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Recommendation 116
This recommendation is assigned to CSNSW.
Recommendation
That persons responsible for devising work programs on Community Service Orders in Aboriginal communities consult closely with the community to ensure that work is directed which is seen to have value to the community. Work performed under Community Service Orders should not, however, be performed at the expense of paid employment which would otherwise be available to members of the Aboriginal community.
Context
The Royal Commission acknowledged that there was under utilisation of community service orders in some jurisdictions and limited participation by Aboriginal organisations in country areas, including in NSW. The Royal Commission acknowledged that community-based work seemed ‘appropriate means whereby offenders avoid the social and family costs of imprisonment and, at the same time give back something to the community in which their offences occurred’. Recommendation 116 is directed at ensuring community service work for Aboriginal offenders is of value to the Aboriginal Community.
Status: Implemented
The expert committee also noted the ongoing obligation to consult with relevant Aboriginal organisations around the value of work to the community.
Section 119 of the Crimes (Administration of Sentences) Act 1999 prevents Community Corrections from placing offenders in jobs that would replace regular employees, and Community Corrections policy allows Aboriginal offenders to choose work in Aboriginal agencies or communities, while acknowledging that not all may prefer this option.
Detail of implementation
Section 119 of the Crimes (Administration of Sentences) Act 1999 restricts Community Corrections from placing offenders at work sites which would take the place of any other person who would otherwise be employed in that work as a regular employee.
Community Corrections policy states that Aboriginal offenders should, if they prefer, be allocated work in Aboriginal agencies or communities. The policy acknowledges that not all Aboriginal offenders wish to work in Aboriginal agencies.
Evidence
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