Government Overarching Indigenous Justice Strategic Policy Framework
Two Ways Together (2003-2012) and NSW State Plan (2006)
Two Ways Together 2003-2012 (TWT) is the NSW Aboriginal Affairs Plan, and represents a whole-of-government framework document to address Aboriginal disadvantage. It represents a ten-year commitment to change the circumstances of Indigenous people in NSW.
There is some focus upon relevant justice issues. Cluster Action groups (representing relevant government entities) were established under TWT to address particular focus areas of the strategy, including a Justice Cluster Action Group. This Group developed a Justice Cluster Action Plan in 2004, which had five ‘desired result areas', including that the justice system respond to the needs of Aboriginal communities and openly engage Aboriginal communities to reduce offending and the over-representation of Aboriginal people in the criminal justice system; and that the provision of appropriate support and diversionary programs for young Aboriginal offenders reduces the use of incarceration, minimises negative effects of the criminal justice system and promotes the development of responsible adults. Generally the 29 ‘actions' identified in the Justice Cluster Action Plan mirror the strategic actions identified in the Aboriginal Justice Plan (see below).
Key priority action areas have now replaced cluster groups, and justice is no longer identified as a priority for TWT on the basis that this area is now (comprehensively) addressed within the overarching State Plan, A New Direction for NSW (2006) (the NSW State Plan). The NSW State Plan is a framework document setting out a vision for improved delivery of Government services in NSW over the next ten years. Focus Area 1 of the State Plan sets out a number of priorities relating to justice (Area 1: Rights, respect and responsibility). Priority R2 within this focus area - Reducing re-offending - aims to reduce re-offending (within 24 months after conviction or conferencing) by 10% by 2016, with relevant actions including diversion options such as circle sentencing, and specialised support and programs for Indigenous offenders in custody and in the community (for instance, vocational skills and Aboriginal culture taught under the supervision of Indigenous staff and local elders).
NSW Aboriginal Justice Agreement (2002)
The NSW Aboriginal Justice Agreement (AJA) was signed in June 2002 by the NSW Attorney-General (AG) and the NSW Aboriginal Justice Advisory Council (AJAC), and provides formal recognition of the relationship between the AG and AJAC, and their joint role in working to reduce the involvement of Aboriginal people within the criminal justice system, in improving community safety, and in leading the development of the NSW Aboriginal Justice Plan (see below).
The overall aims of the AJA are as follows:
1. To improve Aboriginal access to justice;
2. To improve the quality and relevance of justice that Aboriginal people receive;
3. To provide a framework for ongoing partnership between AJAC and the AG in addressing justice issues; and
4. To allow Aboriginal people to take a leadership role and make key decisions in solving their own justice concerns.
The document contains a set of actions reflecting practical application of the AJA's key principles. There are four key action areas; and within these, relevant actions include the following:
• The Aboriginal Client Service Specialist Program (Aboriginal court workers) will be expanded, due to its success to date. This Program seeks to improve service delivery for Aboriginal people (defendants, victims and witnesses) through Local Courts by liaising with Aboriginal communities and advising the Court in relation to Indigenous needs (in terms, for instance, of relevant services and programs).
• Aboriginal CJGs will work with police, courts, probation, and juvenile justice in providing advice to courts on defendants, managing court orders, working with courts to help people get bail, and establishing diversionary options
• As a complement to existing diversionary schemes and to provide a further sentencing format for Magistrates, circle sentencing will be introduced.
NSW Aboriginal Justice Plan: Beyond Justice 2004-2014 (1)
The NSW Aboriginal Justice Plan (AJP), finalised in 2004, follows on from the AJA. It is a ten year plan aimed at reducing Aboriginal contact with the criminal justice system. Whilst there is some focus on ensuring that the justice system works effectively for both Aboriginal victims and offenders, the AJP also seeks to address the underlying causes of offending in Aboriginal communities. The AJP works, at some level, in conjunction with TWT;and the State Plan also makes reference to, and endorses implementation of, the AJP.
The goals of the AJP include reducing the number of Aboriginal people coming into contact with the justice system. There are seven strategic directions set out in the AJP, with corresponding objectives and strategic actions for each of the directions. They range from issues relating to Aboriginal children and economic and broader community wellbeing, to addressing systemic racism and developing effective Indigenous leadership. Relevant actions are as follows:
(a) To reduce incarceration of Aboriginal youth, suggested actions include examining options for community-based and operated programs to provide new sentencing options as alternatives to custody; ensuring access to sexual assault counselling services for young Aboriginal people in detention centres; analysing educational and training needs of Aboriginal young people in detention; conducting ongoing yearly reviews of services provided to young Aboriginal people in detention; examining family and community-based bail support and accommodation mechanisms and programs; and considering introducing specific transitional programs for young Aboriginal people in the criminal justice system.
(b) To ensure that the criminal justice system openly engages Aboriginal communities to reduce offending and the overrepresentation of Aboriginal people and responds to the
needs of Aboriginal communities, a number of strategic actions are put forward, as follows:
(i) Improving Aboriginal community trust and confidence in the justice system by establishing local community justice mechanisms. This might be achieved by
establishing CJGs and statewide Aboriginal community-based sentencing mechanisms for suitable categories of offences; and exploring the use of Aboriginal community supervision agreements to manage community-based sentences and parole (similar to initiatives in WA).
(ii) Addressing the needs of Aboriginal youth in detention centres by developing culturally based programs and program delivery models that address the criminal, behavioural, social and emotional needs of juveniles through Aboriginal engagement and remuneration; and by continuing to review the use of detention centres for young Aboriginal people and exploring alternatives to both custody and remand.
(iii) Ensuring that Aboriginal defendants have full access to bail by encourage state-wide Aboriginal community involvement in bail processes; examining options for developing family and community-based bail support and accommodation mechanisms and programs; reviewing bail legislation and administrative processes to ensure Aboriginal defendants have full access to bail; and examining legislative options for judicial officers to consider bail with community-based support.
(iv) Ensuring that criminal justice processes act to reduce offending behaviours to reduce the number of Aboriginal defendants proceeding through the criminal justice system. Specific initiatives include developing Aboriginal diversion and intervention strategies to target specific offences and offending behaviours at each intervention point in the criminal process; developing options for state-wide Aboriginal community-controlled alternatives to prison and juvenile detention; trialing and evaluating an intensive court supervision program for young Aboriginal offenders; and exploring options for community-based sentences for Aboriginal women.
(v) Establishing high quality services for Aboriginal inmates to facilitate their transition into the community and to reduce the likelihood of their re-offending. Specific strategies include improving community-based support mechanisms for the children of Aboriginal prisoners; considering culturally-based healing programs to address physical, social, emotional and mental health needs of Aboriginal prisoners; providing access to health services for Aboriginal prisoners; developing Aboriginal case management planning that provides for opportunities to access prison-based programs and services; considering amending parole legislation to encourage engagement with Aboriginal communities; developing pathways between the community and custody to ensure effective transfer of information services and program support within a through care framework; establishing localised community based support and visiting programs for Aboriginal prisoners;
further developing Aboriginal community-based post release support programs; reviewing legislative and policy provisions to better assist Aboriginal offenders'
transition back into communities; and delivering accredited TAFE and bridging courses to assist Aboriginal inmates
In terms of implementation, the AJP indicated that existing TWT mechanisms would be utilised. As noted above, the justice cluster group of the TWT, for instance, had adopted the goals of the AJP, and its action plan adopted the criminal justice aspects of the AJP. However, as noted above, the State Plan, has, in some respects, superseded the justice aspect of the TWT, and it is not clear how the AJP is being implemented.
Department of Corrective Services
There have been a series of Indigenous action plans, as follows. An updated version of the Strategic Plan is due for release in 2008. (2)
Action Plan for the Management of Indigenous Offenders (1996-1998)
This Action Plan identifies five key issues, as follows:
• involving Indigenous people in the planning and implementation of policy, services and programs;
• reducing the rate of imprisonment of Indigenous people, and diverting them away from the criminal justice system;
• increasing representation of Indigenous staff;
• raising cultural awareness - necessary to ensure effective interaction with Indigenous people and to eliminate discriminatory and racist behaviours; and
• meeting the special needs of Indigenous offenders.
For each of these key issues, relevant goals, objectives, achievements to date, and strategies for consolidation are identified.
Key Issue: Involving Indigenous people in the planning and implementation of policy, services and programs
Goal: consultation, empowerment and self-determination.
Achievements to date include Aboriginal Offender Programs within the Probation and Parole Service; Aboriginal Staff Network and designated Aboriginal positions; the Department's Aboriginal Task Force; Aboriginal post-release program, Regional Aboriginal and Project Officers; Indigenous Services Unit; and links with external Indigenous stakeholders in staff and program development. Strategies for consolidation include the Department's Executive to consult with the Indigenous Services Unit on all significant matters regarding Indigenous staff and inmates; maintaining and strengthening Aboriginal Inmate Committees, and refocussing the Aboriginal Taskforce to enhance its role as a departmental reference group. Outcomes include culturally appropriate and effective policies, procedures, services and programs; increased participation of Indigenous offenders in programs; and reduction in re-offending and re-imprisonment rates of Indigenous offenders.
Key Issue: Reducing the rate of imprisonment of Indigenous people, and diverting them away from the criminal justice system
Goal: diversion of Indigenous offenders; programs as viable alternative to imprisonment, and which improve Indigenous life chances; and reduction of number of Indigenous people on short custodial sentences; and programs.
Achievements to date include greater access to Periodic Detention; Indigenous access to Intensive Community Supervision Program; and improved Indigenous access to probation and parole supervision, Community Service Orders and Attendance Centres in both urban and rural areas. Strategies for consolidation include ensuring cultural applicability of the proposed Home Detention program; increasing the number of Periodic Detention Centres (especially in locations which would improve access for Indigenous people); and redeveloping existing Periodic Detention Centres to accommodate female Indigenous detainees. Expected outcomes are a decrease in the number and proportion of Indigenous people in custody, and a diversion of Indigenous people from full-time custody to semi-custodial or non-custodial options.
Key Issue: Raising cultural awareness - necessary to ensure effective interaction with Indigenous people and to eliminate discriminatory and racist behaviours
Goal: Enhance knowledge and understanding of Indigenous issues among staff
Achievements to date include one - day course delivered through the Corrective Services Academy; and screening custodial staff during recruitment for racist attitudes. Expected outcomes include that staff working with Indigenous offenders have an increased understanding of relevant issues, and can identify behaviour by Indigenous people that can be seen as the result of conflicting cultures.
Key Issue: Meeting the special needs of Indigenous offenders
There are a number of focus areas within this Key Issue, as follows:
- Health and safety
Goal: Identify and address protocols to meet vulnerability of Aboriginal people in custody, to reduce the risks of death and self-harm, to remedy identified deficiencies in current practice, and to establish a protocol in the event of an Aboriginal death in custody. Achievements to date include the requirements of duty of care is known to all correctional staff and is reflected in the built environment; and that new inmates are screened for risk. Strategies for consolidation include assessing the Department's training requirements in respect of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recommendations concerning the special needs of Indigenous offenders; and completing cell upgrading throughout the State in correctional centres, courthouses and police cells where required.
- Indigenous Experience in Prison
Goal: Reduce the impact of the prison experience as a potential cause of damage to Indigenous inmates. Achievements in relation to Indigenous offenders to date include minimising isolation of inmates by placing them close to family or place of residence, or providing financial assistance to family for travel/accommodation to ensure their visits; recognising family/kinship obligations by allowing Indigenous inmates to travel to funerals and special visits statewide; providing for periodic visits by the Aboriginal Legal Service and other Aboriginal organizations; two Aboriginal visitors appointed to correctional centres with a substantial proportion of Indigenous inmates; and no charges laid against inmates inflicting self-harm. Expected outcomes include that Indigenous inmates are encouraged to use opportunities for improved educational, vocational and coping skills.
- Welfare
Goal: Provide culturally sensitive welfare assistance to Indigenous offenders both inside correctional centres and in relation to welfare matters outside institutions. Achievements include Aboriginal Welfare Officers in those centres with significant Indigenous populations; established networks with local Indigenous communities; financial assistance to inmates to pay costs of using Link Up; and funding to non-government organizations to provide services to Indigenous offenders. Strategies for consolidation include priority being given to recruitment and retention of Aboriginal Welfare staff. The expected outcome is that the welfare needs of Indigenous inmates are met in a culturally appropriate manner.
- Women
Goal: Equity and equality issues applicable to women in prison are also applicable to Indigenous women. Achievements to date include that the Women's Services Unit within the Department has given attention to the special needs of Aboriginal women inmates. Strategies for consolidation include that the needs of Indigenous female inmates are surveyed and identified; that relevant strategies to meet these needs are reviewed and developed; that culturally appropriate material on domestic violence for Indigenous women offenders is developed; and that Periodic Detention Centres are also redeveloped to accommodate Indigenous female detainees.
- Education and training
Goal: To deliver education and training programs suitable for Aboriginal inmates
Achievements to date include Indigenous inmates having a greater participation rate in mainstream educational programs greater than non-Indigenous inmates; an MOU has been negotiated with TAFE for delivery of educational programs for ATSI inmates; Aboriginal teachers are employed on a part time basis to conduct culturally appropriate courses; and the Aboriginal Post-Release Program has as its focus education and vocational training and offers support and guidance to inmates in transition. Strategies for consolidation include ensuring teachers, and the design of programs and materials are sensitive to Indigenous needs and the expansion of Aboriginal Post-Release Program to additional areas. Expected outcomes include improvement in the quality of education services to Indigenous inmates; and increasing (and successful) participation of Indigenous inmates attending mainstream and designated courses.
- Psychology Services
Goal: To meet the demand for direct service delivery and staff consultancy/training in relation to the psychological needs of Indigenous inmates. Achievements to date include approval of Coordinator position, Aboriginal Psychological Services (and for two cadetships); and obtaining grant for a major research program into relevant issues. Expected outcomes include that Indigenous inmates have access to culturally appropriate and sensitive psychological assessment and services; and that relevant programs are modified where necessary to ensure their cultural appropriateness for Indigenous inmates. (see also 1.1.5 Corrections Health Service)
- Drug & Alcohol (D & A)
Goal: Enhance the accessibility of D & A services to Indigenous offenders. Achievements include a drug free unit being established at Mulawa Correctional Centre; and employment of five Aboriginal D & A workers. Strategies for consolidation include examining and reporting on recent reviews of D & A Services in corrections with regard to the extent that they address Indigenous D & A needs; and continuing cultural awareness training for non-Aboriginal D & A workers. (see also 1.1.5 Corrections Health Service)
- HIV and Health Promotion
Goal: Provide equal access to and involvement in health programs by Indigenous people. Achievements to date include establishing contacts with Indigenous community health workers; and that Indigenous inmates have equal access to health programs and facilities. Strategies for consolidation include development of the Aboriginal HIV and Health Peer Support Program; recruiting and training male and female Indigenous inmates to participate in peer support programs; and liaising with internal/external Aboriginal health agencies in developing appropriate policies and programs. (see also 1.1.5 Corrections Health Service)
- Pre-Release Programs
Goal: Improved representation of Indigenous inmates in pre-release programs, including work release. Strategies for consolidation include ensuring that the Aboriginal Education Strategic Plan is linked with the identification of skills required by Indigenous inmates to participate in the work release program.
- Corrective Services Industries
Goal: To make work for Indigenous inmates culturally appropriate and relevant. Achievements to date include developing a pilot project involving cultural vocational business management, marketing and work skills for Indigenous inmates, in consultation with the Indigenous community. Strategies for consolidation include developing a policy in respect of the provision of culturally appropriate employment opportunities for Indigenous inmates.
- Probation and Parole Services
Goal: Ensuring that objectives of self-determination, reconciliation, empowerment and elimination of disadvantage are met. Achievements to date include developing pilot where local Indigenous person in small, remote community supervises offender on behalf of the PPS; and employment of Indigenous person as sessional supervisor for the Community Services Orders program in Albury. Strategies for consolidation include contracting services through Indigenous organizations to meet local service or program needs. Expected outcomes include ensuring that Indigenous communities are involved in offender management; and that program management is assigned to Indigenous communities, where appropriate.
Aboriginal Offenders Strategic Plan (2003-2005)
The Aboriginal Offenders Strategic Plan 2003-2005 followed on from the Department's 1996 Action Plan (and is due to be updated shortly). It contains a number of guiding principles, which include the following:
• a commitment to implementing the recommendations of the RCIADIC;
• a commitment to the spirit of the HREOC inquiry: Bringing Them Home;
• an acknowledgment that overrepresentation of Aboriginal people in custody is unacceptable (with particular concern in relation to Aboriginal women);
• a commitment to negotiating with Aboriginal people to address the specific needs of Aboriginal people, to ensure that programs and services are culturally appropriate and to focus on reducing the overrepresentation of Aboriginal people in custody; and
• a commitment to working with other agencies to improve outcomes for Aboriginal communities.
The Plan is underpinned by key recommendations of the RCIADIC, as well as State Government policy (including the NSW Government Statement of Commitment to Aboriginal People of 1997 and the DJJ's AORSP (see below)), (3) and the Department's Strategic and Corporate Plans. It also reviews initiatives undertaken to date as part of the implementation of the previous Action Plan (1996-1998), which was reviewed in 2001. During this review process, it was found that the former Plan lacked a focus on key strategic outcomes, and there was an acknowledgement that numbers of Aboriginal people in custody had continued to increase. However, a number of achievements resulting from the former Plan are set out, and include the following:
(a) Key Issue 1 - involving Indigenous people in planning and implementation of policy services and programs. Relevant initiatives include Yetta Dhinnakkal and Warrakirri (alternatives to mainstream prisons), and Rekindling the Spirit (a holistic, community-based program focusing on addressing issues of violence, drug and alcohol abuse, child abuse and neglect within Aboriginal families).
(b) Key Issue 2 - reduction in the rate of imprisonment of Indigenous people and diversion of Indigenous people away from the justice system. Relevant initiatives include Yullawirri Nurai (the Aboriginal Women's Support Program providing pre and post-release support aimed to assist with re-integration).
(c) Key Issue 4 - raising awareness amongst staff in relation to Indigenous cultural issues. Relevant initiatives include Karrka Kirnti Cultural Program (a camp bringing Aboriginal and non-Aboriginal women together with correctional staff to break down barriers), and cultural awareness training for all Probation and Parole Service staff
The current Plan sets out a number of key result areas, and the rationale and relevant strategies for each of these areas. Those key result areas are as follows.
1. Working with Aboriginal communities and agencies
Relevant priorities include a commitment to self-determination through negotiation with Aboriginal communities and agencies and the development of effective relationships with agencies and service providers to improve outcomes for Aboriginal offenders and communities. Strategies include developing and implementing policies and protocols, with supporting training programs, to facilitate culturally appropriate negotiation with Aboriginal communities or agencies; identifying priorities to enhance service delivery to Aboriginal offenders under supervision in the community and pre and post-release services by reviewing services available within the context of known re-offending risks; and developing effective relationships with other government and non-government providers to negotiate enhanced service delivery and promote linkages to programs and services delivered in custody and in the community.
2. Diverting Aboriginal offenders from custody
Relevant priorities are departmental involvement in the development of alternatives to full time custody and increasing appropriate community based sentencing options for Aboriginal offenders or remanded persons; through the Probation and Parole Service's Court Advice Program, providing advice to the judiciary aimed at ensuring equitable access to community based sentencing options; and reducing the rate at which Aboriginal men and women are imprisoned compared to non-Aboriginal people. Strategies include improving access, suitability and performance of correctional programs and services for
Aboriginal offenders that aim to reduce re-offending and the likelihood of imprisonment; improving pre-sentence advice, post-sentence support mechanisms and opportunities for
Aboriginal offenders; and, in partnership with Aboriginal communities and agencies, developing programs offering courts more opportunities to divert Aboriginal offenders from custody (particularly in the more remote regions).
3. Reducing Aboriginal offending
Priorities include effective identification of risk factors associated with re-offending by Aboriginal people; development and delivery of programs and services that reduce re-offending; and the development and implementation of community-based support mechanisms and relapse prevention strategies to reduce rates of re-offending. Strategies include designing and delivering programs that engage Aboriginal offenders; identifying and implementing opportunities for members of Aboriginal communities to participate in the development of case plans and the management of offenders in custody and in the community; reviewing correctional programs for barriers to participation and cultural bias; evaluating correctional program performance to establish effectiveness in reducing rates of re-offending; and, within a through care framework, developing pathways between community and custody to ensure effective transfer of information and optimum program outcomes.
4. Meeting the needs of female Aboriginal offenders
Priorities include developing strategies to ensure that Aboriginal women have greater access to the full range of community-based programs; developing and implementing policy, programs and services that meet the needs of female Aboriginal offenders; and participation by Aboriginal communities (particularly female elders and community members) in the development of strategies to address the needs of Aboriginal offenders.. Relevant strategies include researching and developing diversionary programs and supports to meet the needs of Aboriginal women; identifying obstacles to participation by Aboriginal female offenders in community-based sentencing options; and ensuring that gender is an essential feature of developing and validating offender assessment instruments, programs and services.
5. Awareness and sensitivity to Aboriginal culture
Priorities are to demonstrate corporate commitment to improving outcomes for Aboriginal people, and ensuring that staff support the inherent right to enjoy and exercise practices, languages and traditions. Strategies include ensuring that business planning processes across the Department specifically addressing the implementation of this Strategic Plan.
In terms of monitoring and implementation, it is indicated that there will be an Implementation Action Plan, and that the Aboriginal Support and Planning Unit will collate relevant performance data and provide the Board of Management with six monthly review reports.
Corrections Health Service (CHS) Care in Context: Aboriginal Health Strategic Plan (2000)
The Corrections Health Service (CHS) developed the Care in Context Health Plan (AHSP) in 2000, which was aligned with the State Aboriginal Health Service Plan, to address health issues within a correctional setting. The CHS is a statutory health corporation which operates independently from Corrective Services, and is now referred to as ‘Justice Health'. It provides health services to all Indigenous inmates in NSW. In summary, the AHSP indicated that the community-controlled Aboriginal Medical Services ought to be involved in the provision of Indigenous health care in correctional facilities; that Indigenous people must be recruited to relevant prison health services; and that an active training, development, research and evaluation program was required (with maximum local community input). Phase 1 involved implementation in rural centres, and Phase 2 in metropolitan centres.
The AHSP is due to be updated (upon completion of an update of the State Aboriginal Health Service Plan).
Footnotes