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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
331
National Standards Body to adopt Aboriginal guidelines
That the National Standards Body consider the formulation and adoption of guidelines specifically directed to the needs of Aboriginal prisoners. In that process the findings and recommendations of this Commission relating to custodial conditions and the treatment of Aboriginal persons in custody should be taken into account.
The Standard Guidelines were updated in 1994 and by 2012 incorporated principles recognising the cultural needs of Aboriginal and Torres Strait Islander people. The Indigenous Strategic Framework, introduced in 2016, provided further guidance, but is not listed in Victoria’s operational prison standards. The 2022 Cultural Review found a gap between policy and practice, indicating that existing guidelines are not being consistently implemented.
Aboriginal Justice Caucus Assessment
Recommendation 331 aimed to ensure that the National Standards Body adopted guidelines that specifically addressed the needs of Aboriginal people in prison. In response, the Standard Guidelines were reviewed and amended in 1994, and by 2012 they included principles recognising the cultural backgrounds and specific needs of Aboriginal and Torres Strait Islander people. In 2016, the Indigenous Strategic Framework was introduced to guide best-practice decision-making in the management of Aboriginal people in corrections. The Indigenous Strategic Framework consists of decision-making principles and themes to ‘equip the reader with the basis for making informed decisions that align with best practice in managing Indigenous prisoners and offenders.’
However, in Victoria, Commissioner’s Requirements outlining the minimum operational standards for managing Aboriginal people in prison do not reference the Indigenous Strategic Framework, indicating that state laws and policies take precedence. Evidence from the 2022 Cultural Review of the Adult Custodial Corrections System also highlighted significant gaps between policy and practice, suggesting existing guidelines are not being fully implemented.
How do we make sure that those guidelines reflect our [Aboriginal community] standards? How do we make them accountable to us… For the system to change, there needs to be Aboriginal oversight. (Chris Harrison, Co-chairperson, AJC and Chairperson, Aboriginal Community Justice Panels)
While this recommendation remains partially relevant, most of its objectives have been addressed, and its scope seems too limited to drive substantial improvements in Aboriginal justice outcomes in Victoria.
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 emphasised that both the Standard Minimum Rules (the Mandela Rules) and Australian Guidelines are directed to setting standards for the general treatment of prisoners and are primarily concerned with individual rights. They do not directly refer to the special, collective needs of groups such as those of Aboriginal and Torres Strait Islander people.
Given the marked level of over-representation and the substantial number of Aboriginal people consistently held within Australian prison systems, the failure of the Guidelines to recognize the distinct needs of Aboriginal prisoners is a glaring omission.
Actions Taken Since Last Review
Guiding Principles for Corrections in Australia
The Guiding Principles for Corrections in Australia constitute outcomes or goals to be achieved by correctional services, rather than a set of absolute standards or laws to be enforced. The 2018 revision of the Guiding Principles focused on emerging trends and challenges facing corrections including the continued and increased overrepresentation of Aboriginal and Torres Strait Islander people.
Indigenous Strategic Framework
The Indigenous Strategic Framework was developed by the Corrective Services Administrators’ Council Indigenous Working Group with representation from most jurisdictions including Victoria. Endorsed by the Corrective Services Ministerial Council in 2016, the Framework is intended to be used in conjunction with the Guiding Principles for Corrections in Australia.
Impact
Outputs
Corrective Services Ministerial Council
The Standard Guidelines were reviewed in accordance with Recommendation 331 with amendments endorsed in 1994 and revised Guidelines published and distributed. The 2012 Standard Guidelines were guided by principles which recognised the specific needs and cultural backgrounds of Aboriginal people. These were included in the Standard Guidelines alongside principles for the management of people in prison more generally.
Outcomes
Corrective Services Ministerial Council, Indigenous Strategic Framework
The Indigenous Strategic Framework is a guide that provides key issues for consideration in managing Aboriginal people, focussing on systemic issues that can impact on their over-representation in the criminal justice system. The Indigenous Strategic Framework consists of decision making principles and themes to ‘equip the reader with the basis for making informed decisions that align with best practice in managing Indigenous prisoners and offenders.’
It is anticipated that understanding this decision-making framework and the principles and themes will assist policy, project and administrative officers to design, develop and implement programs and services that are responsive to the needs of Aboriginal people in the criminal justice system.
Interestingly, in Victoria, the Commissioner’s Requirements outlining the minimum standards for the management of Aboriginal people in prison do not refer to the Indigenous Strategic Framework, suggesting that when it comes to informing operational matters, jurisdictional laws, policies and other commitments take precedence.
Community Views
How do we make sure that those guidelines reflect our [Aboriginal community] standards? How do we make them accountable to us? For the system to change, there needs to be Aboriginal oversight.