The Australian, 29 March 2018, p.6:
As members of the legal
profession, we know indigenous Australians, proportionately, are the most
incarcerated on earth. This diminishes us as a nation.
Sovereignty and
dispossession, recognition and representation of interests: they are different
facets of the same problem. It is something that we, as lawyers, have a duty to
help solve. It is because of this duty that the legal profession welcomed the government’s
reference to the Australian Law Reform Commission to examine, among other
issues, rates of incarceration for the indigenous.
The Pathways to Justice
report of the ALRC represents a comprehensive blueprint to address the shameful
over-representation of indigenous people in our prisons. Swift and decisive
action is required from commonwealth, state and territory governments to ensure
its recommendations are implemented.
ALRC recommendations
relating to sentencing and bail regimes, the repeal of mandatory sentencing
laws, an effective justice reinvestment framework, culturally appropriate
community-based sentencing options, and so on, are all aimed at how
substantive, not just formal, equality before the law can be achieved for
indigenous people. All recommendations are supported by the NSW Bar Association
as important initiatives which will contribute to addressing Aboriginal incarceration rates.
The NSW Bar is pleased
the ALRC supports establishment of indigenous sentencing courts including the
NSW Walama Court. The Walama Court is critical in reducing indigenous incarceration.
The model involves community participation and greater supervision, resulting
in reduced recidivism and increased compliance with court orders to better
protect the community. It is not a “soft on crime” initiative but rather a more
effective manner to supervise offenders post-sentence which would enhance
rehabilitation and prevent re-offending.
At this stage the NSW
government has not allocated funds to establish the Walama Court in the 2018-19
financial year, despite the fact it would have long-term economic cost savings
for NSW as fewer indigenous people will be imprisoned and rates of recidivism
would be reduced…..
Australian
Law Reform Commission (ALRC) Pathways
to Justice–Inquiry into the Incarceration Rate of Aboriginal and Torres Strait
Islander Peoples (ALRC Report 133) Final Report, published on 28
March 2018.
ALRC "Pathways to Justice—An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander P... by clarencegirl on Scribd
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