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Circle Sentencing is an alternative sentencing court available for eligible adult Aboriginal offenders who have been found guilty or have pleaded guilty because of criminal proceedings in a local court.
Rather than being sentenced by a Magistrate alone, representatives from the local Aboriginal community help decide appropriate sentences and devise suitable outcome plans for Aboriginal defendants. The defendant sits in a circle with respected Aboriginal community members, support people and the local magistrate to discuss the offending behaviours. The victim may also choose to participate.
ASU Staff facilitate Circle Sentencing sittings and assist ACJGs and/or local Aboriginal Community members and Magistrates to establish Circle Sentencing Courts.
‘Walama’ is a word from the Dharug language meaning ‘come back’ or return. In the context of the Walama List, it is a coming back to identity, community, culture, and a healthy, crime-free life. The Walama List is an alternative sentencing procedure for eligible Aboriginal and/or Torres Strait Islander people. It is currently operating from the Sydney Central District Court. It is being piloted in the NSW District Court Downing Centre. The Pilot aims to reduce the overrepresentation of Aboriginal people in custody in NSW and increase Aboriginal community participation and confidence in the criminal justice system. The Walama List will achieve this by working with Elders and respected community members, government, and non-government services to address underlying needs and risk factors related to offending behaviour. The Walama List aims to reduce re-offending and keep communities safe.
In response to the Select Committee Inquiry into the High Levels of First Nations People in Custody and Oversight and Review of Deaths in Custodyopens in new window, two ongoing Aboriginal Coronial Information Support Officer roles based in the State Coroner’s Court at Lidcombe were created. The Coronial Information and Support Program team provides information and support to improve the experiences of Aboriginal families affected by deaths that involve the NSW Coroner. The team gives families culturally safe and sensitive support to navigate the coronial process and assist the court in understanding how to embed culturally responsive practices into its operations.
Aboriginal Community Justice Groups (ACJGs) are representative groups of respected Aboriginal community members, service providers and justice agencies who come together regularly to examine crime and offending problems in their communities and develop solutions to address these issues. ACJGs recognise that local Aboriginal people know their communities and are best placed to recommend actions to help keep their communities safe.
The NSW Aboriginal Rugby League Knockout Carnival (Koori Knockout) is held every October Long Weekend. It attracts tens of thousands of Aboriginal fans and participants. The ASU runs a publicity campaign in the leadup to the Knockout to encourage people who have justice order conditions that they may breach if they travel to the Knockout to go to their local court and ask to have their conditions changed. The ACCSOs at various local courts across NSW distribute information cards and put up posters in court registries.
Leaving Footprints is a voluntary education project that explores the impact that lateral violence and domestic violence have in participants’ communities and in their lives.
The 6-week program is designed and delivered by the Aboriginal Services Unit.
Sessions explore how disempowerment, marginalisation and trauma can contribute to lateral violence and domestic violence community friction.
How it works
Participants meet over 3 sessions to reflect on their goals and the footprints they are leaving for their family and community to follow. They learn strategies to:
Aboriginal male facilitators from the ASU and other licensed agencies create a culturally-safe environment for participants. They also connect participants with necessary health, wellbeing and cultural services.
At the end of the program, participants review their initial goals and celebrate their achievements at a graduation ceremony. They gain access to ongoing support as needed.
Program benefits
Leaving Footprints graduates enjoy healthier relationships and a higher quality of life. Participants and community members have reported that the program has helped to break cycles of inter-generational trauma and violence.
DCJ continues to monitor the program on an ongoing basis.
More information
Would your organisation like to deliver Leaving Footprints in your community? Training and ongoing support is available.
Please contact FootprintsASU@justice.nsw.gov.au
Leaving Footprints is a registered business name of the Department of Communities and Justice.
ABN: 36 433 875 185
Aboriginal Client & Community Support Officers (ACCSOs) are based at local courts across NSW to support Aboriginal people who come in contact with the justice system. ACCSOs work to improve the quality of justice-related services for Aboriginal defendants, victims, families, and court users.
The Aboriginal Services Unit is working in partnership with the Police, Legal Aid NSW, the Aboriginal Legal Service (ACT/NSW), and the Court Registry to deliver bail support pilot projects in several locations. ACCSOs offer support and information about bail to help accused people better understand their bail conditions, how to meet them and how to seek variations if needed. ACCSOs also help ensure people attend court by sending reminders, and link accused people to community support services. Bail projects are planned and/or underway in Dubbo, Nowra and Lismore.
The Driving & Licence Offences Project provides coordinated assessments, referrals, information and support services for Aboriginal people attending court with driving and licence offences.
ACCSOs complete a voluntary assessment identifying gaps in service provision, possible diversionary options as well as other barriers to safe and legal driving.
This program aims to reduce domestic violence perpetrators reoffending through increasing understanding and compliance with ADVOs.
‘What’s Your Plan?’ is an evidence-informed approach which uses small behavioural interventions (such as text reminders and the simplified ADVOs) to promote defendants’ understanding and engagement with the ADVO/court process, and help to reduce reoffending.
The ‘What’s your plan?’ session is a 20 to 40 minute discussion between an ACCSO and a DV defendant in court, focused on agreeing to an action plan to avoid breaches. It covers:
The ASU and Justice Health have a protocol to facilitate mental health assessments for eligible Aboriginal offenders appearing in Broken Hill and Parks local court. Criteria for eligibility are:
When a person is identified as suitable for the service, the ACCSO liaises with the Justice Health Mental Health Clinician based at Dubbo Local Court, who completes a mental health assessment with the nominated person via AVL. A report is provided to the Magistrate, Defence Solicitor and Police Prosecutor, which includes information about the individual’s mental health and any recommendations for care and treatment where appropriate.
13 Aug 2024