Too Many of Our Mob Behind Bars

The Aboriginal Legal Service (NSW/ACT) held a forum in Dubbo recently to discuss the fact that “Too Many of our Mob are Behind Bars”. Calling for community groups and individuals to share their stories, Dubbo Photo News spoke with acting regional community engagement manager at ALS on the issue. As told to Yvette Aubusson-foley

Why is there a sense the criminal justice system needs to change, with regard to the incarceration of indigenous people? What do the stats say?

In NSW, approximately 27 percent of the total adult prison population are Aboriginal. In NSW, Aboriginal women comprise 30 percent - which is currently the fastest growing cohort.

For far too many women, their families are greatly impacted as it can also result in child protection intervention with Aboriginal children and youth being removed from their families and placed into state care.

This presents a range of short and longer-term grief and trauma for the affected children and family as a whole. The ALS advocates for a greater investment in supporting vulnerable families to ensure the family unit is preserved and children grow up strong and healthy with their families and immersed in their culture.

For Aboriginal youth in detention, approximately 50 percent of all detainees are of Aboriginal descent.

These disproportionate rates of imprisonment and child removals is higher now than it was when the landmark Royal Commission into Aboriginal Deaths in Custody

and Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (known as Bringing Them Home) were convened over 20 years ago.

Many of the recommendations from these two investigations (which are blueprint for addressing the over-representation) have never fully been implemented.

There is a strong and urgent need for legislative reform as well as a greater investment in building communities (not gaols) as well as the need to strengthen and preserve Aboriginal families in ways that are heavily lead and guided by local Aboriginal people.

Can you talk about the types of issues people have expressed in the forums?

In no particular order some of the key issues/themes and solutions included:

Increased investment in community prevention and early intervention programs that address social disadvantage which are the major contributing factors that lead to over representation); i.e.

Justice Reinvestment – pilot program operating in Bourke NSW.

Need to develop community-based solutions aimed at preventing Aboriginal people from negatively engaging with care and protection and criminal jurisdictions in the first place.

Systemic and individual racism and discrimination. Aboriginal people describe the sense of not feeling welcome in their own community by non-aboriginal people.

Improving community relations with police and the Aboriginal community to build relationships and understanding;

Improving alternative and culturally appropriate sentencing options such as Koori Court and Care Circles; acknowledging that immersing people in their culture facilitates resilience.

Increased access to support services such as behaviour management, grief and loss/trauma counselling, drug and alcohol detox and rehabilitation, safe housing for domestic violence victims, mental health and disability support services.

Evidence has shown that Aboriginal people involved in the direct design and delivery of services for Aboriginal people are more successful in terms of achieving outcomes. Facilitating greater self-determination for Aboriginal people is required also in order to achieve these positive changes.

What work does the ALS do to helping Indigenous people?

The ALS is an Aboriginal community controlled legal organisation and one of the very first and therefore one of the oldest services of its kind in Australia

The ALS assists Aboriginal and Torres Strait Islander adults and children through direct representation in court proceedings, provision of legal advice and information as well as referral to other additional support services across NSW and ACT. This is delivered through our unique Care and Protection, Family, and Criminal law practices. We work directly with Aboriginal people in Children’s Courts, Criminal Courts (including Supreme Court work) and, through the federal Family Law Courts.

We also offer other supports which makes us differ from your standard legal service provider such as:

We employ Aboriginal field officers who are the cultural conduit between our legal practices and the Aboriginal community;

We operate the Custody Notification Service which provides timely legal advice for Aboriginal and Torres Strait Islander people who have been taken into police custody. This 24 hour service provides initial over the phone advice as well as a conducting a ‘wellbeing check’ with our client.

We make educational films, brochures, educational resources about legal information including rights and assist communities through our community legal education programs.

We have 22 offices and employ around 190 Aboriginal and non-aboriginal staff across NSW and ACT.

Can you say there is prejudice against Indigenous people in a disproportionate way? Why is that?

A majority of Aboriginal and Torres Strait Islander community across NSW and the ACT do not have negative interactions with the justice system however we know that there is a sobering overrepresentation of our people in these ‘systems’ which is increasing year by year.

There are ongoing issues of police harassment and intimidation of Aboriginal people particularly young people.

Most of the justice systems in Australia do regard the importance of identity and culture for Aboriginal people.

There is minimal understanding of the intergenerational trauma impacting Aboriginal people today that limits our opportunities to participate fully in community life.

There is no true understanding of contemporary Aboriginal parenting practices and the definition of family in an Aboriginal community which is far from nuclear.

Is it convenient for society to pigeonhole Indigenous people and assume because they are Aboriginal that automatically puts them on the wrong side of the law?

Many in the Aboriginal legal services sector describe the justice system as being heavily stacked against Aboriginal people and has been this way for far too long. There is a long history of distrust of government; a distrust of police/courts and child removal agencies. Aboriginal people do not view police of child protection agencies in particular as a service you would ‘see as someone who would help’ if you were having conflict or issues due to this historical and modern day distrust. Mending of these relationships will take time and effort on behalf of those in the position of decision-making.

What kinds of challenges does the ALS foresee in changing the system?

Obtaining real bi-partisan support to addressing the over-representation. It is hoped that through ALS’ advocacy to the federal government’s Australian Law Reform Commission Inquiry into the Overrepresentation of Aboriginal and Torres Strait Islander peoples that genuine conversations and investment in Aboriginal communities will take place. There is the call from the ALS to invest differently and be innovative.

The sector is also pushing for COAG targets to address the over-representation. This will allow for a coordinated state, territory and commonwealth approach to working alongside Aboriginal and Torres Strait Islander peoples.

Systemic change will offer changes but individual and practice level change is required also to facilitate this. Initial and ongoing cultural awareness/competency/ capability training and supports is required for those working with Aboriginal communities. This is needed to understand the impact of past and current policies on contemporary Aboriginal kinship systems.

It’s a paradox that there would be injustice served by the criminal justice system, but can it be argued this is actually the case?

Its an absolute paradox. The very systems that are designed to redress social disadvantage and the overrepresentation of our people are contributing directly to this situation we face today. One only has to view the overwhelming statistics released by government agencies to demonstrate that is clearly the case, and has been for some time and unfortunately for Aboriginal people, the light at the end of the tunnel is quite dim indeed.

What do Indigenous people say? How do they feel? Are they “over it”?

There is the visible distress in Aboriginal communities that things are not going to get better, at least not any time soon.

There was a lot of enthusiasm shown in the forums as well even though the forums were discussing ‘whats wrong with the system and what needs to happen to change things’. The ALS was inspired to hear of the strength, resilience and unity that was displayed in the forums we convened. The involvement of Aboriginal elders and leaders in the development of ways forward is critical and needs to be strongly guided by those who have experiences in the justice system such as those who have been imprisoned or those who may have been in state care.

Anything else you’d like to add?

We advocate for self-determination of Aboriginal and Torres Strait Islander Peoples across NSW and ACT.

We are a socially justice driven community legal service provider and not for profit.

We work alongside many sector partners to achieve outcomes for the Aboriginal community.

Aboriginal people do not view police of child protection agencies in particular as a service you would ‘see as someone who would help’ if you were having conflict or issues due to this historical and modern day distrust.