Corrective Services NSW

Recommendation 95

This recommendation is assigned to CSNSW.

Recommendation

That in jurisdictions where motor vehicle offences are a significant cause of Aboriginal imprisonment the factors relevant to such incidence be identified, and, in conjunction with Aboriginal community organisations, programs be designed to reduce that incidence of offending.

Context

The Royal Commission noted that there are some categories of offences which have an unnecessary effect on recidivism and the Northern Territory was provided as an example where there was a high incidence of imprisonment for motor vehicle offences where some offences related to misbehaviour many convictions would be related to a person never obtaining a driving licence, was disqualified from driving for a period of time and then committed the offence of driving whilst disqualified. Recommendation 95 is directed at providing programs to reduce the incidence of people failing to obtain a driving licence.

 

Status: Partially implemented 

  • The 2017 reforms reduced penalties for unauthorised driving offences, significantly benefiting Aboriginal offenders. By May 2020, there was a 61.3% reduction in licence disqualification periods and a 33.5% reduction in prison sentences for Aboriginal offenders.
  • Corrective Services NSW (CSNSW) have introduced initiatives to help Aboriginal inmates obtain identification and improve literacy, aiding in licence acquisition.
  • The Safe Driver Program (SDP) and TRIP address high-risk driving behaviours, with tailored support for Aboriginal participants.

Detail of implementation

Parliamentary Committee on Law and Safety report 

A 2013 NSW Auditor General’s report found that long licence disqualification periods made it difficult for Aboriginal people to break a cycle of driving reoffending. A 2013 NSW Parliamentary Committee on Law and safety also concluded that penalties for unauthorised driving offences in NSW were burdensome and disproportionate to the seriousness of the offence, some penalties were similar to or even greater than those prescribed for more serious driving offences such as driving under the influence or dangerous driving. 

That report also corroborated literature that Aboriginal people were disproportionately affected by driver licence sanctions. Barriers for Aboriginal people obtaining a driver’s licence include issues with the licence process, i.e. lack of identity documents, low rates of literacy and barriers to obtaining enough driving hours to qualify for a licence, such as low rates of car ownership, lack of supervisors as well as the high cost of petrol and professional lessons. 

In 2016:

  • 40% of outstanding debts owed to Revenue NSW for driving fines in NSW were owed by Aboriginal people
  • Aboriginal people were 3 x more likely than other groups to have their licence suspended for fine defaults
  • Aboriginal people made up more than 16% of offenders sentenced and over 1/3 of those imprisoned, identified as Aboriginal and/or Torres Strait islander people

2017 legislative reforms and BOCSAR evaluation

In 2017, the NSW Government introduced the ‘NSW Driver Disqualification Reforms’ a major aspect of which was the reduction in statutory penalties prescribed for unauthorised driving offences including shorter licence disqualification periods and prison sentences.  A person whose licence had been disqualified can also, in certain circumstances, and following a prescribed amount of time without a further driving offence, apply to the court to have their licence disqualification lifted. A NSW BOCSAR report, ‘The impact of the 2018 Sentencing Reforms on reoffending’, evaluated the impact of these reforms on sentencing reoffending and court volume outcomes, BOCSAR found that the reforms significantly reduced the severity of penalties imposed for unauthorised driving offences. Importantly, the magnitude of policy effects in sentencing outcomes was found to be larger for Aboriginal offenders.

As of May 2020, there has been:

  • a 61.3% reduction in average licence disqualification period for Aboriginal and Torres Strait Islander Offenders
  • a 33.5% reduction in the average aggregate prison sentence for unauthorised driving offences for Aboriginal offenders
  • a reduction of 75.4% in the number of Aboriginal people in custody where driving while disqualified/suspended or driving without a licence is their most serious offence.

CSNSW initiatives

CSNSW has introduced a number of initiatives to assist remove the barriers for Aboriginal people in custody to obtain appropriate identification and literacy to enable them to apply for drivers’ licences.

Birth certificates

Because identification can be a barrier to licensing, CSNSW pays for Aboriginal inmates’ birth certificates via the Aboriginal Strategy Directorate funding, High Intensity Program Unit (HIPU) funding, and the vulnerable persons birth certificate program. 

The Aboriginal Strategy Directorate funding is available to all Aboriginal inmates, once every 5 years. Aboriginal Strategy will also fund birth registration for Aboriginal inmates, as there can be issues with Aboriginal people’s births being registered and/or how they have been registered due to past policies.

The HIPU funding is available to all HIPU participants.

The vulnerable person birth certificate program is available to vulnerable inmates, Aboriginal inmates have been identified as a vulnerable group, with less than $500 in their account and no more than 6 months, and no less than 3 months, before their Earliest Possible Release Date (EPRD).

Aboriginal Literacy Programs

CSNSW has engaged with the Literacy for Life foundation to pilot programs targeted specifically at Aboriginal Literacy. The introduction of this program in correctional centres has been delayed due to the impact of COVID-19 on the delivery or programs and services though CSNSW hopes to shortly commence this pilot.

Corrective Services Industries (CSI) and Education provides education and training focused on:

  • Improving language, literacy, and numeracy skills.
  • Supporting inmate employment in CSI and participation in programs to reduce re-offending; and
  • Providing the skills, qualifications, and experience to improve inmate opportunities for post-release employment.
  • The education and vocational training services delivered in correctional centres with a focus on literacy include:
  • A Core skills assessment as well as education and employment planning.
  • Foundation skills program which focuses on language, literacy, and numeracy as well as digital literacy.

Since 2017 when CSNSW changed its education model, a 67% increase has been observed in inmates completing literacy and numeracy certificates and 166% increase in inmates completing core skills assessments.

CSNSW Driving Offending Programs

CSNSW offers two Safe Driver programs: Sober Driver Program (SDP)and TRIP (that addresses high risk-taking behaviour and drug driving), that can be accessed by all offenders who meet eligibility criteria. 

Regarding SDP, in 2001 a Road Safety Taskforce was established who recommended a whole of Government approach to reducing road trauma.  With contributions from Attorney General’s Office, NSW Police, Motor Accident Authority, Transport for NSW (TfNSW) and CSNSW the Sober Driver Program was developed.

Both SDP and TRIP were designed to meet a great variety of participant needs, be they CALD, literacy, mental health and social anxieties and cater to all learning styles.  Neither the Sober Driver Program nor TRIP were developed in conjunction with Aboriginal Community Organisations.

CSNSW always endeavour to assign the most suitable facilitator or support person available.  For face-to-face groups our facilitators are from that community (Community Corrections Officers), if not culturally the same, they are adequately trained and experienced in working with relevant local CALD groups.

Broken Hill Community Corrections office assigned an Aboriginal support person to an online LiViT SDP Aboriginal participant for additional support. 

Both SDP and TRIP intellectual property is owned by Transport for NSW.

Attached is the 2010 evaluation of the Sober Driver Program.  The headline figure is a 44% reduction in recidivism amongst those that complete SDP, compared to a control group.  

It is pleasing too that these positive results are not limited to the drink driving offence category.

All implemented programs are discussed with the Aboriginal Strategy Directorate to actively support policy and program development which includes Aboriginal knowledge and cultural appropriateness so that Aboriginal offenders are motivated to take responsibility for their actions and address their criminal behaviour.

Evidence

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