The report argues that Indigenous social and economic disadvantage have contributed to "the high levels of Indigenous contact with the criminal justice system". The report also argues that "there is intergenerational dysfunction in some Indigenous communities which presents a significant challenge to break the cycle of offending, recidivism and incarceration". Some of the recommendations are depressingly familiar.
The Committee's terms of reference were to "inquire into the high levels of involvement of Indigenous juveniles and young adults in the criminal justice system", identifying ("with a particular focus on prevention and early intervention") -
• How the development of social norms and behaviours for Indigenous juveniles and young adults can lead to positive social engagementThe Committee argues that the following principles must be applied in seeking to effect change regarding Indigenous disadvantage and disproportionate incarceration rates -
• The impact that alcohol use and other substance abuse has on the level of Indigenous juvenile and young adult involvement in the criminal justice system and how health and justice authorities can work together to address this
• Any initiatives which would improve the effectiveness of the education system in contributing to reducing the levels of involvement of Indigenous juveniles and young adults with the criminal justice system
• The effectiveness of arrangements for transitioning from education to work and how the effectiveness of the 'learn or earn' concept can be maximised
• Best practice examples of programs that support diversion of Indigenous people from juvenile detention centres and crime, and provide support for those returning from such centres
• The scope for clearer responsibilities within and between government jurisdictions to achieve better co-ordinated and targeted service provision for Indigenous juveniles and young adults in the justice system
• The extent to which current preventative programs across government jurisdictions are aligned against common goals to improve the health and emotional well-being of Indigenous adolescents, any gaps or duplication in effort, and recommendations for their modification or enhancement.
• engage and empower Indigenous communities in the development and implementation of policy and programsThe associated recommendations are -
• address the needs of Indigenous families and communities as a whole
• integrate and coordinate initiatives by government agencies, non-government agencies, and local individuals and groups
• focus on early intervention and the wellbeing of Indigenous children rather than punitive responses, and
• engage Indigenous leaders and elders in positions of responsibility and respect.
R1 - National Partnership AgreementNo reference, fortunately, to a magic bullet in the form of the national chaplaincy program, with Williams v. Commonwealth of Australia & Ors (noted earlier this year) scheduled for hearing before the Full Bench of the High Court over 9, 10 & 11 August .
... that the Commonwealth develop a National Partnership Agreement dedicated to the Safe Communities Building Block and present this to the Council of Australian Governments by December 2011 for inclusion in the Closing the Gap strategy.
R2 - Justice targets
... that the Commonwealth endorse justice targets developed by the Standing Committee of Attorneys-General [SCAG] for inclusion in the Council of Australian Governments' Closing the Gap strategy. These targets should then be monitored and reported against.
R3 – Positive social norms
... the Commonwealth continue to fund holistic, intergovernmental services to Indigenous youth and their families and communities, such as Communities for Children Plus, and evaluate their effectiveness in strengthening positive social norms in communities and preventing Indigenous youth engagement with the criminal justice system.
R4 - Mentors
... the Commonwealth support a national program to develop and provide local mentors for Indigenous youth at risk before, during and after custody.
R5 – Sport and recreation
... the Commonwealth -• work with state and territory governments to support more sporting, music and other recreational activities for Indigenous children and youth outside of school hours, particularly in remote and regional areasR6 – Identification documents
• encourage sporting bodies and sporting celebrities to become more involved in organising sporting engagement for Indigenous children and youth
• ensure continued funding for sports partnership programs and the provision of infrastructure and services to ensure sports participation by Indigenous youth, and
• investigate and address impediments to sports participation for Indigenous young men and women.
... the Commonwealth -• investigate options to make the birth registration process more culturally appropriate and accessible in Indigenous communitiesR7 - Accommodation
• investigate how to raise awareness of the utility and value of the birth certificate document in Indigenous communities
• address reasons for the low rate of birth registrations in Indigenous communities and ensure that Indigenous health services and youth workers are actively working to ensure that births are registered and that all Indigenous children have a birth certificate, and
• liaise with state and territory governments to coordinate assistance to all youth to ensure they have access to their birth certificate and that this is not an impediment to them fully participating in community, travel, education, or employment opportunities.
... that the Commonwealth commit to ensuring that there exists within all states and territories an expanded number and range of safe and gender-appropriate accommodation options for Indigenous children and youth. These should include access to coordinated and holistic intensive care services. A housing or accommodation plan needs to have been identified for every youth leaving detention. The range of appropriate accommodation options should include extended family houses, identified safe houses, hostel and school accommodation, foster and respite care, and emergency refuge accommodation.
R8 – Alcohol and substance abuse
... that, in collaboration with state and territory governments, the Commonwealth increase funding for locally based alcohol, anti-smoking and substance abuse programs.
R9 – Foetal Alcohol Spectrum Disorder
... that the Commonwealth urgently addresses the high incidence of Foetal Alcohol Spectrum Disorder in Indigenous communities by:• developing and implementing Foetal Alcohol Spectrum Disorder diagnostic tools and therapies, with a focus on working in partnership with Indigenous health organisations in remote and regional Australia where there is a recognised prevalence of the disorders, andThe Committee further considers that a comprehensive inquiry into Foetal Alcohol Spectrum Disorder prevalence, diagnosis, intervention and prevention is required and recommends that the Minister for Health & Ageing refer the inquiry to the House of Representatives Standing Committee on Social Policy & Legal Affairs.
• recognising Foetal Alcohol Spectrum Disorder as a registered disability and as a condition eligible for support services in the health and education systems.
R10 – Mental health
... the Commonwealth recognise mental health as a significant issue affecting Indigenous youth and collaborate with the states and territories to direct funding where possible to successful Indigenous community developed and led programs with a focus on healing, culture, emotional wellbeing and reconnection with family.
R11 – Hearing tests
... that the Commonwealth provide all Indigenous children starting pre-school with comprehensive hearing tests with appropriate follow-up support when required. The Committee further recommends that all Indigenous children between kindergarten and Year 2 be tested as an urgent priority due to the high incidence and impacts of hearing impairments amongst Indigenous children, particularly in rural and remote areas.
R12 – Sound amplification systems
...that the Commonwealth allocate funding for sound amplification systems in schools with high Indigenous enrolments throughout Australia, with urgent attention to schools in remote areas.
R13 – Police training to identify hearing loss
... that the Attorney-General take to the Ministerial Council for Police & Emergency Management – Police (MCPEMP) at its second meeting in 2011, a proposed program of training for police to better identify and respond to individuals with hearing loss, particularly in Indigenous communities.
R14 – Pre-natal and anti-natal support
...the Commonwealth work with state and territory governments to coordinate greater capacity for Indigenous health services to provide further programs to support -• sexual and reproductive health counselling and servicesR15 - Health
• pre and anti-natal care and advice for teenage parents
• parenting skills information and assistance
• alcohol risk awareness during pregnancy, and
• support for pregnant women with alcohol dependency or other substance abuse.
... that the Commonwealth in collaboration with state and territory governments, ensure all Indigenous youth who enter the criminal justice system are provided with:• comprehensive health screening, including for Foetal Alcohol Spectrum DisordersEmotional, social and cultural programs should span the length of a youth’s time in detention, and continue after release.
• access to intensive holistic intervention programs which involve family, mentors and Indigenous leaders and include support for mental health, hearing loss and drug and alcohol reform, and
• access to wellbeing programs which involve families and Indigenous leaders, address underlying issues of trauma, low self-esteem and build resilience and the capacity for positive social and workplace engagement.
R16 – School and community relationships
... that the Minister for Education work through the Ministerial Council on Education, Employment, Training & Youth Affairs assist schools throughout Australia to deliver better education outcomes for Indigenous students and to foster more connected and positive relationships with their local Indigenous community. The Committee considers that as a minimum schools should be incorporating a range of the following activities within the school:• hang or fly an Aboriginal Flag and the Torres Strait Islander flag alongside the Australian flag within the school groundsR17 – School attendance data
• learn about Indigenous sites of significance in the local area
• incorporate an acknowledgment of country at the start of significant events as well as at school assemblies
• commission local Indigenous artists to paint a mural, or build or create sculptures within the school grounds
• use local Indigenous languages names for school classrooms or sporting houses/teams
• build an Indigenous garden and invite those with bush tucker knowledge to be involved
• celebrate Mabo day, NAIDOC week, Reconciliation week and Harmony day
• engage Indigenous school mentors for schools with high Indigenous populations, and/or
• engage the local Indigenous community to teach language and culture afterschool and provide extra curricula activities.
... that the Minister of Education immediately conduct a review into how daily school attendance and retention rates are measured to ensure that data collected can accurately inform strategies to increase attendance and retention rates and monitor progress in these areas.
R18 – School attendance incentive programs
... that the Commonwealth commit to the provision of funds and administrative assistance to establish and expand across Indigenous communities the number of school attendance incentive programs (such as breakfast and lunch programs, and sporting and cultural activities during and after school).
R19 – Teacher development
... that the Minister for Education work with the Ministerial Council on Education, Employment, Training & Youth Affairs develop a comprehensive and mandatory teachers’ professional development program that:• provides specialist training on teaching Indigenous children, and where necessary the teaching of English as a second language (ESL)The Committee also recommends that a portion of the 2011-12 Budget funds allocated to reward top performing teachers is directed towards the formal recognition of outstanding performance in the teaching of Indigenous students, where real outcomes in progress can be demonstrated.
• recognises poor English language skills and health and hearing issues which may impact on learning
• gives teachers a competency in cultural knowledge and sensitivity to assist in working with Indigenous communities and families
• can be adapted to reflect local Indigenous community needs and culture, and
• trains the teachers to set and achieve high expectations for Indigenous students.
R20 - Apprenticeships
... that the Department of Education, Employment & Workplace Relations provide greater assistance and incentives to increase the uptake of Indigenous apprentices through:• providing specific financial incentives for employers to take on Indigenous apprenticesR21 – Driver licences
• including Indigeneity as one of the eligibility criteria for the Australian Apprenticeship Access Program, and
• ensuring that the Australian Apprenticeship Access Program contract providers are able to demonstrate the ability to provide culturally appropriate support and successful outcomes for Indigenous job seekers.
... that the Minister for Infrastructure & Transport, in partnership with relevant state and territory governments, establish:• specific learner driver resources in multiple media formats that appropriately meet language and literacy needs of local Indigenous communities, andR22 – Defence Force recruitment
• a remote and regional learner driver licensing scheme to assist people in remote and regional areas to obtain learner and provisional licences.
... that the Australian Defence Force [ADF]:• include in its training material an acknowledgement of the important contribution Indigenous people have made to the ADF in past wars. All staff currently employed by the ADF should be made aware of this contributionR23 – Police training and Indigenous employment
• review its recruitment material to ensure it provides strong encouragement for Indigenous people to join, which particular reference to existing role models, for example NorForce
• consider new and innovative strategies for raising its profile with Indigenous people and for recruiting both reserves and permanent members from remote, regional and metropolitan Indigenous communities
• offer work experience for older students in the defence force, and
• increase the provision of school based apprenticeships throughout Australia and target apprenticeships to Indigenous youth in regional and remote areas.
... that the Commonwealth work with the Ministerial Council for the Administration of Justice to address the following priorities at its next meeting -• development of a national framework for the provision of comprehensive Indigenous cultural awareness training for all police employees that:R24 – Court interpreter service and hearing assistance• Promotes better understanding and relations between police and Indigenous communities;• An expanded national network of Indigenous Liaison Officers, with facilities to share information and knowledge across jurisdictions, and
• Addresses the specific circumstances of Indigenous youth over-representation in police contact, and;
• Outlines the diversionary options that are available, and the positive impact that diversion can have.
• Incentives to increase the employment of Indigenous police men and women and opportunities for mentoring and police work experience for Indigenous students.
... the Commonwealth present to SCAG a revision of criminal justice guidelines to include formal recognition of the requirement to ascertain the need for an interpreter service or hearing assistance when dealing with Indigenous Australians.
R25 – National interpreter service
... that the Commonwealth Attorney-General’s Department, in partnership with state and territory governments, establish and fund a national Indigenous interpreter service that includes a dedicated criminal justice resource and is suitably resourced to service remote areas. The Committee recommends that initial services are introduced in targeted areas of need by 2012 with full services nationwide by 2015.
R26 – Legal services funding
... that the Commonwealth increase funding for Aboriginal & Torres Strait Islander Legal Services to achieve parity per case load with Legal Aid Commission funding in the 2012-13 Federal Budget, with appropriate loadings to cover additional costs in service delivery to regional and remote areas.
R27 – Post-release accommodation
... that the Attorney-General take to SCAG the proposal to increase funding for appropriate accommodation options for youth who are granted bail, in order to prevent the unnecessary detention of Indigenous youth.
R28 – Study on sentencing options
... that the Australian Institute of Criminology [AIC] undertake an analysis of sentencing options and outcomes for Indigenous youth and young adults and the use of available diversionary options to determine whether alternative sentencing options are fully utilised before resorting to incarceration.
R29 – Alternative sentencing options
... that the Attorney-General evaluate outcomes for alternative sentencing options, such as reduced recidivism and improved positive and independent living, and from this research develop a proposal for a range of Indigenous alternative sentencing options and present it to SCAG for inclusion in the National Indigenous Law & Justice Framework.
R30 – Pre-court conferencing
... that the Attorney-General takes to SCAG the proposal for a nationwide program that begins the rehabilitation process of young Indigenous offenders from the point at which they are charged with an offence. The Committee recommends that such a program should include:• Assigning a community services case worker to an individual immediately after they have been charged to organise a family conferenceR31 – Indigenous offender programs
• A victim contact meeting where the offender hears the consequences and impacts of their unlawful actions on the victim
• Ascertaining, through family conferencing, any underlying problems that are influencing offending behaviour and setting out a plan for behavioural change with clear targets to be achieved prior to attending court. Pre-court plans for the youth could include:• Regular attendance at drug and alcohol counselling and medical treatment as required;Sentencing of individuals who have engaged with this program should take into account any genuine progress towards meeting these targets for behavioural modification.
• Regular meetings or counselling sessions with a court approved community or family mentor or elder;
• A genuine apology to the victim(s); • The development of clear goals and aspirations for living a more productive and independent life;
• Where appropriate, more regular and constructive family engagement;
• A renewed commitment from significant family members to engage with the offender and involve them positively in family life;
• Improvement in school attendance or retention in school, and;
• Improvement in apprenticeship or training outcomes.
... that the Commonwealth establish a new pool of adequate and long term funding for young Indigenous offender programs. Organisations and community groups should be able to apply for funding for programs that assist young Indigenous offenders with:• Post-release or diversionary program accommodationThe Committee recommends that this fund is geared towards small-scale community-based groups, operating in local areas, and includes a specific stream for programs that address the needs of young Indigenous female offenders. Local employers would be encouraged to mentor and train with a view to employment.
• reintegrating into the community and positive social engagement through volunteering and team involvement
• reconnecting with culture where possible
• drug, alcohol and other substance abuse rehabilitation
• continued education and training or employment, and
• life and work readiness skills, including literacy and numeracy
R32 – Evaluate Indigenous justice programs
... that the Commonwealth commit further resources to evaluate the effectiveness of Indigenous youth justice and diversion programs and that the findings be published on the Indigenous Justice Clearinghouse and the Closing the Gap Clearinghouse websites.
R33 – Mapping offending
... that the Commonwealth invest in mapping research to identify areas of concentrated youth offending, types of offending and gaps in services, with a focus on Indigenous disadvantage and need.
R34 – Expanding data collections
... that the Australian Bureau of Statistics expand its collection of data to include:• offender data disaggregated by all jurisdictions and all categories of offence, including traffic and vehicle related offencesThe Committee recommends that the Australian Institute of Health & Welfare expands its collection of data to include detainee receptions and census data disaggregated by jurisdiction, Indigenous status, sex, offence, age, sentence duration and periods of prior offending by category of offence. The Committee recommends that these expanded data sets are made available by no later than June 2012. This data and any trends it shows should then be annually evaluated and reported on and used to inform future policy or program changes.
• court appearance data, disaggregated by all jurisdictions by Indigenous status, sex, offence and sentence
• prisoner reception data disaggregated by all jurisdictions, according to Indigenous status, sex, offence, age, sentence length and episodes of prior offending by category of offence, and
• data on the rates of which Indigenous people are victims of crime, disaggregated by all jurisdictions and all categories of offence.
R35 – Study on the imprisonment of women
... that the AIC undertakes a study of the reasons for the increasing imprisonment of Indigenous women, with a view to informing policymakers on how best to address the key drivers of offending and imprisonment and the consequences of that imprisonment for women, their children (if any) and their community.
R36 – Indigenous Law and Justice Advisory Body
... that the Commonwealth propose to the National Congress of Australia’s First Peoples the establishment of a subcommittee to focus on Indigenous law and justice matters. If the National Congress does not proceed with an Indigenous law and justice subcommittee, the Committee recommends that the Commonwealth establish an Indigenous law and justice advisory body. The Committee recommends that the Commonwealth:• seeks the subcommittee’s or the advisory committee’s advice on law and justice matters affecting Indigenous peopleR37 – Parliamentary Indigenous representation
• requests that the subcommittee or advisory committee monitor and report on progress under the National Indigenous Law & Justice Framework, and
• seeks the views of the subcommittee or advisory committee on any suggested amendments to the National Indigenous Law & Justice Framework following each annual review.
... that the Commonwealth establish an Independent Commission to undertake a series of public consultations and investigate options to increase Indigenous representation in the Parliament, for example, quotas or dedicated seats.
R38 – Funding of the Family Responsibilities Commission
... that the Commonwealth in partnership with the Queensland Government and the Cape York Institute for Policy & Leadership extend the funding of the Family Responsibility Commission until December 2013, pending further evaluation.
R39 – Sustained flexible funding
... that the Commonwealth work with state and territory governments to coordinate sustained and flexible funding support for a range of youth justice diversion and rehabilitation services which are developed with and supported by local Indigenous communities.
R40 – Justice reinvestment
The Committee supports the principles of justice reinvestment and recommends that governments focus their efforts on early intervention and diversionary programs and that further research be conducted to investigate the justice reinvestment approach in Australia
