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Recommendation 111
This recommendation is assigned to CSNSW.
Recommendation
That in reviewing options for non-custodial sentences governments should consult with Aboriginal communities and groups, especially with representatives of Aboriginal Legal Services and with Aboriginal employees with relevant experience in government departments.
Recommendation 111 is contained within National Volume 3, Part D, Chapter 22.5 Alternatives to Imprisonment; the trend to Community-based options.
Context
The Royal Commission acknowledged that correctional administrations had demonstrated a keen awareness of the need to address the disproportionate rate that Aboriginal people are imprisoned and that even though in some jurisdictions (such as Queensland, the Northern Territory and New South Wales) where non-custodial options had been implemented there had been no significant impact on the rate of imprisonment of Aboriginal people. The Royal Commission also noted a need to maximise self-determination and self-management processes for Aboriginal people. Recommendation 111 is directed at ensuring appropriate consultation is undertaken with key Aboriginal stakeholders and representatives when reviewing options for non-custodial sentences.
Status: Implemented
Whilst this recommendation was not directed at CSNSW, CSNSW had input into the consultation.
The Policy, Reform and Legislation (PRL) branch of the Department of Communities and Justice (DCJ) regularly consults with stakeholders, including Aboriginal organisations, for law reform activities. During the 2018 Sentencing reforms, DCJ held roundtables with various groups to gather input on the draft sentencing Bill. PRL is also working with the NSW Government to implement the National Agreement on Closing the Gap, which includes criminal justice targets. The planning and implementation of these targets are overseen by a Joint Council and a Partnership Working Group, involving representatives from Aboriginal organisations and government clusters.
Detail of implementation
Policy, Reform and Legislation (PRL) branch of the Department of Communities and Justice (DCJ) regularly consults with relevant stakeholders as part of its law reform activities, including Aboriginal representative organisations. Organisations consulted on key projects include the Aboriginal Legal Service, the NSW Coalition of Aboriginal Regional Alliances (NCARA), Legal Aid, Law Society and others.
As part of the Sentencing reforms in 2018, DCJ held roundtables in 2017 which brought together representatives of victim’s groups, advocacy groups and Aboriginal organisations who were able to provide submissions through two rounds of consultation on the draft sentencing Bill.
PRL is also working with other relevant parts of NSW Government to implement the National Agreement on Closing the Gap. The Agreement includes criminal justice targets, which have been agreed nationally and in partnership between all Australian governments and the Coalition of Aboriginal and Torres Strait Islander Peak Organisations (Coalition of Peaks). A Joint Council jointly chaired by the Minister for Aboriginal Affairs and co-chairs of the NSW Coalition of Aboriginal Peak Organisations (CAPO) has oversight for the planning and implementation of the NSW Jurisdictional Implementation Plan to achieve the Closing the Gap targets.
There is also a Partnership Working Group made up of representatives from NSW CAPO, the NSW Coalition of Aboriginal Regional Alliances (NCARA), Local Government NSW and Deputy Secretaries from each Cluster to drive work on the Plan. Representatives from PRL will work within Closing the Gap governance structures on relevant work.
Evidence
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