming from the Review:

â¢

Rec's 1 - 6: Establishes a framework for adoption of the Response Options: Conflict De-Escalation Model into policy and training as well as a mechanism for appointment and re certification of Defensive Skills Instructors. Rec's 7- 9: Addresses the need for a refocus of the way in

which the AFP provides in-service training to new members, in the use of force. Rec's 10- 12: Refers to the use of pressure points and the need for alternate methods to be devised for dealing with

subjects offering passive or defensive resistance. Rec' s 13 - 14: Regards training and issue of extendable batons. Rec's 15- 16: Regards OC (Oleoresin Capsicum) spray . Rec's 17- 20 :Deals with firearms training via a revamping

of the firearm qualifying tests and redesign of the standard target. Rec's 21- 22: Refers to protective body armour . Rec's 23- 24: Refers to a proposed five day course in Basic

Crowd Control. Rec's 25- 27: Regards a five day course in Practical Warrant Execution.

1996/97 and Beyond

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit Telephone 06 275 7621 Facsimile 06 275 7733

Chapter ll-The Criminal Justice System: Relations with Police 305

Recommendation 214

The emphasis on the concept of community policing by Police Services in Australia is supported and greater emphasis should be placed on the involvement of Aboriginal communities, organisations and groups in devising appropriate procedures for the sensitive policing of public and private locations where it is known that substantial numbers of Aboriginal people gather or live.

The Commonwealth responded:

Community policing is a high priority for the Australian Federal Police (AFP) where it provides a local police force. Jervis Bay has a significant Aboriginal community. The AFP is addressing this recommendation as part of its general police service in that territory.

Implementation 1995/96

At a meeting between the AFP and members of the Wreck Bay Aboriginal Community Council (WBACC) on 24 November 1994 to discuss mechanisms whereby the Council could be consulted and enter into negotiations on police/community issues, it was agreed that a couple ofworthwhi1e initiatives would be jointly pursued to assess their feasibility, specifically proposals to establish a youth activities club and the employment of an Aboriginal Liaison Officer (ALO).

In an effort to progress the matter, the OIC Jervis Bay Police Station wrote to the WBACC coordinator on 9 January 1995 outlining the proposal for the youth activities club, as discussed at the meeting, and requested that she distribute copies to people in the community who may be interested in being involved in progressing the matter. It was acknowledged at the meeting in . November 1994 that for the program to succeed, community support,

involvement and "ownership" was essential. The matter was raised with the coordinator again during 1995/96.

In respect of the appointment of ALO's, it was proposed that a joint submission would be made to the WBACC by the Council's coordinator and the OIC Jervis Bay Police Station. Progress in this matter is now being monitored by the Aboriginal Justice Advisory Committee (AJAC) established for the Jervis Bay Territory. In the Jervis Bay Territory, liaison between police and the Wreck Bay community occurs on a "needs" basis in accordance with

1995-96 Annual Report 306

the community's preference for informal liaison rather than a regular formal meeting arrangement. When invited, the OIC Jervis Bay police attends meetings of the Wreck Bay Aboriginal Community Council (WBACC) to discuss matters raised by Council members or matters which police wish to bring to the attention of the

Council. At other times, liaison occurs through the WBACC coordinator.

The OIC Jervis Bay police is also a representative of the Jervis Bay Aboriginal Justice Advisory Committee (AJAC), as well as the Nowra police I Aboriginal Liaison Committee.

Outcomes

A sub-committee comprising representatives of the WBACC, the AFP and DEST, met on several occasions during the year with agreement being reached on the proposed role description and selection criteria for the ALO in late June 1996. It is anticipated that administrative guidelines, and terms & conditions

issues will be resolved early in 1996/97. It is proposed that the position be trialed for 6 months.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 88, 95, 215

Contact

Australian Federal Police-Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter !!-The Criminal Justice System: Relations with Police 307

Recommendation 215

That Police Services introduce procedures, in consultation with appropriate Aboriginal organisations, whereby negotiation will take place at the local level between Aboriginal communities and police concerning police activities affecting such communities, including: a) the methods of policing used, with particular reference to police

conduct perceived by the Aboriginal community as harassment or discrimination; b) any problems perceived by Aboriginal people; and c) any problems perceived by police. Such negotiations must be with

representative community organisations, not Aboriginal people selected by police, and must be frank and open, and with a willingness to discuss issues notwithstanding the absence of formal complaints.

The Commonwealth responded:

The Australian Federal Police will consult with the Wreck Bay Community Council and all other appropriate Aboriginal organisations in the Jervis Bay region on the issues raised in this recommendation.

Implementation 1995/96

In an effort to progress the matter, the OIC Jervis Bay Police Station wrote to the WBACC coordinator on 9 January 1995 outlining the proposal for the youth activities club, as discussed at the meeting, and requested that she distribute copies to people in the community who may be interested in being involved in progressing the matter. It was acknowledged at the meeting in November 1994 that for the program to succeed, community support,

involvement and "ownership" was essential. The matter was raised with the coordinator again during 1995/96.

1995-96 Annual Report 308

In the Jervis Bay Territory, liaison between police and the Wreck Bay community occurs on a "needs" basis in accordance with the community's preference for informal liaison rather than a regular formal meeting arrangement. When invited, the OIC Jervis Bay police attends meetings of the Wreck Bay Aboriginal Community Council (WBACC) to discuss matters

raised by Council members or matters which police wish to bring to the attention of the Council. At other times, liaison occurs through the WBACC coordinator.

The OIC Jervis Bay police is also a representative of the Jervis Bay Aboriginal Justice Advisory Committee (AJAC), as well as the Nowra police I Aboriginal Liaison Committee.

Outcomes

issues will be resolved early in 1996/97. It is proposed that the position be trialed for 6 rnonths.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 88, 95 and 214

Contact

Australian Federal Police-Malunggang Aboriginal and T9rres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 11-The Criminal Justice System: Relations with Police 309

Recommendation 219

The Australian Law Reform Commission's Report on the Recognition of Aboriginal Customary Law was a significant, well-researched study. The Royal Commission received requests from Aboriginal people through the Aboriginal Issues Units regarding the progress in implementation of the

recommendations made by the Australian Law Reform Commission and in some cases from communities which had made proposals to the Law Reform Commission. This Commission urges Government to report as to the progress in dea ling with this Law Reform Report.

The Commonwealth responded:

The Commonwealth will report on this before th e end of 1992.

Implementation 1995/96

The Standing Committee of Attorneys-General (SCAG, which meets three times per year) is currently considering the recommendations of the Australian Law Reform Commission's Report No.31, Th e Recognition of Aboriginal Customary Laws (the Report). During the past twelve months,

SCAG has made considerable progress in relation to the recommendations.

A table was prepared for the July 1995 SCAG meeting which detailed what action, including non-action, had been taken in each jurisdiction on each recommendation. A separate table detailed those recommendations which had been implemented, those which could be implemented either by legislation or without legislation, those which required further consideration and those which were not supported.

For the November 1995 SCAG meeting another table was prepared which showed the possible methods of implementation for those recommendations identified as capable of implementation with or without legislation and whether there was agreement on method of implementation. A paper on Aboriginal traditional marriage was also prepared to indicate to Ministers some of the implications of the Report's approach to the recognition of traditional marriages. Ministers also agreed to refer some of the recommendations to the Model Criminal Code Officers' Committee. A final table indicating preliminary views of the Commonwealth, States and Territories on all relevant recommendations was settled at the July 1996

SCAG meeting. Although these views are not final , they provide the basis

1995-96 Annual Report 310

for each jurisdiction to consult with representative bodies and community organisations on all recommendations.

Consultations by each jurisdiction are required given that different considerations arise in different parts of the country. The settling of the table of preliminary views and agreement for further consultations have taken place within the context of SCAG only, but appropriate consultations

strategies for each jurisdiction will now be developed within a wider context and will primarily be the responsibility of the Ministers for Aboriginal and Torres Strait Islander Affairs. It is envisaged that such strategies will be developed with input from representative bodies and community organisations. The Ministerial Council for Aboriginal and Torres Strait

Islander Affairs and each Attorney-General will provide support.

Outcomes

The key outcome of further consultations is to re-assess Aboriginal and Torres Strait Islander peoples views, including views on strategies for implementation, of recommendations given there has been significant social, legal and political developments in Aboriginal and Torres Strait

Islander matters since the finalisation of the Report in 1986. In particular, it is necessary to further elicit the views of Aboriginal and Torres Strait Islander women on recommendations of particular relevance to them, such as marriage, as these views are not clearly represented.

1996/97 and Beyond

Jurisdictions will provide a progress report on consultations to the March 97 SCAG meeting and it is hoped consultations will be concluded by July 97. Each jurisdiction will report on outcomes to the July 97 SCAG meeting.

Contact

Attorney-General's Department

Telephone 06 250 6669 Facsimile 06 250 5911

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3140 Facsimile 06 285 3741

Chapter I 1-The Criminal Justice System: Relations with Police 311

Recommendation 221

That Aboriginal people who are involved in community and police initiated schemes such as those referred to in Recommendation 220 should receive adequate remuneration in keeping with their important contribution to the administration ofjustice. Funding for the payment of these people should be from allocations to expenditure on justice matters, not from the Aboriginal

affairs budget.

The Commonwealth responded:

The Commonwealth supports this recommendation. However, it anticipates that there are very limited funding implications in view of its jurisdiction being confined to Jervis Bay.

Implementation 1995/96

In respect of the appointment of ALO's, it was proposed that a joint submission would be made to the WBACC by the Council's coordinator and the OIC Jervis Bay Police Station.

Outcomes

It is anticipated that administrative guidelines, and tenns and conditions issues will be resolved early in 1996/97. It is proposed that the position be trialed for 6 months.

1995-96 Annual Report 312

It is further proposed that in the short term, funding for the position will be met by the AFP through its Indigenous Recruitment and Career Development Strategy.

1996/97 and Beyond

Cross references

Recommendation 231

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter li-The Criminal Justice System: Relations with Police 313

Recommendation 222

That the National Police Research Unit make a particular study of efforts currently being made by Police Services to improve relations between police and Aboriginal people with a view to disseminating relevant information to Police Services and Aboriginal communities and

organisations, as to appropriate initiatives which might be adopted.

The Commonwealth responded:

The Commonwealth supports the concept of studying and disseminating information on improved relations between police and Aboriginal and Torres Strait Islander people. At the 21st meeting of the Australian Police Ministers ' Council (APMC) it was resolved that each jurisdiction would provide sufficient information (in respect of Recommendation 222) to the

APMC Secretariat by the end of February 1992 to allow for a composite presentation of Australian initiatives to be prepared, with a view to consideration by the council at its May 1992 meeting.

Northern Territory

The NT Police support this recommendation, and is committed to ongoing improvement of relations with Aboriginal people through various Community Policing initiatives.

Resources

Many initiatives are integral to mainstream service provision, and a definitive estimate of program expenditure for the year is not possible. Specific programs such as the Aboriginal Community Police Officers have an annual personnel budget of approx. $1.1 million in addition to operational costs. Youth and Community Services expenditure for 1994/95 was $2.6 million and it is this area which provides the Community Relations, School Based Constable and DARE programs, Blue Light Disco and other initiatives which are directed in part or in particular to Aboriginal people and communities. The position of Superintendent, Aboriginal and Ethnic Policy had an overall budget of $118,000. The concept of 'partnership policing' is a whole of department direction which

1995-96 Annual Report 314

of necessity includes involvement with, and of, Aboriginal people in the provision of appropriate policing services.

Accordingly, it is reasonable to suggest that, in a jurisdiction such as the NT, a significant proportion of the 1994/95 expenditure of $77.5 million relates to the improvement of police/ Aboriginal relations.

Implementation 1995/96

The activity in this area is ongoing, and activities to the present time for 1995/96 reflect those of 1994/95. Activities include School Based Constables, a number of whom specifically service Aboriginal communities/students, and the development of associated programs specifically for Aboriginal students. Blue Light Discos are provided in both urban and remote areas. Consultation and negotiation with Aboriginal

communities and representative groups occurs at local, regional and Territory levels in the provision of appropriate service delivery, including the development of protocols and other such agreements. Support and training is provided for community based initiatives such as

Wardens and Night Patrols, and in the reporting period, experienced police officers have been granted periods of extended special leave to work with an Aboriginal legal aid service, and as a Coordinator with a community based Night Patrol in a major regional centre.

As previously indicated, the position of Superintendent, Aboriginal and Ethnic Policy is largely directed at improving police/ Aboriginal relations. Similarly, the concept of 'Partnership Policing' is a whole of department direction which of necessity includes involvement with, and of, the

significant Aboriginal community in the NT.

There are many direct and indirect participants in relevant programs. Aboriginal involvement includes all levels of representative organisations including community councils and legal services, substance abuse program providers. Wherever possible, a whole of government approach is in place,

and government agencies include the Office of Aboriginal Development, Attorney General's Department, Territory Health Service, Education Department and Correctional Services.

Chapter 11-The Criminal Justice System: Relations with Police 315

Outcomes

The Aboriginal Community Police Officer (ACPO) program has been very successful, and there are constant requests for the appointment of additional ACPOs from many communities. Expansion of the program is subject to financial and establishment considerations. There are a between 22-30 Warden and Night Patrol schemes operating at any one time at various locations throughout the NT. A number of communities are examining similar initiatives. An appropriate indicator could be considered to be the following data from the 1994 National Aboriginal and Torres Strait Islander Survey (ABS) :

Relations with Police Over the Last 5 Years

Responses NT

Getting Better 31

About the same 41

Getting worse 10

Don't know 18

Australia o;o

22 39 19 20

Whilst there is clearly room for improvement, it is also clear that the NT success in this regard exceeds that of other jurisdictions and nationally.

1996/97 and Beyond

It is intended that the NT will continue to pursue ongoing and any further identified initiatives directed at the improvement of police/ Aboriginal relations.

South Australia

For National Police Research Unit- initiative supported by SA.

1995-96 Annual Report 316

New South Wales

The NSW Police Service (NSWPS) has cooperated fully by supplying all relevant information. However, the Australian Federal Police collected the data on behalf of the National Police Research Unit.

Resources

There are no specific budgetary allocations to meet the requirements of this recommendation.

1995/96 and Beyond

This is an issue for comment by the NPRU.

Western Australia

To co-operate fully with the National Police Research Unit by delivering all relevant information to that organisation.

Resources

There are no specific budgetary allocations to meet the requirements of this recommendation.

Implementation 1995/96

A representative of this Service attended a national workshop in Brisbane, Queensland in November 1995. That workshop- Royal Commission into Aboriginal Deaths in Custody - Future Directions for Australian Police witnessed the dissemination of information between Police Services.

There is no involvement of Aboriginal organisations in meeting the requirements of this recommendation.

Chapter 11-The Criminal Justice System: Relations with Police 317

Outcomes

Several projects have been initiated as a result of that workshop. This Service will be reporting on those in the 1996 R.C.I.A.D.I.C. Implementation Report as they are not sufficiently developed to report upon at this time. Those projects include changes to the data collection/handling processes used by this Service and the exploration of funding options from outside this Service among others.

1996/97 and Beyond

The completion of the projects referred to above, together with the implementation of new policies or practices that may result from them. This Service will report fully on those matters in the 1996/97 reporting year.

Contact

Commonwealth Law Enforcement Board

Telephone 06 239 9244 Facsimile 06 295 7640

1995-96 Annual Report 318

Recommendation 223

That Police Services, Aboriginal Legal Services and relevant Aboriginal organisations at a local level should consider agreeing upon a protocol setting out the procedures and rules which shou ld govern areas of interaction between police and Aboriginal people. Protocols, among other

matters, should address questions of a) notification of the Aboriginal Legal Service when Aboriginal people are arrested or detained; b) the circ*mstances in which Aboriginal people are taken into protec tive

custody by virtue of intoxication; c) concerns of the local community about local policing and other matters; and d) processes which might be adopted to enable discrete Aboriginal

communities to participate in decisions as to the placement and conduct of police officers on their communities.

The Commonwealth responded:

For Jervis Bay the Australian Federal Police (A FP) consults with the Wreck Bay Aboriginal Community Council and other appropriate Aboriginal organisations in the Jervis Bay region. In addition to this, AFP regional instruction requires that the Aboriginal Legal Service or Aboriginal Liaison

Committee be notified when Aboriginal persons are arres ted or detained. Where an Aboriginal person is intoxicated, he or she is normally released into the care of a committee member. The Aboriginal and Torres Strait Islander Commission, in consultation with relevant agencies and organisations, will participate in the development of protocols as required. The Commonwealth will seek reports on this

recommendation from the Police Ministers' Council.

Implementation 1995/96

Chapter 11-The Criminal Justice System: Relations with Police 319

hours; and to afford persons in custody reasonable opportunity to obtain legal assistance. AFP Jervis Bay members advise the South Coast Aboriginal Legal Service during business hours and, where possible, after hours.

If it is not possible to place an intoxicated person with his/her family or community, they are placed in protective custody for up to eight hours or until they become sober, whichever occurs first. This occurs under the provisions of section 351 ofthe Crimes Act 1900. If there is any doubt about the health of the intoxicated person, they are placed in the care of medical authorities. During 1995/96, no Aboriginal persons were taken into protective custody.

The involvement of a representative of the Wreck Bay Aboriginal Community Council (WBACC) in the selection of AFP members for future deployments to Jervis Bay is supported in principle and will be the subject of further consideration in 1996/97.

The OIC of the Jervis Bay Police Station is a member of the Nowra Police/ Aboriginal Liaison Committee, as well as the Aboriginal Justice Advisory Committee for the Wreck Bay area. Jervis Bay Police have regular meetings with members of the WBACC and maintain close communication and liaison with the community.

Outcomes

In consultation with the WBACC, the role and function of an Aboriginal Liaison Officer for the Jervis Bay/Wreck Bay area has been determined. Steps are being taken to finalise the implementation phase of this position. The role and function of this proposed Aboriginal Liaison Officer will include the fostering of better relationships and interaction between police and the Wreck Bay community.

1996/97 and Beyond

1995-96 Annual Report 320

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 11-The Criminal Justice System: Relations with Police 321

Recommendation 224

That pending the negotiation of protocols referred to in Recommendation 223, in jurisdictions where legislation, standing orders or instructions do not already so provide, appropriate steps be taken to make it mandatory for the Aboriginal Legal Services to be notified upon the arrest or detention of any Aboriginal person other than such arrests or detentions for which it is agreed between the Aboriginal Legal Services and the Police Services that notification is not required.

The Commonwealth responded:

This is addressed by the Australian Federal Police Australian Capital Territory Regional Instruction 22 which applies to the Jervis Bay Territory.

Implementation 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were impl emented in Aprill996 to replace previous ACT Regional Instructions.

When an Aboriginal person is placed in custody, the OIC of the Watch House is required by AFP Australian Capital Territory (ACT) Regional Guideline 5/96 (Watch House) to contact the Aboriginal Legal Service during business hours; and to afford persons in custody reasonable opportunity to obtain legal assistance. AFP Jervis Bay members advise the South Coast Aboriginal Legal Service during business hours and, where possible, after hours.

Prior to implementing, comments on ACT Regional Guideline 4/96 (Protection ofPersons in Police Custody) and 5/96 (Watch House) were sought from the Wreck Bay Aboriginal Community Council (WBACC) and the ACT Aboriginal and Torres Strait Islander Council's Police Sub Committee. Existing consultative arrangements between police and the Aboriginal community in Jervis Bay - through WBACC -provide the opportunity and forum for members of the community to raise matters of concern. The OIC of the Jervis Bay Police Station is a member of the Nowra Police/Aboriginal Liaison Committee, as well as the Aboriginal Justice Advisory Committee for the Wreck Bay area. Jervis Bay Police have regular meetings with members of the WBACC and maintain close communication and liaison with the community.

1995-96 Annual Repot1 322

Outcomes

fostering of better relationships and interaction between police and the Wreck Bay community.

custody for 19 hours before being transferred to the Belconnen Remand Centre.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 223

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 11-The Criminal Ju stice System: Relations with Police 323

Recommendation 225

That Police Services should consider setting up policy and development units within their structures to deal with developing policies and programs that relate to Aboriginal people. Each such unit should be headed by a competent Aboriginal person, not necessarily a police officer, and should seek to encourage Aboriginal employment within the unit. Each unit should have full access to senior management of the service and report directly to

the Commissioner or his or her delegate.

The Commonwealth responded:

The Australian Federal Police has established an Access and Equity Unit which is responsible for equal employment and opportunity programs. There are currently no Aboriginal staff in the unit but staff are trained in equity issues to assist where issues relating to Aboriginal and To rres Strait Islander persons arise.

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and Training, $50 000 on a once only basis to allow each State and Territory to employ a consultant to develop Aboriginal employment strategies which would extend existing State and Territory Government employment strategies to police forces. In addition, the Commonwealth will support Aboriginal and Torres Strait Islander employment in police forces and corrective services agencies and

initiatives to promote improved relations between police and Aboriginal and Torres Strait Islander people, involving initiatives such as conferences in each State and Territory, through the combined resources of the Department of Employment, Education and Training and the Aboriginal

and Torres Strait Islander Commission, with the support of the Attorney General 's Department and State and Territory police forces. The Commonwealth will seek reports on this recommendation from the Police Ministers ' Council.

Resources

Initiative oflndigenous Recruitment and Career Development strategy. Total funding in conjunction with DEETY A $5.3 million over 5 years.

1995-96 Annual Report 324

Implementation 1995/96

The AFP engaged the services of consultants, Groundwork Development to develop an Indigenous Recruitment and Career Development Strategy.

The strategy was completed in early 1995 and encompassed career development, recruiting procedures, retaining of indigenous staff, and indigenous officer/mentor networks.

organisation. The unit is currently staffed by two Aboriginal and one non Aboriginal officers. The AFP's Indigenous Strategy was launched on 14 July 1995 at Parliament House.

The Malunggang Unit represent the AFP on the Wreck Bay Aboriginal Justice Advisory Committee and other indigenous Government agency committees, such as the Government Representatives of Indigenous Personnel. Issues such as employment, recruitment and retention of indigenous people are discussed

at these forums.

The Malunggang Unit is further responsible for monitoring and coordinating all indigenous - staff and police - applicants who are desirous of joining the AFP. A member of the unit always assists in the recruitment process to ensure that suitable indigenous applicants are not overlooked. (Refer to comments

made in Recommendation 1 77)

Outcomes

Since the launch of the strategy, the following have been implemented: The formation of the Indigenous Officers Network (ION). This group currently serves not only as a support network but a focal point for Aboriginal issues which may arise and affect the AFP. An annual ION Conference for all

indigenous members and staff members to discuss the strategy, and other issues of importance to both the network and the AFP. Representation by members of the ION at careers days, and motivational seminars, to present a positive image of police and encourage indigenous youth to consider a career with the AFP. Initiating and accepting 2 aboriginal cadets who commenced

employment with the AFP in January 1996. One is studying law at the Australian National University, the other studying science at the University of Adelaide.

Chapter li-The Criminal Justice System: Relations with Police 325

Since December 1995, the Malunggang Unit has successfully recruited a number of indigenous people to the AFP. Indeed, so much so that numbers recruited doubled the existing indigenous work force . Consequently, the AFP currently exceeds the total target number for the 1995/96 period.

1994/95 1995/96 Actual Target Target

Police recruited 0 8 13*

Police employed 8/\ 16

S/Member recruited 0 3 9**

S/Member employed 0 1\1\ 3

Total 8 19 21

" At this time, there were 5 ex isting poli ce officers, no recruiting was conducted in th is period. "" Two staff members were already employed in this period. * 5 Existing poli ce + 8 recruits currently going through training * * 2 cadets + 7 staff members (3 of whom were existing)

1996/97 and Beyond

The AFP will continue to monitor thi s recommendation.

Cross references

Recommendation 229

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Attorney-General's Department Telephone 06 270 2446 Facsimile 06 270 2254

1995-96 Annual Report 326

Recommendation 226

That in all jurisdictions the processes for dealing with complaints against police need to be urgently reviewed. The Commission recommends that legislation should be based on the following principles: a) that complaints against police should be made to, be investigated by or

on behalf of, and, adjudicated upon by a body or bodies totally independent of Police Services; b) that the name of a complainant should remain confidential (except where its disclosure is warranted in the interests ofjustice), and it

should be a serious offence for a police officer to take any action against or detrimental to the interest of a p erson by reason of that person having made a complaint; c) that where it is decided by the independent authority to hold a formal

hearing of a complaint, that hearing should be in public; d) that the complaints body report annually to Parliament; e) that in the adjudication of complaints made by or on behalf of Aboriginal persons one member of the review or adjudication panel

should be an Aboriginal person nominated by an appropriate Aboriginal organisation(s) in the State or Territory in which the complaint arose. The panel should also contain a person nominated by the Police Union or similar body; f) that there be no financial cost imposed upon a complainant in the

making of a complaint or in the hearing of the complaint; g) that Aboriginal Legal Services be funded to ensure that legal assistance, if required, is available to any Aboriginal complainant; h) that the complaints body take all reasonable steps to employ members

of the Aboriginal community on the staff of the body; i} that the investigation of complaints should be undertaken either by appropriately qualified staff employed by the authority itself, or by police officers who are, for the purpose of and for the duration of the

investigation, under the direction of and answerable to, the head of the independent authority; j) that in the course of investigations into complaints, police officers should be legislatively required to answer questions put to them by the

head of the independent authority or any person acting on her/his behalf but subject to further legislative provisions that any statements made by a police officer in such circ*mstances may not be used against his/her in other disciplinary proceedings; and k) that legislation ensure that the complaints body has access to such files,

documents and information from the Police Services as is required for the purpose of investigating any complaint.

Chapter ll-The Criminal Justice System: Relations with Police 327

The Commonwealth responded:

Paragraphs (d), (f), OJ and (k) are already addressed by the Commonwealth Complaints (Australian Federal Police) Act I981. The Commonwealth has moved toward addressing paragraph (a). Existing mechanisms of the Complaints (AFP) Act will be used to provide for independent investigations, conducted by the Commonwealth Ombudsman, of complaints by Aboriginals associated with a death (subject to the need to consider the activities of a coronia! inquiry); or involving a serious injury, resulting from custody. The Commonwealth considers a special investigation is justified by the history of mistrust between Aboriginals and police generally, although the AFP has a good record in its relations with Aboriginal people. The AFP Commissioner and the Ombudsman will also take account of Aboriginal police relations in considering whether other individual Aboriginal

complaints should be subject to a special investigation by the Ombudsman under the Complaints Act. The Commonwealth does not favour implementing paragraph (e). The current approach, which involves a Discipline Tribunal made up ofjudicial officers, is preferred because they are more qualified to assess what are often serious allegations. The representative approach has been discarded in most jurisdictions as a less satisfactory method of determining these matters. Paragraph (g) has legal aid implications. The cost of providing legal assistance is a joint Commonwealth, State and Territory responsibility, though the Commonwealth notes that the majority ofpolice complaints come under State and Territory legislation. Additional Commonwealth funding will be provided to the Aboriginal Legal Services and to cover the

Commonwealth 's contribution to Legal Aid Commissions to enable implemen tation of this recommendation in relation to complaints made by Aboriginal and Torres Strait Islander people. Implementation will involve further consultation with State and Territory Governments and the

amendment of legal aid guidelines. Arrangements are also being made to implement paragraphs (h) and (i). This matter will be further addressed in the context of the response to the Review of the Office of the Commonwealth Ombudsman published in December 1991 by the Senate Standing Committee on Finance and Public Administration.

Resources

$219,000 allocated to the Legal Aid Program. No expenditure in relation to this recommendation took place during the year.

1995-96 Annual Report 328

Implementation 1995/96

No funding was provided to Legal Aid Commissions under this recommendation during the year.

No negotiation took place in relation to this recommendation during the year.

Outcomes

No funding was requested by Legal Aid Commissions under this recommendation.

1996/97 and Beyond

Costs are reimbursed for these matters on an ad hoc basis.

Cross References

Recommendation 23

Contact

Attorney-General's Department

Telephone 06 250 6865 Facsimile 06 250 5934

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3140 Facsimile 06 285 3741

Chapter 11-The Criminal Justice System: Relations with Police 329

Recommendation 227

That the NT Police Service School-based Program be studied by other Police Services and that the progress and results of the program should be monitored by those services.

The Commonwealth responded:

The Australian Federal Police (AFP) has implemented this recommendation by establishing its own program in Canberra. The AFP will review the situation in relation to schools which service Jervis Bay. Clearly it would need to do this in cooperation with the NSW police.

Implementation 1995/96

A police in schools program similar to that in place in the NT will not be introduced in Jervis Bay. Current police involvement with the school is considered sufficient. AFP Jervis Bay police enjoy a close community relationship with, and regularly visit, the Jervis Bay School and provide school lectures on such issues as road safety and 'stranger danger'. Current involvement by Jervis Bay police with the local school system, has been accepted by the Wreck Bay community and is considered adequate.

Outcomes

Jervis Bay School visits continue with positive feedback.

1996/97 and Beyond

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 330

Recommendation 228

That police training courses be reviewed to ensure that a substantial component of training both for recruits and as in-service training relates to interaction between police and Aboriginal people. It is important that police training provide practical advice as to the conduct which is appropriate for such interactions. Furthermore, such training should incorporate

information as to: a) the social and historical factors which have contributed to the disadvantaged position in society of many Aboriginal people; b) the social and historical factors which explain the nature of

contemporary Aboriginal and non-Aboriginal relations in society today; and c) the history of Aboriginal police relations and the role of police as enforcement agents of previous policies of expropriation, protection,

and assimilation.

The Commonwealth responded:

Australian Federal Police new members training addresses these topics, albeit to a limited degree. They are covered in greater detail during local procedures training. Further a program of two day workshops conducted by the Aboriginal Educational Consultative Group with Technical and Further

Education has been introduced for sergeants and constables. This has also been extended to other courses. These initiatives were funded in the 1991-92 Budget.

Implementation 1995/96

No recommendation report received

Contact

Australian Federal Police-Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter 11-The Criminal Justice System: Relations with Police 331

Recommendation 229

That all Police Services pursue an active policy of recruiting Aboriginal people into their services, in particular recruiting Aboriginal women. Where possible Aboriginal recruits should be inducted in groups.

The Commonwealth responded:

The Commonwealth will make available in 1991-92 and 1992- 93, through th e Department of Employment, Education and Training, $50 000 on a once only basis to allow each State and Territory to employ a consultant to develop Aboriginal and Torres Strait Islander employment strategies which would extend existing State and Territory Government employment strategies to police forces.

Comprehensive recruitment packages for the Australian Federal Police (AFP) are available at all major Aboriginal and Torres Strait Islander Commission offices. All AFP recruitment staff are aware of the AFP 's Equal Employment Opportunity policies as they relate to Aboriginal and

Torres Strait Islander people. AFP induction practices will take account of this recommendation.

Resources

Initiative oflndigenous Recruitment and Career Development strategy. Total funding in conjunction with DEETY A $5.3 million over 5 years.

Implementation 1995/96

The AFP engaged the services of consultants, Groundwork Development to develop an Indigenous Recruitment and Career Development Strategy. The strategy was completed in early 1995 and encompassed career development; recruiting procedures, retaining of indigenous staff, and indigenous officer/mentor networks.

The AFP's Malunggang Aboriginal and Torres Strait Islander Unit (Malunggang Unit) was created in April 1995 with the charter of overseeing the implementation of the policy and development of strategies that affect recruiting and career development of indigenous people within the organisation. The unit is currently staffed by two Aboriginal and one non Aboriginal officers. The AFP's Indigenous Strategy was launched on 14 July

1995 at Parliament House.

1995-96 Annual Report 332

at these forums.

made in RCIADIC Recommendation 177)

Outcomes

In the AFP's current new member (recruit) training programme, of the 21 students, 8 are indigenous; of which 2 are female. All graduating new members will be posted to the AFP's Sydney office at the completion of their course. Since December 1995, the Malunggang Unit has successfully recruited a number of indigenous people to the AFP. Indeed, so much so that numbers recruited doubled the existing indigenous work force. Consequently, the AFP

currently exceeds the total target number for the 1995/96 period. (Refer to comments in RCIADIC Recommendation 225)

A copy of the AFP's Indigenous Recruitment and Career Development Strategy 1995/96 Report is attached for information. Whilst the strategy does not specifically target indigenous women, the AFP Equity and Diversity Strategy includes an increase of women appointed to the AFP and the provision of appropriate staff and training development opportunities.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendation 225

Chapter li-The Criminal Justice System: Relations with Police 333

Contact

Australian Federal Police - Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

1995-96 Annual Report 334

Recommendation 230

That where Aboriginal applicants wish to j oin a service who appear otherwise to be suitable but whose general standard of education is insufficient, means should be available to allow those persons to undertake a bridging course before entering upon the specific police training.

The Commonwealth responded:

The Commonwealth will make available in 1991- 92 and 1992- 93, through the Department of Employment, Education and Training, $50 000 on a once only basis to allow each State and Territory to employ a consultant to develop Aboriginal employment strategies which would extend existing State and Territory Government employment strategies, including bridging

courses, to agencies responsible for non-custodial sentencing programs (Recommendation 114), correctional service agencies (Recommendation 178), police forces (Recommendation 228) . Where the Australian Federal Police has identified Aboriginal and Torres Strait Is lander people who are suitable but for th eir educational qualifications it will /oak to design suitable courses to meet their needs.

Implementation 1995/96

See Recommendation 225

Cross references

Recommendation 225

Contact

Australian Federal Police--Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 256 7777 Facsimile 06 275 7733

Chapter 11-The Criminal Justice System: Relations with Pol ice 335

Recommendation 231

That different jurisdictions pursue their chosen initiatives for improving relations between police and Aboriginal people in the form of police aides, police liaison officers and in other ways; experimenting and adjusting in the light of the experience of other services and applying what seems to work

best in particular circ*mstances.

The Commonwealth responded:

Community policing is a high priority for the Australian Federal Police ( AFP) where it provides a local police force. Jervis Bay has a significant Aboriginal community. The AFP is addressing this recommendation as part of its general police service in that Territory.

The Commonwealth will ensure that this recommendation is placed on the Australian Police Ministers ' Council agenda so that the results can be shared between the jurisdictions.

Implementation in 1995/96

In respect of the appointment of ALO 's, it was proposed that a joint submission would be made to the WBACC by the Council's coordinator and the OIC Jervis Bay Police Station.

The AFP ACT Region continued to liaise with the Aboriginal and Torres Strait Islander communities on community policing through the Aboriginal/Police Liaison Committee, and the Policing Sub-committee of the ACT Aboriginal and Torres Strait Islander Advisory Council. The ACT Government is also actively involved in the improvement of Aboriginal/police relations through its membership of the Australasian Police Ministers' Council.

In July 1995, the AFP launched its Indigenous Recruitment and Career Development Strategy, which aims at attracting, recruiting and retaining indigenous people to the organisation.

1995-96 Annual Report 336

proposed role description and selection criteria for the ALO in late June 1996.

The AFP's Indigenous Recruitment and Career Development Strategy was developed by Groundwork Development in consultation with ACT and Wreck Bay Aboriginal communities, AFP and DEETY A.

Outcomes

It is anticipated that administrative guidelines, and terms & conditions issues will be resolved early in 1996/97. It is proposed that the position be trialed for 6 months.

Using the AFP's Indigenous Recruitment and Career Development Strategy, the AFP have currently 22 indigenous personnel: 5 x Police, 8 x Police recruits, 7 x staff members and 2 x cadets. These indigenous personnel are located throughout Australia in Sydney, Canberra, Perth and Adelaide. Under

this strategy, the AFP will continue to employ more indigenous personnel to reflect the composition of the wider Australian society.

1996/97 and Beyond

Cross references

Recommendation 221

Contact

Australian Federal Police- Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 275 7621 Facsimile 06 275 7733

Chapter !!-The Criminal Justice System : Relations with Police 337

1995-96 Annual Report 338

Chapter 12

YOUNG ABORIGINAL PEOPLE AND THE JUVENILE JUSTICE SYSTEM

Youth Bail Accommodation Program

Young Persons Sport and Recreation Development Program

Young People 's Development Program

Recommendations 62, 234-240, 242

Chapter 12-Young Aboriginal People and the Juvenile Justice System 339

Youth Bail Accommodation Program

Relevant Royal Commission Recommendations

Recommendations 62 and 236

Description of Program

This program funds the development of community-based bail accommodation and supervision options for young Aboriginal people and Torres Strait Islanders on remand, in order to provide a more culturally appropriate bail environment. The programme aims to reduce the rate at which young indigenous people are remanded in police custody or juvenile detention centres by providing courts and police with options for bail accommodation and supervision.

By providing courts and police with an alternative in the form of bail accommodation and supervision, it is anticipated that fewer young people will be remanded in custody.

Resources

In 1995/96 total funding of$727,471 was made available.

Implementation 1995/96

ATSIC supported the operation of three youth bail hostels during the year. South Australia has two Youth Bail Hostels, located in metropolitan Salisbury and in Port Augusta, in the State's north. The Northern Territory has one Youth Bail Hostel located in Alice Springs.

The South Australian Aboriginal Child Care Agency Forum Incorporated hosts the Jimmy Best Safe House in Salisbury, and is sponsoring the Port Augusta Youth Bail Hostel.

The Central Australian Childcare Agency continues to support the Aranda House Youth Bail Facility. This facility operates as a multi-purpose centre for juveniles at risk and underprivileged Aboriginal youth. Aranda House also places youth within schools or in local work training programmes.

Aranda House is also used for related projects such as the Link Up Programme and family violence programmes.

1995-96 Annual Report 340

Moves were unsuccessful in establishing other Youth Bail Hostels at Palm Island in Queensland and at Kalgoorlie in Western Australia.

The Bolloway Community Services Aboriginal Corporation has purchased, with support from A TSIC' s Land Acquisition program, a property on the south coast of New South Wales for the purpose of establishing a Cultural Revival Centre. While the Centre will not be a hostel for youth bail purposes, the

Corporation intends to target young people before they become involved in the criminal justice system. The Corporation is seeking ongoing funding from NSW State Government authorities.

The programme is administered through Aboriginal and Torres Strait Islander organisations which have submitted successful applications in conjunction with State/Territory government agencies. Only proposals endorsed by Regional Councils are considered for funding. Organisations must also negotiate and liaise with State/Territory governments to obtain ongoing

financial support.

Outcomes

The Jimmy Best House continued to operate in 1995/96 and averaged 2.5 clients per night, with 38% of its clients returning to the support of families . Not only were these youths re-united with families and diverted from contact with the criminal justice system, they were housed in an environment run by

Aboriginal houseparents.

The Port Augusta Bail House provided accommodation for 2.8 clients per night, with an average age of 14 years. 40% of the clients left the House to return to live with families.

The Aranda House Youth Bail Programme housed between 16 and 20 youths per week during the reporting period. Key components of the Programme are life skills education, counselling and referral services and a wide range of recreational activities.

1996/97 and Beyond

Funds provided by ATSIC for the Community andY outh Support Programme are to terminate after the end of March 1997 because of budget reductions. As a consequence, a number of initiatives specifically aimed at youth may be forced to wind up. For example, it is expected that the South Australian Aboriginal Child Care Agency will close the Port Augusta service and

Chapter 12-Young Aboriginal People and the Juvenile Justice System 341

concentrate on maintaining the facility in Salisbury. This would allow the Agency the opportunity to meet supervisory requirements, retain a Youth Bail Service and seek alternative funding .

A TSIC intends to be actively involved as a negotiating partner in securing ongoing recurrent funding from other sources.

Contact

Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8864 Facsimile (06) 285 3741

1995-96 Annual Report 342

Young Persons Sport and Recreation Development Program

Relevant Royal Commission Recommendations

Recommendations 236-238, 62, and 210

Description of Program

The Programme aims to develop young Aboriginal and Torres Strait Islander people by providing opportunities in sport and recreation. It is jointly managed by ATSIC and the Australian Sports Commission (ASC) and operated by States/Territories Department of Sport and Recreation.

Up to 38 Aboriginal Sport and Recreation Development Officer (ASRDOs) employed by State/Territory Departments of Sport and Recreation work in regional locations around Australia to:

â¢ plan and implement Programmes which focus on youth and general community sport and recreation development as a method of diverting youth at risk from anti-social behaviour and contact with the justice system. â¢ identify the training needs of community based people, highlighting the

involvement of young people. â¢ enable communities to access existing mainstream sport and recreation programmes and facilities; and

Under the guidelines agreed by ATSIC and State/Territory Governments:

â¢ satisfactory implementation of the current agreement may result in the negotiation of an additional three year agreement. â¢ ATSIC expects each State/Territory government to contribute to the Programme, perhaps with operational costs of supporting development

officers at the end of Commonwealth funding; and â¢ A commitment to maintain the effort, and the number of development officers at the end of this Programme.

Resources

$8.3m over 5 years. $1.93m in 1995/96.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 343

Implementation 1995/96

The training workshops conducted by the ASC as part of the Young Person's Sport and Recreation Development Programme enhanced Aboriginal Sports and Recreation Development Officers' skills in principles of policy development, gave training in sports development, budgeting and provided them with a better understanding of the sport delivery process and network. Workshops were held in Adelaide and Lake Tinnaroo on the Atherton Tablelands, Far North Queensland.

All28 Aboriginal and Torres Strait Islander Sport and Recreation Development Officers (ASRDOs) currently employed through State/Territory Departments of Sport and Recreation are Indigenous people receiving job-specific training through their respective employees. New South Wales and Queensland have allocated additional resources for this programme on a short term basis.

Highlights of the programme included:

â¢ In the ACT, an Indigenous Youth Network was established with a publication of community sport information, Ngangi News being produced. An Indigenous Women in Action Programme saw young Aboriginal people train students in traditional games using modem equipment. â¢ The Midnight 3 on 3 Basketball Competition for homeless youth was held

in Sydney. â¢ In Queensland, an All Blacks Football Carnival was held in Townsville. A Sport Education Programme was conducted for 120 people in coaching, officiating, sports administration and medicine across six sports: touch

football, netball, softball, rugby league, basketball, Australian rules and cricket. â¢ SAASRA (South Australian Aboriginal Sport and Recreation Association), a peak Aboriginal sports agency regionalised its programme with officers

being placed in Ceduna and Whyalla as well as two officers in Adelaide. Furthermore, a Football and Basketball Carnival with teams from South Australia and Victoria was held in Adelaide. Regional Officers upgraded community needs analysis in the lands.

â¢ ASRDOs are now based throughout Western Australia, specifically in Broome, Carnarvon, Kalgoorlie, Northam and Karratha. The State Government also supports two permanent community Recreation Development Officers in Geraldton and Perth. â¢ In Tasmania, an advisory group consisting of community representatives,

Aboriginal organisations and Government agencies conducted several

1995 -96 Annual Report 344

rounds of consultative meetings and devised a Sport and Recreation Strategy which will be finalised in 1996/97. â¢ The Programme in South Australia is delivered by a community based organisation, the South Australian Aboriginal Sport and Recreation

Association (SAASRA), which negotiates with schools and education authorities in an effort to advise Aboriginal Education Workers as to the availability of the Programme and to received feedback on its appropriateness. SAASRA are currently negotiating with the Department of Sport and Recreation and ATSIC to establish a partnership agreement. â¢ In the Northern Territory, there is liaison between Aboriginal communities

and ASRDOs. The ASRDOs have been asked to attend Community Council meetings to discuss what sporting and/or recreational activities should take place and how planned activities fit into the community planning process. The ASRDOs attend cultural and sport festivals to

speak to visitors from other communities.

1996/97 and Beyond

The Young Person's Sport and Recreation Development Programme and the National Sport and Recreation Programme was sub-contracted to the Australian Sports Commission in July 1996. A Memorandum of Understanding has been signed with the ASC which includes goals, strategies

and outcomes for both Programmes. It is anticipated that the arrangement will enhance sporting outcomes for Indigenous youth at the local and regional levels, through greater access for Indigenous people to mainstream sport and recreation Programme. The number of Aboriginal Sport and Recreation Development Officers is expected to increase from 28 to 35 in 1996/97.

Outcomes

In all States and Territories:

â¢ 7 5 Indigenous people were nationally accredited as coaches in Brisbane across 4 sports; â¢ Sports administration accredited courses were conducted for 90 community people across the top end of the Northern Territory; and â¢ 53 people in South Australia were accredited as sports trainers;

Reference to Broader Policy Objectives

The major policy achievement is the subcontracting of ATSIC's two national sports programmes to the Australian Sports Commission, including the Young

Chapter 12-Young Aboriginal People and the Ju venile Justice Sys tem 345

Person's Sport and Recreation Development Program. The establishment of a Task Force of Indigenous Sport reported to the Minister in July 1996. The Task Force objective was to advise the Government in the implementation of an integral developmental approach to Indigenous Sport. Commissioner Terry O'Shane was ATSIC's representative on the Task Force. Additional Federal funding through the ASC will result in the YPSRDP becoming part of a new Indigenous Sports Programme.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 8930 Facsimile (06) 285 2692

1995-96 Annual Report 346

Young People's Development Program

Relevant Royal Commission Recommendations

Recommendations 236-238, 62 and 210

Description of Program

In cooperation with the States and Territories, this Programme aims to address the extreme disadvantage faced by young Aboriginal and Torres Strait Islander people, and, in particular those at risk of imprisonment or already in the juvenile justice system. YPYDP funds form part of Regional Council

Allocations. These funds were used for community based projects, such as employment and training for community youth workers. The CYS Programme, which includes YPDP, either is used as supplementary funding to organisations who already received their main funding from other ATSIC or

other government programmes. However, in many communities there is a lack of inadequate facilities for youth and family services. In remote or country areas, the CYS Programme may be the only source of funding received by community organsiations.

Resources

$23m over 5 years. In 1995/96 YPDP funding allocated between ATSIC Regional Councils for youth projects as a component of the Community and Youth Support (CYS) Programme.

Aboriginal Hostels Limited (AHL) Royal Commission into Aboriginal Deaths in Custody funding allocation for 1995/96 was $270,000 specifically for hostel maintenance works. AHL's expenditure was in excess of $270,000.

Implementation 1995/96

Funds were provided to Regional Councils for youth projects and programmes. Regional Councils made 468 grants across all States. The CYSP component, which includes YPDP funding, funded a range of community services. The following are examples of how YPDP funding was used in 1995/96.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 347

â¢ The Townsville Regional Aboriginal and Torres Strait Islander Corporation for Youth was provided with an operation subsidy to maintain a venue to provide a focus for activities for young people to reduce juvenile crime. The organisation ran 6 youth projects/activities per week,

has assisted young people to attend youth related events, and implemented a number of other Programmes. These included: computer training; first aid and driving courses; personal development and recreational camps. â¢ In New South Wales, safe sex and alcohol prevention campaigns were

held in the Kempsey region. Workshops were conducted with 35 youth participating, who afterwards signed up for fitness Programmes and sporting activities. Communities also had a strong emphasis on youth for NAIDOC Week activities and celebrations. â¢ YPDP in South Australia included purchasing musical instruments to

benefit 40 young Davenport residents. In Whyalla, sporting and camping activities involved 60 young people. Young people in Port Augusta benefited from local community promotions of healthy lifestyles. â¢ Tumbukka Regional Council in Victoria has retained th e YPDP as a

separate allocation within the Community and Youth Support Programme. Funding is for the employment of Youth Officers. Binjirru Regional Council provided sixteen Aboriginal operations with grants for either recurrent operations or one off projects.

AHL provides culturally appropriate accommodation to enable Aboriginal and Torres Strait Islander people to obtain dignity and equity in the Australian community. AHL has three sub-Programmes targeting young people. The secondary and primary education Programmes provide and fund accommodation for youth with special training needs or youth who are geographically isolated, to enable them to access primary or secondary schools. The youth Programme provides funding for hostels for young people at risk of offending. Young people and children are also major users of AHL's transient hostels, tertiary education and training hostels and AHL's student rental subsidy scheme. Tn 1995/96 RCIADIC funds were used to conduct major maintenance works at Biala Hostel in Sydney for secondary school girls and minor maintenance works at various other hostels used by young people.

Discussions took place with DEETY A towards the end of the reporting year on the development of a Youth Statement to be released in 1996/97. ATSIC contributed to the statement regarding Indigenous youth issues and programmes.

AHL's Client Services Division conducts comprehensive research into the need for new hostel services before allocating funds and the effectiveness of existing hostel services is evaluated on an ongoing basis. This research and

1995-96 Annual Report 348

evaluation includes hostel consultation with hostel staff and clients, Aboriginal and Torres Strait Islander communities, ATSIC Regional Councils, Aboriginal and Torres Strait Islander organisations and government and non-government agenctes.

1996/97 and Beyond

The CYS Programme, hence YPDP will be discontinued form 31 March 1997. This time will assist organisations to wind down, down-size or secure alternate funding for their operations.

RCIADIC funds of $250,000 for 1996/97 have been allocated to partly fund the development of a new secondary student hostel in Tennant Creek.

Outcomes

The CYS Programme component, which includes YPDP funding, funded a range of community services which resulted in:

â¢ the employment of youth workers; â¢ providing operational and capital grants to Indigenous youth support servtces; â¢ running a number of youth camps and workshops;

â¢ increase in young people accessing services; and â¢ raising of young people's self esteem and cultural identity. As a result, they are less inclined to come into contact with the criminal and juvenile justice systems.

These Programmes helped to reduce contact with the juvenile justice system by improving education opportunities for youth who are isolated or have special education needs and by providing culturally appropriate accommodation for homeless youth who would otherwise be at risk of

offending.

Reference to Broader Policy Objectives

Due to Federal Government cutbacks in the 1996/97 Budget, it has been agreed that ATSIC funding priority be given to organisations which:

â¢ promote the distinct identity of indigenous Australians; â¢ preserve indigenous cultural heritage; â¢ enhance the rights of indigenous people; and â¢ are not provided by other agencies.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 349

It will now be the responsibility of Commonwealth, State and Local Government agencies to provide services formerly provided by the CYS Programme to the indigenous community.

AHL hostels aim to support other government and community Programmes by providing accommodation for young people to access schools, tertiary institutions, medical treatment and employment and training opportunities.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone: Facsimile: (06) 289 8930 (06) 285 2692

1995-96 Annual Report 350

Recommendation 62

That Governments and Aboriginal organisations recognise that the problems affecting Aboriginal juveniles are so widespread and have such potentially disastrous repercussions for the future that there is an urgent need for Governments and Aboriginal organisations to negotiate together to

devise strategies designed to reduce the rate at which Aboriginal juveniles are involved in the welfare and criminal justice systems and, in particular, to reduce the rate at which Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care,

detained, imprisoned or otherwise.

The Commonwealth responded:

The Commonwealth will seek to implement a comprehensive national Aboriginal and Torres Strait Islander Youth Strategy to assist local communities to address youth issues. A key focus of the strategy will be directed to reduce the rate at which Aboriginal juveniles are involved in the

welfare and criminal justice system. It will emphasise the involvement of parents, elders and other community bodies in planning and implementing local strategies. The Commonwealth will also ensure agencies which administer programs

and services relevant to Aboriginal and Torres Strait Islander youth, give priority to community needs, develop information and communication systems to ensure local communities are fully informed of programs and services, and develop their own plans in conjunction with Aboriginal and

Torres Strait Islander Commission (ATSIC) Regional Councils taking account of local youth development plans.

Resources

The resources allocated to Aboriginal and Torres Strait Islander young people under the Youth Training Initiative (YTI) are not separately identified. An equitable share is accessed by Aboriginal and Torres Strait Islander peoples (see below).

Chapter 12-Young Aboriginal People and the Juvenile Justice System 351

Implementation 1995/96

The YTI commenced on 1 January 1995. The YTI is an early intervention strategy that assists unemployed young people aged 15-17 years to access suitable education, training or work opportunities. The YTI provides:

â¢ intensive case management, so that unemployed young people aged 15-17 have the assistance of a specific case manager in their search for suitable work, training or education opportunities. YTI clients are eligible for case management 13 weeks after registering with the CES as unemployed (with earlier case management assistance for those young people at 'high risk' of becoming long term unemployed); â¢ access to a labour market or vocational training programme for young

people who are in case management or who quality under the relevant programme guidelines; and â¢ income support for eligible young people through the Youth Training Allowance (YTA). The YTA provides support for young people

undertaking approved education, training or job search activities.

The YTI is delivered through the Commonwealth Employment Service (CES) Network, including Youth Access Centres. Case management is delivered through both Employment Assistance Australia, which is a Commonwealth agency, and non-government Contracted Case Managers.

The Department of Social Security (DSS) is the paying agency for the YT A. Policy responsibility for the YT A was initially allocated to the Department of Employment, Education and Training (as it was then named) but was transferred to the Department of Social Security in March 1996.

The Department has liaised with the Australian Youth Policy Action Coalition (A YPAC) in the implementation ofthis initiative.

Outcomes

At 30 June 1996, there were 54,711 YTI clients; 7.7% ( 4,231) of these were Aboriginal and Torres Strait Islander young people.

1996/97 and Beyond

The Government has identified youth unemployment as a key priority, and education and training outcomes will continue to be recognised as important for young people.

1995-96 Annual Report 352

With the introduction of the new Commonwealth service delivery agency and Employment Placement Enterprises (EPEs) during 1997, a comprehensive approach to youth servicing will simplify arrangements for young people while directing assistance to those most at risk of long term unemployment. Two new initiatives are being introduced that will assist

disadvantaged young people. They are:

â¢ funding of$155,915 to Tangentyere Council, Alice Springs, NT to provide an alternative education program for the Alice Springs Town Camp Kids. The program aims to assist young Aboriginal people who have dropped out of school by promoting enhanced mental health,

suicide prevention, and juvenile crime prevention in addition to education, training and employment outcomes. â¢ $50,000 to Alice Springs Youth Accommodation and Support Services Incorporated to employ a coordinator to develop a working model of

local service coordination, planning and information sharing. It will evaluate existing youth sector networks in NT and develop strategies to ensure the model's continuation and transferability to similar projects in NT. Work will be undertaken with and through the Alice Springs

Youth Affairs Coordinating Committee and the NT Youth Services Forum.

The Government is re-establishing the Job Placement, Employment and Training (JPET) programme. JPET aims to assist students and unemployed young people under 21 years (with priority to be given to those aged 15 to 19), who are homeless or at risk of becoming homeless. Aboriginal and

Torres Strait Islanders form a significant part of this client group. Assistance is provided to help these young people overcome barriers to employment and education, including severe personal problems arising from family relationships, substance abuse and lack of self esteem. The 1996-97 Budget has allocated funding for the programme of $11m per annum for the next two years. DEETY A has been given responsibility for the

administration of this programme and has consulted with A YP AC.

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 8220 Facsimile 06 240 8542

Chapter 12-Young Aboriginal People and the Juvenile Justice System 353

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3140 Facsimile 06 285 3741

1995-96 Annual Report 354

Recommendation 234

That Aboriginal Legal Services throughout Australia be funded to such an extent as will enable an adequate level of legal representation and advice to Aboriginal juveniles.

The Commonwealth responded:

At present, all Legal Aid Commissions and Aboriginal Legal Services provide legal advice and representation for juveniles, generally free of any means test.

Resources

During the 1995/96 financial year, Aboriginal and Torres Strait Islander Legal Services received over $31.5 million in grant funding, which included special enhancement funding provided as a response to the Royal Commission recommendations. This special funding is aimed at enhancing

the services provided by A TSILS including legal representation and advice to indigenous juveniles.

Implementation 1995/96

In Tasmania a major initiative has been the establishment of a community service order program for young people. The program which operates through the Tasmania Aboriginal Centre (T A C) provides for an option for offenders to work in the Aboriginal community. A trial program was also

initiated to evaluate the merits of removing repeat offenders from urban areas and placing them in meaningful activities in a rural area. The trial was suspended because of the high costs involved.

In SA a solicitor from the Aboriginal Legal Rights Movement is specifically dedicated to work in juvenile courts. The solicitor is assisted by a Youth Court Worker whose salary is supplemented by the State Department of Family and Community Services.

The South Coast Aboriginal Legal Service in NSW is operating a Young Offenders Program. The Program employs a Recidivist Officer who works with young offenders at risk of incarceration, and provides general and personal development activities for young offenders.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 355

The Aboriginal Legal Service of W A continued its strong public awareness and community education program, which includes publications on Juvenile Justice Issues.

The provision of services by ATSILS including services directed to juveniles is carried out in consultation with Aboriginal and Torres Strait Islander communities. Where appropriate, negotiations are undertaken with relevant government agencies.

Outcomes

In Victoria, there is improved access for juvenile clients to the Victorian Aboriginal Legal Service which services the Melbourne metropolitan area and has Regional Offices located at Bairnsdale, Mildura, Portland and Shepparton.

In Tasmania, negotiations with government has resulted in an inquiry into the operations and conditions in the Ashley Children's Detention Centre.

1996/97 and Beyond

1996/97 will be the final year of the special funding earmarked for ATSILS. Continuation of the special Royal Commission programmes, and their level of funding, will be decisions ofthe ATSIC Board.

Cross reference

Recommendations 105, 106, 107, and 108. Further information about Aboriginal and Torres Strait Islander Legal Services can be found in the Program Report Aboriginal and Torres Strait Islander Legal Services.

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 8864 Facsimile 06 285 3741

1995-96 Annual Report 356

Recommendation 235

That policies of Government and the practices of agencies which have involvement with Aboriginal juveniles in the welfare and criminal justice systems should recognise and be committed to ensuring, through legislative enactment, that the primary sources of advice about the interests and

welfare of Aboriginal juveniles should be the families and community groups of the juveniles and specialist Aboriginal organisations, including Aboriginal Child Care Agencies.

The Commonwealth responded:

The Australian Federal Police will cooperate with the Australian Capital Territory Government in the implementation of this recommendation at Jervis Bay, recognising that Australian Capital Territory law applies in that Territory.

The Commonwealth recognises the Aboriginal and Torres Strait Islander Commission, the national representative organ of Aboriginal and Torres Strait Islander people, as the body to monitor welfare and criminal matters relating to Aboriginal and Torres Strait Islander people.

Resources

Unable to determine at this stage

Implementation 1995/96

AFP General Instruction 13 (Persons under the age of 18 years) ensures that families and/or relevant community groups are informed when juveniles are in contact with police. Further, ACT Regional Instruction 21 /93 (Children), which includes Jervis Bay, ensures protocols to be adopted by police when

children are in contact with the AFP.

The AFP have introduced a police diversionary scheme in the ACT, similar to that which is operating in W agga W agga. The aim of the scheme is to divert people from the criminal justice system. The scheme involves a conference of the offender and victim, their respective families and friends, and police,

victim.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 357

ACT Regional Instruction 23/93 (Cautions & Diversionary Conference) provides guidelines for proceeding with a caution or undergoing diversionary conferencing.

Meetings were held between officers from the DEST, ACT Attorney-General's Department, AFP, ACT Magistrate's Court and ACT Alcohol and Drug Service to determine the Commonwealth position prior to a meeting with the Wreck Bay Aboriginal Community Council (WBACC). The purpose of the meeting was to discuss the implementation and monitoring of this recommendation, among others with direct applicability to the Jervis Bay Territory. Since then, discussions have been held with members of the WBACC.

Outcomes

Diversionary conferencing has been placed on the agenda of the next Aboriginal Justice Advisory Committee (AJAC) meeting scheduled for September 1996.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Contact

Australian Federal Police, Malunggang Aboriginal and Torres Strait Islander Unit

Telephone: 06 2757621 Facsimile: 06 2757733

1995-96 Annual Report 358

Recommendation 236

That in the process of negotiating with Aboriginal communities and organisations in the devising of Aboriginal youth programs Governments should recognise that local community based and devised strategies have the greatest prospect of success and this recognition should be reflected in funding.

The Commonwealth responded:

The Commonwealth recognises and acknowledges th e importance of lo ca l community-based and devised strategies. Th e Commonwealth will seek to put in place an Aboriginal and Torres Strait Islander Youth Strategy focusing on community-based plans through which support will be provided

for locally identified youth needs (see Commonwealth response to Recommendations 62 and 237).

Resources

During 1995/96, $396,293 was provided to community based projects that were continuing to operate under the Australian Youth Initiatives Grants (AYIG) Programme. Of this amount, $72,609 (18.3 %) was provided to projects that specifically targeted Aboriginal and Torres Strait Islander young people. A number of other AYIG projects assisted Aboriginal and

Torres Strait Islander young people, as well as other disadvantaged young people.

Implementation 1995/96

A YIG was intended to assist disadvantaged young people into employment, education and training, with specified target groups including young Aboriginal and Torres Strait Islander people.

AYIG was due to be phased out from 30 June 1995. The then Government considered that disadvantaged young people were more appropriately incorporated into the mainstream programme. $396,293 was paid during 1995/96 as continuing payments for A YIG projects that had been approved before 30 June 1995. Examples of successful A YIG projects with a primary

target group of Aboriginal and Torres Strait Islander young people included:

Chapter 12-Young Aboriginal People and the Juvenile Justice System 359

CREATE - NT (formerly NT Arts Industry Training Council)

Project Description: Develop the musical interests, skills and abilities of local unemployed Aboriginal young people to enable access to employment and training options within the music industry.

Wathaurong Aboriginal Cooperative- Victoria

Project Description: To provide a full time project coordinator/trainer to train Aboriginal young people in arts, crafts, and to produce goods that can be sold to generate income.

Barna Ngappi Ngappi- Queensland

Project Description: Provide high quality training and professional work experience in the areas of pottery techniques, screen and fabric printing design and techniques, promotion and marketing strategies for Aboriginal arts and crafts, and traditional dance performance.

Outcomes

The experience with A YIG indicated that a project targeted at Aboriginal and Torres Strait Islander young people will be successful only if it has the full support of the local community and if the project managers approach the community in a culturally appropriate manner. In 1995, Deakin Human

Services Australia completed An Evaluation of the Programs and Services of the Commonwealth Youth Bureau. The evaluation included a discussion of Aboriginal and Torres Strait Islander initiatives, which concluded that "Key elements relating to best practice included":

â¢ projects being culturally attuned to local communities needs and interests; â¢ key project personnel to be Aboriginal and Torres Strait Islanders; â¢ the project to be developed with client and community support; â¢ consistency and continuity amongst service personnel; and â¢ projects to be developed with young people's interests and abilities.

1996/97 and Beyond

A YIG was a four year programme which is being phased out. No new grants have been approved since 30 June 1995.

1995-96 Annual Report 360

Contact

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 8220 Facsimile 06 240 8542

Chapter 12-Young Aboriginal People and the Juvenile Justice System 361

Recommendation 237

That at all levels of the juvenile welfare and justice systems there is a need for the employment and training of Aboriginal people as youth workers in roles such as recreation officers, welfare officers, counsellors, probation and parole officers, and street workers in both Government and community

organisations. Governments, after consultation with appropriate Aboriginal organisations, should increase funding in this area and pursue a more vigorous recruitment and training strategy.

The Commonwealth responded:

Under the proposed Aboriginal and Torres Strait Islander Youth Strategy, the Commonwealth will examine funding to Aboriginal and Torres Strait Islander organisations to employ community youth workers and recreation officers to assist communities in the implementation of youth programs.

Under the Public Service strategies, funded by the Commonwealth through the Department of Employment, Education and Training, States and Territories will be asked to emphasise recruitment and training of Aboriginal and Torres Strait Islander people in youth program service

areas. The Commonwealth will provide funding for Aboriginal and Torres Strait Islander organisations to establish supervised juvenile bail hostels, with Aboriginal and Torres Strait Islander people as supervisors and

mentors/counsellors. These workers will provide an integrated approach to meeting individual needs by facilitating access to appropriate programs and services.

Funding to Aboriginal and Torres Strait Islander organisations to employ community youth workers and recreation officers. States/Territories asked to emphasise recruitment and training of Aboriginal and Torres Strait Islander people in youth Program service areas. Provide funds to establish supervised juvenile youth hostels.

Resources

Young Person's Sport and Development Program (YPSRDP)

$8.3m over 5 years. $1.93m in 1995/96.

1995-96 Annual Report 362

Young Person's Development Program (YPDP)

$23m over 5 years. In 1995/96, YPDP funding was allocated between ATSIC Regional Councils for youth projects as part of the Community and Youth Support Program.

Youth Bail Accommodation Scheme (YBA)

Total funding of $4.46m over 5 years was provided.

Implementation 1995/96

Young Person's Sport and Recreation Development Program

and Queensland have additional resources for this Program on a short term basis.

The Australian Sport Commission (ASC) continued its bi-annual training workshops. Workshops were held in Adelaide and Lake Tinnaroo on the Atherton Tablelands, Far North Queensland.

Young Person's Development Program

In co-operation with the States and Territories, this Program aims to address the extreme disadvantage faced by young Aboriginal and Torres Strait Islander people, and, in particular those at risk of imprisonment or already in the juvenile justice system. YPDP funds form part of Regional Council

allocations. These funds were used for community based projects, such as employment and training for community youth workers.

Young Person's Sport and Recreation Development Program

In SA, the Program is delivered by a community based organisation, the SAn Aboriginal Sport and Recreation Association (SAASRA), which continually negotiates with schools and education authorities in an effort to advise Aboriginal Education Workers as to the availability of the Program and to receive feedback on its appropriateness.

Chapter 12-Young Aboriginal People and th e Juvenile Justice System 363

SAASRA are currently negotiating with the Department of Sport and Recreation and ATSIC to establish a partnership agreement.

In the NT, there is continued liaison between Aboriginal communities and ASRDOs. The ASRDOs have been asked to attend Community Council meetings to discuss what sporting and/or recreational activities should take place and how planned activities fit into the community planning process. The ASRDOs attend cultural and sport festivals to spread the message to visitors from other communities.

Young Person's Development Program

(See Recommendation 238)

Youth Bail Accommodation Program

(See Recommendation 31 0)

Outcomes

Young Person's Sport and Recreation Development Program

In all States and Territories, Aboriginal Sport and Recreation Development Officers (ASRDOs) held sport promotions and recreational activities. Promotions and activities differed from State to State, as local communities were involved in their development of sporting and recreational needs. An example was basketball promotion in Tasmania to alcohol prevention strategies through community games in W A. Access and equity for women in sport was addressed in Queensland with Mt Isa hosting a multi-sports women's festival.

The training workshops conducted by the ASC as part of the Young Person's Sport and Recreation Development Program enhanced Aboriginal Sports and Recreation Development Officers' skills in principles of policy development, gave training in sports development, budgeting and provided them with a better understanding of the sport delivery process and network.

In addition to this ATSIC Regional Councils allocated funds from the Community and Youth Support Program for sporting and recreational activities. Examples include:

1995-96 Annual Report 364

The Far West Aboriginal Progress Association Inc. in SA received funding to maintain the water and beautification of the Aboriginal Sports Complex in Ceduna. The organisation has achieved its objective by promoting social and physical well being of the Aboriginal community within the Wangka Wilurrara Region and development of a positive self image for indigenous peoples through increased access and participation in recreation and

sporting.

In Queensland, the Yarrabah Community operated a youth sports program to increase sporting participation and reduce juvenile crime.

In Victoria, the Fitzroy Stars Aboriginal Community Youth Club/Gymnasium Inc, a Melbourne based health fitness and youth club activity, provided with funds for employment and operating costs.

Young Person's Development Program

(see Recommendation 23 8)

Youth Bail Accommodation Program

(See Recommendation 31 0)

1996/97 and Beyond

Community Youth and Support Program (CYSP)

CYSP, hence YPDP will be discontinued from 31 March 1997. Organisations continue to be funded until that time to allow for a winding down or restructuring of their operations.

Young Person's Sport and Recreation Development Program

The Young Person's Sport and Recreation Development Program and the National Sport and Recreation Program was sub-contracted to the Australian Sports Commission in July 1996. A Memorandum ofUnderstanding has been signed with the ASC which includes goals, strategies and outcomes for both Programs. It is anticipated that the ASC will enhance sporting

outcomes for Indigenous youth at local and regional levels, as well as focus on greater access and improved outcomes for Indigenous people through mainstream sport and recreation programs. The number of Aboriginal Sport and Recreation Development Officers is expected to increase from 28 to 35

in 1996/97.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 365

Youth Bail Accommodation Program

(see Recommendation 31 0)

Cross References

Recommendations 62, 236, 238 and 310

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3412 Facsimile 06 285 2692

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 7764 Facsimile 06 240 8202

Australian Sports Commission

Telephone 06 252 1820 Facsimile 06 252 1224

1995 -96 Annual Report 366

Recommendation 238

That once programs and strategies for youth have been devised and agreed, after negotiation between Governments and appropriate Aboriginal organisations and communities Governments should provide resources for the employment and training of appropriate persons to ensure that the programs and strategies are successfully implemented at a local level. In

making appointment of trainers preference should be given to Aboriginal people with a proven record of being able to relate to, and influence, young people even though such candidates may not have academic qualifications.

The Commonwealth responded:

Under the proposed Aboriginal and Torres Strait Islander Youth Strategy the Commonwealth will examine the employment and training of Aboriginal and Torres Strait Islander people to deliver programs to Aboriginal and Torres Strait Islander youth. In the juvenile bail hostels to be established by Aboriginal and Torres Strait

Islander organisations with Commonwealth funding, Aboriginal and Torres Strait Islander people will be employed as supervisors and mentors/counsellors. The Commonwealth acknowledges the support of this recommendation by

the States and Territories. Under the Public Service strategies, funded by the Commonwealth through the Department of Employment, Education and Training, States and Territories will be asked to emphasise recruitment and training of Aboriginal and Torres Strait Islander people in youth program service areas.

Examine funding to Aboriginal and Torres Strait Islander organisations to employ community youth workers and recreation officers. Aboriginal and Torres Strait Islander people to be employed in juvenile bail hostels. States/Territories asked to emphasise recruitment/training of Aboriginal and

Torres Strait Islander people in youth program areas.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 367

Resources

Young Person's Development Program (YPDP)

$23m over 5 years. In 1995/96, YPDP funding was allocated between A TSIC Regional Councils for youth projects as part of the Community and Youth Support Program (CYSP).

Implementation 1995/96

Young Person's Development Program

In co-operation with the States and Territories, this Program addressed the extreme disadvantage faced by young Aboriginal and Torres Strait Islander people, and, in particular those at risk of imprisonment or already in the juvenile justice system. YPDP is split into Regional Council allocations. All

Regional Councils distributed YPDP funds which provided for community based projects such as employment and training of community youth workers.

Young Person's Development Program

All ATSIC funded organisations and their projects are implemented in the regions and negotiated with the Regional Councils, the area administration and the local community.

For example, Aranda House in the NT receives RCIADIC funding to run youth Programs. Its sub committee comprises representatives from government and community agencies. Extensive consultation has occurred between the community and the sub-committee regarding what agencies

should be approached to fund the centre's programs.

Outcomes

Young Person's Development Program

Over the past five years, ATSIC received $23.99m for YPDP. These funds were provided to Regional Councils for youth projects and programs. Regional Councils made 468 grants across all States. The CYSP component, which includes YPDP funding, funded a range of community services.

1995-96 Annual Report 368

The Program has a strong focus on empowering organisations. CYSP, which includes YPDP, either is used as supplementary funding to organisations who already receive their main funding from other ATSIC or Government programs. However, in many communities there is a lack of

inadequate facilities for youth and family services. In remote or country areas, CYSP may be the only source of funding received by community organisations. The following are examples of how YPDP funding was used in 1995/96:

In Queensland, the Townsville Regional Aboriginal and Torres Strait Islander Corporation for Youth was provided with an operational subsidy to maintain a venue which would provide a focus for activities for young people to reduce juvenile crime. The organisation ran 6 youth projects/activities per week, has assisted youth to attend youth related

events, and implemented a number of other programs. These included: computer training; first aid and driving courses; personal development and recreational camps.

In NSW, safe sex and alcohol prevention campaigns were held in the Kempsey region. Workshops were conducted with 35 youth participating, who afterwards signed up for fitness programs and sporting activities. Communities also had a strong emphasis on youth for NAIDOC Week

activities and celebrations.

In SA, YPDP included purchasing musical instruments to benefit 40 young Davenport residents and in Whyalla sporting and camping activities involved 60 young people. In Port Augusta, young people benefited from local community promotions of healthy lifestyles. These organisations

reported successful outcomes, with an increase in young people accessing services provided and a raising of young people's self esteem and cultural identity. As a result, they are less inclined to come into contact with the criminal and juvenile justice systems.

1996/97 and Beyond

Young Person's Development Program

CYSP, hence YPDP, will be discontinued from 31 March 1997. Organisations continue to be funded until that time to allow for a winding down or restructuring of their operations.

Chapter 12-Young Aboriginal People and the Juvenile Justice System 369

Cross References

Recommendations 62,236,237 and 310

Contact

Aboriginal and Torres Strait Islander Commission

Telephone 06 289 3412 Facsimile 06 28 5 2692

Department of Employment, Education, Training and Youth Affairs

Telephone 06 240 7764 Facsimile 06 240 8202

1995-96 Annual Report 370

Recommendation 239

That Governments should review relevant legislation and police standing orders so as to ensure that police officers do not exercise their powers of arrest in relation to Aboriginal juveniles rather than proceed by way of formal or informal caution or service of an attendance notice or summons

unless there are reasonable grounds for believing that such action is necessary. The test whether arrest is necessary should, in general, be more stringent than that imposed in relation to adults. The general ru le should be that if the offence alleged to have been committed is not grave and if the

indications are that the juvenile is unlikely to repeat the offence or commit other offences at that time then arrest should not be effected.

The Commonwealth responded:

The Commonwealth comprehensively reviewed child welfare legislation following the Australian Law Reform Commission Report on Child Welfare (1981). This resulted in the enactment of the Australian Capital Territory Children's' Services Act 1986, of which s. 31 placed limitations on the

arrest of children and s. 33 limitations on criminal proceedings (whether or not a caution has previously been given is a matter to be taken into account) as part of a complete regime. The provisions also apply to Jervis Bay Territory where there is a significant Aboriginal and Torres Strait Islander population.

At the national level the Review of Commonwealth Criminal Law (Fifth Interim Report-June 1991) has made recommendations concerning the criterion for arrest which will limit the likelihood of arrest in relation to all people who have committed Commonwealth offences. The criterion is so

strict that it is similar to that which applies to juveniles under the Australian Capital Territory Children's' Services Act 1986. Accordingly there is little scope for different criteria aimed at juveniles and it is sufficiently flexible so as to take into account the special circ*mstance of a juvenile. The

Commonwealth Attorney-General's Department supports these recommendations and will be putting forward proposals to amend relevant provisions of the Crimes Act 1914 in the near future. The Australian Federal Police notes that th e recommendation is addressed

by Regional Instructions 15 and 16 and General Instruction 13.

Resources

Unable to determine at this stage

Chapter 12-Young Aboriginal People and the Juvenile Justice System 371

Implementation 1995/96

When dealing with people under 18 years of age, AFP members regularly proceed by way of caution depending on the severity of the offence and other relevant factors for example prior history.

Furthermore, AFP instructions require members to consider proceeding by way of summons rather than arrest.

The AFP have introduced a police diversionary scheme in the ACT, similar to that which is operating in Wagga Wagga. The aim of the scheme is to divert people from the criminal justice system. The scheme involves a conference of the offender and victim, their respective families and friends, and police,

including a police facilitator, and operates on the principle of shaming the offenders into not offending again by making them face the victim and confront the consequences of their actions. The conference also aims to identify solutions to the problem, including reparation/retribution for the victim. ACT Regional Instruction 23/93 (Cautions & Diversionary Conference) provides guidelines for proceeding with a caution or undergoing diversionary conferencing.

Outcomes

Two AFP members deployed in the Jervis Bay Territory have been trained in diversionary conferencing. However, a diversionary conference has not yet been held in Jervis Bay; the main reason being that the majority of victims are visitors from interstate. Diversionary conferencing has been placed on the agenda of the next Aboriginal Justice Advisory Committee (AJAC) meeting scheduled for September 1996.

1996/97 and Beyond

The AFP recently underwent major structural changes. In order to support these changes, the AFP is reviewing guidelines, policies and procedures to

1995 -96 Annual Report 372

reflect the nature of the changes, as well as meeting the needs of the community. The AFP will continue to monitor this recommendation.

Cross references

Recommendations 240 and 242

Contact

Australian Federal Police, Malunggang Aboriginal and Torres Strait Islander Unit

Telephone 06 2757621 Facsimile 06 2757733

Chapter 12-Young Aboriginal People and the Juvenile Justice System 373

Recommendation 240

That: police administrators give police officers greater encouragement to proceed by way of caution rather than by arrest, summons or attendance notice; that wherever possible the police caution be given in the presence of a parent, adult relative or person having care and responsibility for the juvenile; and

that if a police caution is given other than in the presence of any such person having care and responsibility for the juvenile such person be notified in writing of the fact and details of the caution administered.

The Commonwealth responded:

The Children's Services Act 1986 provides for interviews of juveniles to take place in the presence of a parent or other appropriate person, and for the giving of a previous caution to be a matter to be taken into account when deciding whether to instigate criminal proceedings. Formal notification of

caution is not required. The Liquor Amendment Act 1987 (s. 17C) made specific provision for using cautions to juveniles, including providing a copy of the caution to the young person or his/her parent or guardian. The Australian Federal Police notes that paragraphs (a) and (b) of the recommendation are adequately addressed by Regional Instruction 15 and General Instruction 13. They will amend these instructions to reflect paragraph (c) of the recommendation.

Resources

Unable to determine at this stage

Implementation 1995/96

When dealing with people under 18 years of age, AFP members regularly proceed by way of caution depending on the severity of the offence and other relevant factors, for example: prior history. Furthermore, AFP instructions require members to consider proceeding by way of summons rather than arrest.

Further, AFP ACT Regional Instruction 21 /93 (Children), which includes Jervis Bay, ensures protocols to be adopted by police when children come in contact with the AFP.

1995-96 Annua l Report 374

This Regional Instruction, is in the process of being amended to require, inter alia, that where the parents or guardian of a child are not present at an interview, and the case officer proceeds by summons or gives the child an official caution, the case officer shall cause the parent or guardian to be notified, in writing, of the action taken.

The AFP have introduced a police diversionary scheme in the ACT, similar to that which is operating in Wagga Wagga. The aim of the scheme is to divert people from the criminal justice system. The scheme involves a conference of the offender and victim, their respective families and friends, and police,

victim. ACT Regional Instruction 23 /93 (Cautions & Diversionary Conference) provides guidelines for proceeding with a caution or undergoing diversionary conferencing.

Comments have been sought from the Wreck Bay Aboriginal Community Council (WBACC) and the ACT Aboriginal and Torres Strait Islander Council's Police Sub-Committee. Whilst the WBACC has not yet responded, comments have been received from the South Coast Aboriginal Legal Services. These comments were forwarded to the AFP's ACT Region for consideration prior to issuing the new instruction.

Outcomes

Diversionary conferencing has been placed on the agenda of the next Wreck Bay Aboriginal Justice Advisory Committee (AJAC) meeting scheduled for September 1996.

1996/97 and Beyond

Chapter 12-Young Aboriginal People and the Juvenile Justice System 375

Cross references

Recommendations 239 and 242

Contact

Australian Federal Police, Malunggang Aboriginal and Torres Strait Islander Unit.

Telephone 06 2757621 Facsimile 06 2757733

1995-96 Annual Report 376

Recommendation 242

That, except in exceptional circ*mstances, juveniles should not be detained in police lockups. In order to avoid such an outcome in places where alternative juvenile detention facilities do not exist, the following administrative and, where necessary, legislative steps should be taken:

a) police officers in charge of lockups should be instructed that consideration of bail in such cases be expedited as a matter of urgency; b) if the juvenile is not released as a result of a grant of bail by a police officer or Justice of the Peace then the question of bail should be

immediately referred (telephone referral being permitted) to a magistrate, clerk of Court or such other person as shall be given appropriate jurisdiction so that bail can be reconsidered; c) Government should approve informal juvenile holding homes,

particularly the homes of Aboriginal people, in which juveniles can lawfully be placed by police officers if bail is in fact not allowed; and d) if in the event a juvenile is detained overnight in a police lockup every effort should be made to arrange for a parent or visitor to attend and

remain with the juvenile whether pursuant to the terms of a formal cell visitor scheme or otherwise. Such steps shall be in addition to notice that the officer-in-charge of the station should give to parents, the Aboriginal Legal Service or its

representative.

The Commonwealth responded:

Australian Federal Police (AFP) Genera/Instruction 8 addresses paragraph (a) of this recommendation by requiring that where a child or young person is in custody, the officer-in-charge of the police station shall, after satisfYing himself or herself that the person will appear at court, admit

that person to bail with a surety from a parent, guardian or responsible adult. Other AFP procedures implement paragraph (d). of this recommendation. From a national perspective the Commonwealth applies State and Territory bail andjuvenilejustice laws. The Commonwealth

believes it would be undesirable to establish its own system, parallel to that of the States. It would involve unnecessary confusion. New bail laws and a recent report by the Australian Law Reform Commission on the Australian Capital Territory Children's Services

Ordinance are being considered by the Australian Capital Territory Government. Any changes to the Australian Capital Territory bail law will apply to Jervis Bay. The Commonwealth will review its position once the approach of the Australian Capital Territory Government has been settled.

Chapter 12-Young Aboriginal People and th e Juvenile Justice System 377

With respect to paragraphs (b) and (c) of this recommendation, Australian Capital Territory laws apply to the Jervis Bay Territory and the Commonwealth notes the Australian Capital Territory response to this recommendation.

Resources

Unable to determine at this stage

Implementation 1995/96

Within the ACT, including Jervis Bay, protocols for the care and management of Aboriginal and Torres Strait Islander 'prisoners at risk' can be found under ACT Regional Guidelines 4/96 (Care of Persons in Police Custody) and 5/96 (Watch House). Both were implemented in April 1996 to replace previous ACT Regional Instructions.

Existing consultative arrangements between police and the Aboriginal community in Jervis Bay - through WBACC - provide the opportunity and forum for members of the community to raise matters of concern.

The OIC of the Jervis Bay Police Station is a member of the Nowra Police/Aboriginal Liaison Committee, as well as the Aboriginal Justice Advisory Committee for the Wreck Bay area. Jervis Bay Police have regular meetings with members of the WBACC and maintain close communication and liaison with the community.

Outcomes

Only in exceptional circ*mstances is a juvenile detained in AFP cells. In Jervis Bay, the Police Station has a special holding room for juveniles pending their release on bail or appearance before the Court.

1995-96 Annual Report 378

One indigenous person was charged with a criminal offence and detained in police custody for 19 hours before being transferred to the Belconnen Remand Centre. No juveniles were detained in police custody in Jervis Bay.

1996/97 and Beyond

The AFP will continue to monitor this recommendation.

Cross references

Recommendations 239 and 240

Contact

Australian Federal Police, Malunggang Aboriginal and Torres Strait Islander Unit.

Telephone 06 2757621 Facsimile 06 2757733

Chapter 12-Young Abori ginal People and th e Juvenile Justi ce System 379

1995-96 Annual Report 380

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

PARLIAMENTARY PAPER No 10 of 1997 ORDERED TO BE PRINTED

ISSN 0727-4181