Social Justice Report 2001: Recommendations
Review 12 government recommendations from the 2001 Social Justice Report to improve human rights recognition and protections for Aboriginal and Torres Strait
Summary
In submitting this report I am required to make any recommendations as to actions that should be taken by governments to improve the recognition of the human rights of Indigenous people.[1] This years report contains 12 recommendations, which are reproduced here and discussed further in the relevant chapters.
Social Justice Report 2001
Recommendations
In submitting this report I am required to make any recommendations as to actions that should be taken by governments to improve the recognition of the human rights of Indigenous people. [1] This year’s report contains 12 recommendations, which are reproduced here and discussed further in the relevant chapters.
Juvenile diversionary schemes in the Northern Territory
Recommendation 1: A Juvenile Justice Division be established and adequately resourced within the NT Department of Justice. Prime responsibility for coordinating pre-court and post-court diversion, especially family and victim-offender conferences and referral to programs, be transferred from NT Police and NT Corrections to specialist Youth Case Workers in the Juvenile Justice Division. NT Police retain a Juvenile Diversion Division to implement the continued significant police involvement in diversionary processes.
Recommendation 2: As an urgent priority, a review be undertaken by the Department of Justice to establish program needs across the Territory, particularly as they relate to regional areas and Indigenous people. The terms of the review should include examining methods for coordinating youth service delivery in justice, health and welfare related areas across government departments, including through the NT Police proposal for community youth development units, and the potential for Aboriginal customary law to be recognised through diversionary processes. The review should be conducted on the basis of widespread consultation, particularly with Indigenous organisations.
Recommendation 3: The NT Law Reform Commission be empowered through legislation to conduct an independent review of the operation of pre-court and post-court diversionary schemes every four years. The review be required to consider compliance with human rights standards and to be conducted on the basis of widespread consultation with Indigenous organisations, communities and young offenders.
Recommendation 4: The Juvenile Justice Act 1993 (NT) and Police Administration Act 1978 (NT) be amended to provide legislative detail on juvenile diversionary processes. The amendments should require the police to inform the young person that they are entitled to access to a legal advocate or a registered local community advocate (for example, in remote areas) at any stage of the process and to facilitate contact immediately if so required; and should require an admission of guilt prior to a diversionary option, other than a verbal warning, being offered. The amendments should also provide for review of decisions regarding diversion, and independent monitoring and evaluation provisions (as outlined above). In relation to Indigenous young people, the legislation should specify that they are entitled to an interpreter as well an interview friend (in accordance with the Anungu rules).
Recommendation 5: A children’s legal service be established and appropriately resourced, including through the provision of a 24 hour phone hotline for children’s legal advice.
Recommendation 6: It be made an offence to publish material identifying a defendant or a young person who has participated in a diversionary option under the age of 18 years.
Juvenile diversionary schemes in Western Australia
Recommendation 7: The Young Offenders Act 1994 (WA) be amended to include greater detail on the operation of diversionary options in WA, rather than matters integral to the process being contained in Police General Orders. The amendments should include the following as a minimum:
- create a presumption that police will divert young people unless a range of specified criteria are not met;
- provide for review of decisions regarding diversion;
- require that a young person is informed that they are entitled to access to a legal advocate at any stage of the process;
- require that an interpreter be freely available at all stages in the process where there is doubt about the ability of the young person to understand the proceedings or express themself in English; and
- provide that previous cautions and justice team referrals cannot be cited in court as though they form part of a prior record.
Recommendation 8: The Department of Justice consult Regional Councils of the Aboriginal and Torres Strait Islander Commission and Aboriginal community organisations about the adequacy of current community based diversionary programs for Indigenous juvenile offenders, particularly in regional areas, and their form, organisation, management and coordination in the future.
Recommendation 9: Juvenile Justice Teams and conferencing processes be adequately funded in regional areas. Funding be provided for the employment of Aboriginal workers, and the training of Aboriginal people in local communities to act as conference facilitators.
Recommendation 10: The Department of Justice coordinate the development of consistent record keeping on diversionary processes across all agencies, particularly the Department of Justice, Police and Children’s Court. Record keeping must identify the ethnicity of offenders in order to identify the extent of any racial bias in referral processes. This data should be subject to ongoing and independent monitoring and evaluation.
Reconciliation
Recommendation 11: The Senate empower the Legal and Constitutional References Committee to conduct an inquiry into the implementation and response to the reconciliation process. The terms of reference of the inquiry should require the Committee to examine the recommendations contained within the Roadmap to Reconciliation, the final report of the Council for Aboriginal Reconciliation and the Social Justice Report 2000 as well as the adequacy of the response of the Federal Government to each of these. In determining the adequacy of the response, the Committee should be required to consider processes by which government agencies have reviewed their policies and programs against the documents of reconciliation; as well as the adequacy of targets and benchmarks adopted and monitoring and evaluation mechanisms.
Recommendation 12: At the time of tabling of the annual Social Justice Report in Parliament, or within 15 sitting days, the Government furnish a response to the report and its recommendations in Parliament. In the event that the Government does not furnish such a response in Parliament, the Senate consider the establishment of a parliamentary inquiry to consider matters that appear in or arise out of the report and its recommendations, and matters to which the Committee believes Parliament’s attention should be directed.