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This recommendation is assigned to CSNSW.
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.
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.
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:
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:
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.
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).
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.
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 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.
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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.