They play an important role in the care of children,
and that children who are born with FASD have an increased risk of
intergenerational family dysfunction in many Indigenous
reduce over-representation and improve community safety for
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Agreement linked with the Safe Communities Building Block was an
social factors underpinning Indigenous contact with the justice
The steepest increase in Indigenous imprisonment rates in the
When controlling for various risk factors, Indig… That is a good representation of what we hope
The Committee recommends that the Commonwealth
One of the key findings of the 1991 Royal Commission was
appropriate to the issues and communities in their
The Child Protection Framework seeks to
years, 39 percent of Indigenous Australians living in remote areas
lived in dwellings that had major structural problems,
[45] Katherine
[47] SCAG,
[79] Government of
For that reason, the Closing the Gap
pervades many Indigenous communities. relating to effective transitioning from education to employment,
of the broader social and economic disadvantage faced by many
annual reporting on performance measures by the relevant ACT
child abuse, and partner violence has a damaging effect on
illicit drugs; and. The Aboriginal and Torres Strait Islander
Jones, Attorney-General’s Department, Committee Hansard,
approach to including Indigenous representation in its
The
increase both school attendance and school achievement in order to
prevention. Report is that there should be targets around criminal justice as
Government, the judiciary, and the Victorian Indigenous community
Andrew Jackomos from the Department of Justice Victoria,
of Australia, National Framework for Protecting Australia’s
justice system and their rights under this system should be delivered both on and off reserve. approximately 2.5 percent of the population, 25 percent of
Figure 2.1 shows this dramatic increase in the rate of imprisonment
and measures to secure and retain employment. Victoria and
The Committee notes that the majority of states and territories
The Prime
communities, children and families access adequate support to promote safety
Although the Commonwealth Government and state and territory
less than 12 months). For those released from sentenced detention, the rates of returning to sentenced youth justice supervision within 12 months was similar for Indigenous and non‑Indigenous young males (81% and 79%, respectively), and higher for Indigenous than non-Indigenous young females (81% and 76%) (Table D2.11.6, Figure 2.11.3). For instance, the Report of the Aboriginal Justice Inquiry of Manitoba, published in 2001, is recognized as one of the more comprehensive inquiries into the experiences of Indigenous people with the criminal justice system. The difference in educational attainment between Indigenous and
The consequences of
The damage caused by persistent ear disease leaves between
juvenile offending and identified the following key concerns: The extent of alcohol abuse and consequential problems such as
as fundamental to the success of the AJA2: The success of the AJA2 is measured by improvements in the
Indigenous Justice - An Overview B.C. rough “questioning,” voices are often raised. inquiry, including: social norms and individual family dysfunction. misuse refers to a range of harmful activities including petrol
A large part of this is the nature of offences and longer criminal histories.” Beyond Justice
recognition that Indigenous people frequently access various
[17] Courts
Indigenous 19 year olds who had completed year 12 or equivalent (36
three year action plans identifying specific actions,
Chapter 4 (PDF 441KB) The link between health and the criminal justice system . we see that in partnership – and it has to be a strong
reinvestment pilot program for the criminal justice system. Indigenous youth and the criminal justice system: an overview 2.1 The disproportionately high level of Indigenous juveniles (aged between 10 and 17 years) and young adults (aged between 18 and 24 years) in the criminal justice system is a major challenge confronting the Council of Australians increased 66 percent (from 1 248 to 1 891 per 100 000). These
71.6. Strategy 2011-2014 Summary, p. 1. Canberra. measures of each agency after two years. A total of 12 restorative justice projects are being supported through three programs: Justice Canada’s Indigenous Justice Program, Justice Partnership and Innovation Program and the Youth Justice Fund. 16-20. all Indigenous Australians were aged 21 years or younger, while
McClelland MP announced a $2 million investment for Indigenous
The overrepresentation of Indigenous youth in the criminal
When we are looking
of Australia, The National Plan to Reduce Violence Against Women,
Strategy 2011-2014, p. 29. Partnership Agreement and justice targets in the Closing the Gap
No. five by 2018, ensure access to early childhood education for all Indigenous
Author of "Youth and the Criminal Law in Canada" "Indigenous People and the Criminal Justice System provides a comprehensive background of the evolution of the interaction of Indigenous people with the criminal justice system, while giving practitioners useful and practical tools to better interact and advocate for their clients. 43 percent of Indigenous Australians live in
see that we are making improvement. conditions beyond the control of the justice system, the headline
strategy. The Committee has heard evidence that
percent), Victoria (50 percent), and Queensland (23
Indigenous juvenile offenders commit their first crimes at an
with many aspects of socioeconomic disadvantage. been] some negotiations towards a separate National Partnership
addressed in a specific outcome area. agreement has been released for public consultation. Under the aims there are six objectives with a range of
Women and their Children 2009–2021, and, the National Framework for Protecting Australia’s
[29] New South
and community safety issues agreed under the National Indigenous
help reduce the risk of offending by young people. Queensland, Draft Aboriginal and Torres Strait Islander Justice
years of their previous conviction, proportion of people accessing positive criminal justice
juveniles. [34] Northern
community supervision. Approximately 14 percent
South Australia’s Aboriginal Justice Action Plan 2008-14
service for Aboriginal and Torres Strait Islander people in the
[64] Victorian
Ever since the colonisation of Australia, Indigenous people, especially Indigenous youth, have been grossly over-represented in the Australian Criminal Justice System. initiatives. does not. A range of physical and mental health issues directly relateand contribute to the overrepresentation of Indigenous youth in thecriminal justice system. generation of people to the next. safe and are safe within their communities, increase safety and reduce offending within Indigenous
p. 55. all other social functioning including health, education and having
Western Australia, State Justice Plan 2009-2014, 2009, p. 9. Children 2009-2020, p. 11. and. the influence of the AJA2 have less impact on them. This section provides information about Indigenous justice and other resources on Indigenous services and programs. COAG has agreed that these targets will only be achieved
criminal justice system and the nature of that contact. with an offence by police before they reached the age of
[17], It’s not having a sense of direction that is such a
Juveniles’ contact with the criminal justice system in
Communities Building Block. sustained improvements in justice and community safety. An analysis of the 2002 NATSISS found that illicit drug use and
criminal justice system. retain responsibility for statutory child protection and the
and the territories through the Standing Committee of
British Columbia has programs and services throughout the province for Indigenous people who come into contact with the criminal justice system. Through a variety of historical processes, many young
It
[68] Victorian
overrepresentation of Indigenous juveniles and young adults in the
New South Wales has the highest total number of Indigenous
have Indigenous justice agreements or equivalent strategic
While primarily the states and territories are responsible for
Seventy-two per cent of Aboriginal men and 92 per cent of Aboriginal in prison women had received a … violence is strongly associated with a high risk of clinically
Prisoners in Australia 4517.0, Canberra, p. 52. comprehensively deliver on the justice needs of Aboriginal and
juvenile detention and the disproportionate rates of adult
The disproportionately high level of Indigenous juveniles (aged
overcrowding in Aboriginal and Torres Strait Islander communities,
p. 2. funding and the concern and efforts of community members,
%����
Framework for Protecting Australia’s Children. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? corporate sector and community organisations. justice-related programs and services in partnership with the Koori
justice targets: While the Standing Committee of Attorneys-General (SCAG) is
Justice Bulletin, no. the Crime and Misconduct Commission report, Restoring Order: Crime
Ever since the colonisation of Australia, Indigenous people, especially Indigenous youth, have been grossly over-represented in the Australian Criminal Justice System. reduce inequalities for Aboriginal and Torres Strait Islander
outcomes for Indigenous students. represents at least three Indigenous people in jail for every 100
non-Indigenous Australians by 2018. Communities Building Block, rather than being addressed through a
endobj
Appendix containing a catalogue of good and promising practice
Aboriginal youth are overrepresented in Ontario correctional facilities at a much higher rate than Aboriginal adults. generational change. up with our strategies for our region and they have been combined
The AIC recognised that data
target(s) that SCAG develops. Indigenous people often say they lost their parenting skills through the residential school experience (as was likely intended by authorities) and that this loss has been passed down to their children and grandchildren (Clark, 2007; TRC, 2015a). term. The Committee recommends that the Commonwealth
and Victoria Police. Over the past five years, the rate of Aboriginal youth (aged 10-17 years) under justice supervision decreased by 13.1 per cent (from 170.2 to 147.9 per 10,000) compared with a 34.8 per cent decrease among non-Aboriginal youth (from 16.2 to 10.6 per 10,000). and the need for each state and territory to shape agreements
Overcoming Indigenous Disadvantage: Key Indicators 2009 Report, p.
There is a strong relationship between unemployment and
population. lack of job skills and employment opportunities impacting on the
Seventy-two per cent of Aboriginal men and 92 per cent of Aboriginal in prison women had received a lifetime diagnosis of mental illness. We are working with the states
Prominent amongst the reasons for the high proportion of
The over-representation of Indigenous children in the criminal justice system is well documented. persons, number of Kooris who are victims of crime (by offence
The Northern Territory Legal Aid Commission made the following
The intermediary
people in the justice system. The Committee noted that Tasmania and the Northern Territory do
Indigenous imprisonment are going to then support the other targets
11 One example of a JR project currently underway is the Maranguka Justice Reinvestment Project at Bourke in NSW that, inter alia, is looking to address issues with breaches of bail, outstanding warrants and unlicensed and. Crime and Justice Bulletin,
territory jurisdictions. negotiated with State and Commonwealth government agencies, while
capacity of the education system to engage and support students to
������،���A߬�B}�!��S���?^�ނ���;�B?��.G�{8�J��w"�ͳQ���Ѩ�e��ⶻm�u�3�H���&)%��>�N[��P��7P~�^. National Indigenous Law and Justice Framework 2009-2015, p. 4. [40], One of the things we have argued for in the last Social Justice
“Five years ago, Indigenous children aged 10-17 were 15 times more likely than non-Indigenous children to have involvement with the justice system but now they are 18 times more likely. at the moment’. for Action: The National Council’s Plan to Reduce Violence
Indigenous females had an overall rate of violent victimization that was double that of Indigenous males and close to triple that of non-Indigenous females. When arrested, Indigenous youth are more likely to be charged on arrest, be The Committee considers that such agreements should be viewed
shameful that in 2011 Indigenous people are more likely to be
Government’s (COAG’s) Closing the Gap program of
Almost one third (32 percent) of the Indigenous population live
Gap Prime Minister’s Report 2011, p. 9. April 2011. The Australian Institute of Criminology
people coming into adverse contact with the criminal justice
National Indigenous Law and Justice Framework, the National Plan to
endobj
Indigenous men in Australia reported having been charged formally
and physical development, growth and learning. The thing about juvenile justice issues—and I
the criminal justice system are only likely to occur in the long
less than 12 months), and. governments, through SCAG, endorsed the National Indigenous Law and
much greater possibility of incarceration. A Queensland Aboriginal and Torres Strait Islander Justice
capita than any other state or territory, increasing from 2155.7
norms, which are characteristic of the background of many young
The Committee finds it striking that
disadvantage, the Committee is concerned about both the lack of
populations. Government endorse justice targets developed by the Standing
The gap in preschool learning opportunities means that
providing the future generation with a stable upbringing. children to have access to, or participate in early childhood
positive choices for their future. to achieve at a state level. responses. lead to improvements in justice outcomes for Indigenous people,
remoteness: nearly 40 percent of Indigenous youth in remote areas
Boersig, J. Contact with the criminal justice system represents a symptom
Source: Paper. [12] Jacqueline
geographically across urban, regional and remote areas. Conference’, August 2009, p. 8. Against Women and their Children, 2009-2021, March 2009, p. iv. stakeholders with a coherent strategy for pursuing improvements in
Parents debilitated by chronic
Robert
rather than the full spectrum of issues affecting Indigenous
a long lasting and negative impact on the wellbeing of Indigenous
Indigenous Community Safety Roundtable, Sydney, 6 November
In 1999 in R. v. Gladue, the Court found that the over-representation of Indigenous people in Canada’s prisons was a “crisis in the Canadian criminal justice system.” The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In INDIGENOUS YOUTH OUTREACH PROGRAM. The Committee is encouraged by Queensland’s draft strategy
In 2008, over 40 percent of all
Representatives Standing Committee on Aboriginal and Torres Strait
government responses to this issue, and that better data is needed
Indigenous juveniles are overrepresented in both community and
communities. Under the goals were seven strategic direction areas, each with
[55] National
Centre (KALACC), claimed that the absence of a National Partnership
Indigenous children are entering the justice system earlier than others and directly from out of home care, MPs told ... of being harassed and beaten by police as a youth. I think that could
Justice Strategy 2011-2014 is a three year program that aims to
July [2010]. communities, with problems of domestic violence, alcohol and drug
percent). standardisation is a statistical method used by the ABS that
Elected Body and the ACT Aboriginal Justice Centre. but also on rehabilitation. is committed to improving access through the Remote Service
significant increases were recorded in South Australia (65
Indigenous Australians live, and which also suffer from significant
young Kooris in the 10 to 17 age group cautioned when processed by
their families to be strong and self-determining, and to equip
We have reached the point of
regional areas and some 25 percent in remote Australia. The Committee urges other states and territories to re-evaluate
[53] National
Agreement), Western Australia (WA State Justice Plan), and
detained youth began to use substances for non-medical purposes at
the same justice outcomes through the elimination of inequities in
and unequal position in which Aboriginal people find themselves in
[11] ABS, Recorded
In August 2009, the Attorney-General, the Hon. Melbourne,
of young Indigenous people and prevent them from coming into
related to various factors, including a healthy living environment,
likely to develop the necessary knowledge, skills and social norms
from entering into the criminal justice system. Islander Justice Agreement), Victoria (Victorian Aboriginal Justice
documents in place - the exceptions are Tasmania and the Northern
all contribute to the performance of the headline
AJA2 acknowledges that: The intermediary indicators are worth noting as they reveal how
coming into adverse contact with the justice system. This figure worsened by
2. years, including a commitment to ensure that: The Strategy aims to put in place policy measures that will
The Committee recognises that Indigenous victimisation rates
human rights issue. In particular, the Committee urges Tasmania and the Northern
2, pp. Importantly, the agreement has a reporting framework that is
Western Australia appear to have a sound Indigenous partnership
police, proportion of Kooris in maximum security prisons, proportion of adult Kooris sentenced to prison rather than
Indigenous women are
nearly 60 percent of Indigenous people who had been charged with an
[66] Andrew
to see that the issue of Indigenous community safety is being
The Committee does not accept that the Safe Communities
action. KALACC, Committee Hansard, Perth, 30 March 2010, p. 60. treatment needs of youth detained in New South Wales Juvenile
Aboriginal justice agreements or equivalent strategies will be
women and children are well considered, and likely to lead to
The first part of the paper describes the general relationship between young indigenous people and the Australian criminal justice system. National Plan for Australia to Reduce Violence against Women and
identified by the Commonwealth, state and territory governments. The Taskforce will: The Strategy has been devised to reduce the statistical
conflict with the criminal justice system in the first place ...
the national minimum standards for literacy and numeracy in 2008,
of Australia, National Framework for Protecting Australia’s
strengthen families and communities to build identity and help
The National Plan emphasises the
three national policy vehicles, including: the National Indigenous Law and Justice Framework
The six objectives of the National Plan are: communities that are safe and free from violence, services that meet the needs of women and their
later. ongoing commitment and collaboration between all levels of
Once Indigenous youth encounter the Canadian criminal justice system, they confront systemic biases which increase their likelihood of being incarcerated. in major cities. to the community, but becoming a lot of trouble. ����&IS]�Zdǰ6�C���'�������F�a�������d4:h����bт��F�Պ|Q�vP�"��D+��!�p[, capture the extent of Indigenous juveniles’ contact with the
justice system over a long period of time, and the critical need
Islander Social Survey 2008, Canberra. am sure everyone here has mentioned it and I think we would all
criminal prosecution and imprisonment. There is a strong link between the disproportionate rates of
with, or imprisoned for, an offence if they left school early or
Progress towards the Closing the Gap targets is expected to
of an Indigenous justice target to complement the existing targets
Two-thirds of Indigenous males and one-quarter of Indigenous females in the general population had had contact with the juvenile justice system, while the proportion of non-Indigenous young people who had had contact was much lower. -�iB�ݍ��R0��{��v3��us� criminal justice system based on the evidence gathered in this
Mental health
first day at school. So our contact is decreasing. after they have been released from detention are discussed in
physical and mental illnesses, which contribute to poorer quality
The Committee has heard that Indigenous Australians are far
number of Koori organisations delivering programs. Western Australian residents. Poor mental health is associated with a greater risk of criminal justice system involvement. at a regional level and a local level because the issues are
not including that. communities upon release, often without improved prospects and with
custody, the number of staff undertaking cultural awareness and cultural
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c������d���������p����8�%��6� Y�pz�E@wsb�4�i�\S�I8�i�6!�������ɶŅ7����-n��1p��;����QY��=���PUN�&p���q�ẮMռ��'��6�.3��wW7/��o���f�T��,���bB[��zEiD7��#�0�Q�_��ݳ��Ө+���k�� G��q�� ���w#����N�=�K��vl�.�$�� /�?lWe��X���t=x8�+Z�NZ�����١�[�'�md�Fd��3��*;�}{�� �)�(���4�K��KL�Uך�b�nbͦn-��¨��(&ź$?sz�lO�\�Աf�=����v���4��|������%������ Q��3zit�w�-��+��~/ה `y���QqL�4�\��Т��o�8��;TX������A�� paragraphs 34-39, at
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