News
15 September 2011
Circle sentencing 'very successful'
By Nick Bendel, Moree Champion, 15 September 2011
CIRCLE sentencing is changing the way local Aboriginal offenders interact with the legal system.
And it is having a “very successful” impact one of its supporters says.
Circle sentencing is an alternative court for adult Aboriginal offenders. Criminals, victims, legal officials and Elders come together to discuss crimes and their impacts.
Moree’s circle features the magistrate, a project officer, the prosecutor, the defendant, his lawyer, the victim and three Elders. The defendant and victim are also allowed to have a supporter present.
Defendants can only take part in circle sentencing if they plead guilty and receive the magistrate’s permission.
The circle doesn’t deal with minor matters like driving offences or serious crimes like murder. It handles mid-level offences such as assaults and break-and-enters.
Unlike in a regular court, where lawyers generally do all the talking, the defendant is obliged to speak.
Proceedings are held away from the court to create a different atmosphere. Participants’ names are kept confidential.
Circle sentencing has been operating in Moree since October 2010. The circle handles one case a month.
Project officer Janice Raveneau and panel members Zona Moore and Wendy Craigie are three of the 15 locals involved in circle sentencing.
All are strong supporters of the concept, which they say breaks down barriers between the Aboriginal community and legal system.
It also holds criminals accountable, empowers victims and promotes healing, they say.
“I think it’s been very successful,” Ms Moore says.
“What it involves is bringing an awareness to Aboriginal people that the circle is a place where they can be themselves and where they can have a voice.”
Eight criminals have gone through Moree’s circle. None have re-offended, according to the three women.
Far from being a soft option, circle sentencing is better than a traditional court in forcing criminals to accept responsibility, the women say.
“The Elders know who they are. They can’t lie to a community member,” Ms Raveneau says.
Ms Moore agrees. “It’s a shame factor. They’re being judged by their peers which are their Elders.”
She also explains that while the Elders advise the magistrate on sentencing, he has the final say.
“At the end of the day, the judges make the decision on the penalties,” she says.
While Moree’s circle has been holding criminals accountable, it has also been helping them get their lives back on track, Ms Raveneau says.
“They have got the help they really wanted. A lot of them were crying out for help.”
At the same time, the criminals have been forced to listen to their victims and discover the impact of their actions.
That’s why Ms Moore says victims also gain from circle sentencing.
“What’s in it for the victim? They can actually see a positive outcome,” she says.
“They get to have their say and say how they feel.”
Bringing criminals and victims together in a physical sense can also bring them together emotionally, according to the three women.
“It’s all about healing and reconciling with each other,” Ms Moore says.
“We’ll never have this happy medium if we don’t talk and tell people how we feel as a victim.”
August 2011
Update on The Aboriginal Trust Fund Repayment Scheme
For over 60 years government wages, pensions and child endowment due to Aboriginal people were placed into trust fund accounts which were not paid out.
In 2004 the government established an ex-gratia scheme to allow claims for unpaid funds. The original estimate of the number of potential claimants was up to 11,500 with estimates of potential payments between $4M and $15M.
The Aboriginal Trust Fund Repayment Scheme has recently advised in answer to a question in parliament that:
All direct claims have now been assessed. As at 30 June 2011, 618 (6.85%) claims were yet to be assessed.
As of 30 June 2011, ex-gratia repayments totalling $6,075,712.57 had been approved.
At 30 June 2011, 45% of total funds approved had been in relation to direct claimants.
The scheme guidelines provide claimants with a right of review of the assessment of their claim.
Claimants have six weeks from the date of claims assessment to lodge a review.
The scheme will be finalised when claims are fully processed.
Wednesday, 20 July 2011
NSW Government announces funding for Aboriginal Language Centre
Minister for Aboriginal Affairs Victor Dominello MP has announced funding for the creation of the Centre for Aboriginal Languages Coordination and Development (CALCD).
Following a merit based process, the NSW Aboriginal Education Consultative Group (NSW AECG Inc.) has been granted $1.277 million (approximately $400,000 every year for three years) to develop the CALCD, which will be overseen by a Council of experts in the field that are yet to be determined
"I share the view of Aboriginal communities that reclaiming and maintaining Aboriginal language and culture is imperative, as it instills a greater sense of identity, pride and confidence in people and leads to increased school attendance and participation," Minister Dominello said.
"We have listened to members of numerous Aboriginal communities and we are pleased to redirect funds from the bureaucracy to this community-based Aboriginal organisation to focus on language revitalisation," Minister Dominello said.
NSW AECG Inc. is the recognised peak advisory body on education and training and advocates on behalf of Aboriginal people and communities. NSW AECG Inc. is made up of volunteer members involved in Local and Regional AECGs across NSW.
"Our decision to support the NSW AECG Inc. is based on key aspects of our direction: real partnerships with Aboriginal communities, real Aboriginal ownership of initiatives and a real focus on what's possible and positive, including cultural empowerment," Minister Dominello said.
Monday, 18 July 2011
Bail laws need reform
by Janene Carey, The Armidale Express
VISITING Armidale on Friday [15th of July], the NSW Attorney General Greg Smith said one of his key priorities in office was reforming the bail laws, especially as they apply to the juvenile justice system.
“It’s becoming harder and harder to get bail, particularly for young people who have broken the ties with home,” he said.
“There’s an inordinate number of young people on remand, and only about 20 per cent of them end up getting a custodial sentence. And a lot of them don’t even face a charge that carries a custodial sentence.
“It might be for refusing to move on, or being cheeky to the police. A minor discrepancy - and they end up in custody sometimes for up to six weeks.”
Mr Smith called this situation a breach of criminal justice traditions and said it led to higher crime rates.
“They’re exposed to the worst kinds in there. They meet the wrong people - they’d be better off outside, under supervision,” he said.
He noted this was a particularly significant issue for Aboriginal youth, who make up only three percent of the general population, but form around half of the juvenile detention population.
Mr Smith, who came to Armidale at the invitation of Guyra-based MLC Scot MacDonald, met with several groups of Aboriginal elders during his visit.
His itinerary included inspecting the site of the new Court House, discussions with Indigenous members of the circle sentencing and community justice group, a forum with local lawyers and law students at the University of New England, and an address to a Liberal party regional dinner and conference.
Friday, 15 April 2011
Deaths in Custody: A special investigation
Twenty years after the Royal Commission report into Aboriginal deaths in custody was released, fatalities in prison custody are rising and inmates are still dying as a result of the same lethal practices the Commission sought to eliminate. As part of a special investigation for Crikey, freelance journalist and Australian Centre for Independent Journalism associate Inga Ting examines the startling data, the damning case studies and the very human stories behind a vexed political and social issue.
The series of articles can be read at www.crikey.com.au/deaths-in-custody/
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