A WA parliamentary question probes the Justice Department on Indigenous representation, policy, and efforts to reduce Indigenous contact with the criminal justice system, particularly among youth. The Department's response details existing programs and acknowledges complex, inter-related factors.

AnsweredQoN 338Legislative Assembly
Asked
16 August 2005
Portfolio
Justice

QuestionView source ↗

(1) Who sanctioned the decommissioning of the section 50d positions (negotiated by Indigenous employees in 2001-2002 in an attempt to reduce the over-representation of Indigenous people in Western Australia’s criminal justice system) in the Justice Department?
(2) How many Indigenous staff are currently working (that are physically present) in the Aboriginal Policy and Services Directorate?
(3) How many Indigenous people have left employment within this Directorate and associated programs?
(4) Why have they left?
(5) What Indigenous policy development has been initiated by this Directorate in the last 3.5 years?
(6) Why has Indigenous contact with the criminal justice system not been effectively or adequately reduced?
(7) What measures are being taken to significantly reduce youth prison receptions and criminal justice contact?

AnswerView source ↗

Answered
22 September 2005
Responded by
Minister for Justice
Response time
37 days
The Department of Justice advises: 1. The Department of Justice does not have any record of any section 50(d) positions being decommissioned. 2. 49 3. 40 4. Staff have left for reasons including: end of contract, permanent positions offered elsewhere, natural attrition, transfers and secondment arrangements being finalized. 5. The major policy initiative has been the Aboriginal Justice Agreement. The Aboriginal Policy and Services Directorate also researched alternative court and sentencing models for Aboriginal people in other states, with a view to recommending suitable models appropriate for Western Australia. Aboriginal Policy and Services has provided input and advice to the: DoJ Indigenous Employment Strategy; Aboriginal Interpreters; Aboriginal Urban Engagement Strategy; Community Juvenile Justice Strategic Plan for Aboriginal Services; Courts Strategic Plan for Aboriginal Services; Victims Policy; Fines System Reviewer-Entry Project and Prison to Work Program The Kimberley Custodial Plan, which is a joint project between the Department of Justice and the Inspector of Custodial Servicesto develop a comprehensive corrections plan for the Kimberley region. A key part of this strategy has been the Aboriginal Reference Group which is consulting widely with groups in the region and will deliver interim findings in October. The Inspector of Custodial Services is also examining regional prisons and work camps in an effort to develop a new structure as part of the terms of reference for the Mahoney Inquiry. 6. Factors affecting the rate of Indigenous imprisonment are complex and inter-related. These factors are primarily social and often fall outside the scope of the criminal justice system. It is critical to remember that the Department of Justice is not the only agency with the potential to alleviate the difficulties facing Indigenous persons - with both government and non-government agencies having a critical role to play in addressing the multitude of difficulties that influence the rate of Aboriginal offending. Similarly, it is important to remember that cooperation between governmental and community organisations has enormous benefits in terms of ensuring that the needs of prisoners, pre and post-release, are met. 7. The Intensive Supervision Program (ISP) began operating in Western Australia on 1 November 2004, and is aimed at the State's most serious repeat juvenile offenders. ISP teams work with juveniles who have extensive offending histories and complex social circumstances that contribute to their anti-social behaviour. The Supervised Bail Program (SBP), which was established to avoid the unnecessary detention of juveniles - in circumstances where the Court or Police have deemed them eligible for bail, but a responsible adult cannot be found to sign the bail undertaking on their behalf. The Regional Supervised Bail Program (RSBP), which aims to minimise the removal of young people from regional communities as a consequence of their involvement in the justice system, and reduces the number of admissions to Rangeview Remand Centre (as well as the costs of returning juveniles to regional areas). It also addresses cultural dislocation and issues raised in the Royal Commission into Aboriginal Deaths in Custody. Planned Community Supervision Agreements and Community Conferencing, which will support remote communities to develop a range of strategies to manage offending behaviour in their community. These initiatives will also provide local alternatives for police and sentencing authorities, rather than fast tracking young people into the formal justice system. The Young Offenders Amendment Act 2004 was assented to on 22 November 2004, and the majority of provisions came into effect on 1 January 2005. The new legislation allows authorities to attach curfew conditions to Conditional Release Orders or Supervised Release Orders. The target group will be those young people at risk of being sent to detention or those at risk of not being released if they do not have an extra layer of monitoring. Curfews can be monitored with electronic equipment.

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