Recommendation 114

This recommendation is assigned to CSNSW.

Recommendation

Wherever possible, departments and agencies responsible for non-custodial sentencing programs for Aboriginal persons should employ and wain [sic] Aboriginal people to take particular responsibility for the implementation of such programs and should employ and train Aboriginal people to assist to educate and inform the community as to the range and implementation of non-custodial sentencing options.

Context

The Royal Commission noted a need to maximise self-determination and self-management processes for Aboriginal people in relation to community based sentencing options and highlighted a submission which stated that the ‘system of corrective services…in Australia is just inappropriate for the needs for these communities and for these people’. Recommendation 114 is directed at ensuring that sentencing programs that are implemented are culturally sensitive and address the needs of Aboriginal people by ensuring Aboriginal people are responsible for the program and that Aboriginal communities are aware of what non-custodial sentencing options are available.

Detail of implementation

Aboriginal Community Engagement and Culture Officers 

• Community Corrections currently has 27 ACECOs based at offices to support Aboriginal offenders, provide expert cultural advice to Community Corrections staff and liaise with local Aboriginal communities. 
• Of the 27 Aboriginal ACECO roles, 8 were added in 2021 – this is an increase of 42.1% since December 2020.
• 20 Aboriginal ACECO roles are located in regional communities across NSW, while 7 work in the Sydney metropolitan area.

Balund-a residential facility 

• The Balund-a Program is an innovative residential diversionary program for male offenders over 18 years of age. Located at Tabulam, within the Bundjalung Nation, the program's aim is to reduce re-offending and enhance skills within a cultural and supportive community environment. The Aboriginal name, Bugilmah Burube Wullinje Balund-a roughly translates as "Be good now you have a second chance down by the river".
• Offenders enter the program as a condition of a section 11 bond for an initial assessment period of two weeks. 
• Offenders can also be referred to the program by Community Corrections staff when revocation of parole or community-based order is being considered, or when factors emerge in the course of supervision, and are assessed as requiring intensive residential intervention. 
• Following acceptance into the program offenders participate in structured programs within a culturally sensitive framework. Programs address specific areas of risk to assist on improving life skills and reintegration into the community, for example, cognitive based programs, drug and alcohol, anger management, education and employability, domestic violence, parenting skills and living skills. Cultural activities include excursions to sacred sites, music, dance and art. Elders employed by the program provide support and assist resident to recognise, restore and value cultural links with their land and history.
• The property is situated on 534 hectares and also operates as a farming and beef cattle property giving the residents the opportunity to develop agricultural skills. The length of stay at the program varies according to individual needs however a minimum period of 6 months is required.
• While a focus of the program is to reduce re-offending, and thereby the incarceration rate of Aboriginal people, the program is available to all within NSW.