Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
330
National Standards Body to engage Aboriginal organisations
That the National Standards Body establish and maintain direct consultation with relevant Aboriginal organisations including Aboriginal Legal and Health Services.
Some aspects of this recommendation are no longer relevant, in that the National Standards Body have devolved responsibility to the states and territories on this matter, and national standards may be less relevant than standards at a state level. However, ensuring Aboriginal input into the design of standards, whether at national or state level, is still desirable and could improve outcomes.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 330 was to ensure that the National Standards Body engage in an ongoing way with relevant Aboriginal organisations. In 1992 Corrective Services ministers agreed that this responsibility would be devolved to states and territories. Since then, all states and territories noted in their implementation reports that Recommendation 330 was not their responsibility.
While the National Standards Body has not directly engaged with Aboriginal organisations, its Victorian member, the Minister holding the Corrections portfolio, has been a signatory of the Victorian Aboriginal Justice Agreement (AJA) since its inception in 2000. Signatories are required to abide by the principles outlined in the AJA which have evolved over time from partnering with Aboriginal organisations and community representatives to working collaboratively with Aboriginal groups and in more recent iterations prioritising Aboriginal self-determination.
There is regular engagement with Corrections and Justice Services and Aboriginal community representatives through the Aboriginal Justice Forum, Aboriginal Justice Caucus and meetings of the Rehabilitation and Reintegration Collaborative Working Group. However, to date, ministerial engagement with Aboriginal organisations in Victoria through the AJA has not covered the National Standard Guidelines or Victorian Correctional Standards and Guidelines for prisons.
Some aspects of this recommendation are no longer relevant, in that the National Standards Body have devolved responsibility to the states and territories on this matter, and national standards may be less relevant than standards at a state level. However, ensuring Aboriginal input into the design of standards, whether at national or state level, is still desirable and could improve outcomes.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) noted an absence of express consideration given to the needs of Aboriginal and Torres Strait Islander people in the Australian Guidelines. This was attributed to the absence of consultation with any Aboriginal or Torres Strait Islander organisations in the drafting or adoption of the Guidelines.
The absence of any express consideration of the particular needs of Aboriginal people in the Australian Guidelines is perhaps explained by the absence of any expressed reference to consultation with any Aboriginal organization in the drafting or adoption of the Guidelines.
Actions Taken Since Last Review
Indigenous Strategic Framework
The Indigenous Strategic Framework provides guidance for managing Aboriginal and Torres Strait Islander people in custody and under corrections supervision in Australia and New Zealand. While it identifies ‘Building Partnerships’ as a key principle, its focus is limited to partnerships that support reintegration. This indicates a lack of emphasis on engaging Aboriginal organisations and developing partnerships across other areas covered by the National Standard Guidelines.
Impact
Outcomes
National Standards Body
The Deloitte Review noted that it was resolved at the 1992 annual meeting of the Corrective Services Ministers that it was not practicable for the Ministerial Council, which met only once each year, to maintain engagement with Aboriginal and Torres Strait Islander organisations.
As such, it was agreed that this responsibility would be devolved to the States and Territories. Since then, all States and Territories have noted in their implementation reports that Recommendation 330 is not their responsibility.
Victoria
The Minister holding the Corrections portfolio has been a signatory to the Victorian Aboriginal Justice Agreement (AJA) since its inception in 2000. Signatories are required to abide by the principles outlined in the AJA which have evolved over time from partnering with Aboriginal organisations and community representatives to working collaboratively with Aboriginal groups and in more recent iterations prioritising Aboriginal self-determination.
Fundamental to the AJA is the need for government and justice agencies to engage and work with the Aboriginal community, through the Aboriginal Justice Caucus (AJC). Unfortunately, engagement does not always occur in line with the partnership principles outlined in the Agreement, particularly the principle to prioritise self-determination.
This principle was recognised repeatedly during Yoorrook hearings by Ministers and departmental executives, particularly those who are signatories to the AJA, yet there were several examples of failures to put this principle into practice outlined in the AJC Report to the 65th Aboriginal Justice Forum.
Meaningful and effective reforms must be guided by the expertise of the AJC and supported by the Regional Aboriginal Justice Advisory Committees (RAJACs) and the many leaders, Elders and members of Aboriginal communities across Victoria. This approach recognises that Aboriginal experiences and voices must be at the centre of decision-making to deliver better policies and programs that reflect community needs and aspirations. This is critical to moving beyond partnership and towards true self-determination.
The AJC were concerned that engagement seems to be an afterthought for several business units. To have the greatest impact in improving justice outcomes for Aboriginal people and communities, AJC requires early and active engagement across the sector.
Engaging Aboriginal public servants, individual Aboriginal organisations, or specific community members is not equal to capturing the view of the Aboriginal community. It is therefore not self-determination. The AJC provides the conduit between government and the Aboriginal community, in ensuring that community perspectives inform policy. When justice agencies aren't engaging Caucus, they're excluding the Aboriginal community from the decision-making process.
Community Views
Aboriginal Justice Caucus
Report to Aboriginal Justice Forum 65
AJC express disappointment that an updated Corrections ‘Commissioner’s Requirement – Aboriginal and Torres Strait Islander Prisoners’, did not come through Caucus for consultative engagement. We acknowledge that the Commissioner’s Requirements are internal Corrections documents. However, when they concern Aboriginal people, AJC believe that community input is necessary.