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Media Release – Our Communities Have The Solutions

JOINT MEDIA RELEASE
Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd and Tablelands Community Justice Group.
Atherton, Far North Queensland – November 22, 2024 – The CEO and Executive members of the Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd (ATSILS) recently met with the Tablelands Community Justice Group (TCJG) Elders in Atherton to discuss the systemic justice issues driving youth offending, incarceration, and affecting community safety in the region and to hear about some of the community-led responses making a real difference.
Indigenous youth in Queensland are 26 times more likely to be incarcerated than their non-Indigenous peers and it is a sad state of play that this rate continues to spiral year after year. Factors such as childhood trauma, socioeconomic disadvantage, mental health and substance abuse are the main drivers of offending behaviour.
Youth detention centres in Queensland are often operating at over-capacity which leads to children being detained in adult watch houses and prisons. These facilities are ill-equipped to ensure their safety, compromise their human rights and can exacerbate trauma and mental health issues, increasing the likelihood of reoffending and more serious offending.
Addressing these issues requires respectful, culturally informed approaches, increased resources for rehabilitation and diversion programs, and systemic changes to reduce reliance on detention for young people. Developing stronger relationships with police to foster community-engaged policing, rather than over-policing communities, is a crucial element to this.
Local communities must be involved in the solutions, and we call on the new State Government to engage more effectively with local Elders and grassroots and community-controlled organisations in the development of therapeutic justice responses. Organisations such as the TCJG, which is comprised of local Elders, are uniquely positioned to understand and address cultural and social dynamics within their communities, leading to more effective interventions such as ‘On Country’ Elder led camps. Ensuring Aboriginal and Torres Strait Islander youth have access to community-led rehabilitation and diversion services, such as ‘On Country’ Elders camps, is vital to breaking the cycle of offending. Cultural camps provide opportunities for young people to learn respect, connect with their heritage and understand their cultural identity. This connection fosters a sense of pride and belonging and sets the foundation for them to engage more effectively with further education and rehabilitation services and ultimately, successful reintegration into the community.
Quotes:
• “ATSILS and TCJG call for more culturally informed justice reinvestment practices to address youth offending and increase community safety,” said Mr. Shane Duffy, CEO of ATSILS. “By engaging the community at the local level, we can better understand the challenges to tailor our service delivery to community need and develop more effective solutions that engage youth in rehabilitation.”
• “Our Elders network plays a crucial role in helping to set our youth on as path to rehabilitation to break the cycle of offending,” said Julie Go Sam, TCJG Justice Coordinator. “Our united presence, support in community and involvement in ‘On Country’ cultural camps are an invaluable foundation for teaching youth respect for self and others and guiding them away from the justice.”
For an insight into ‘On Country’ camps and aspirations to develop a Youth Centre to address offending please view: https://www.youtube.com/watch?v=2tINIi7WDeI
About the Tablelands Community Justice Group:
The Tablelands Community Justice Group is dedicated to restorative justice practices and community/justice sector engagement, aiming to create a safer, more cohesive community.
About the Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd:
ATSILS provides innovative and professional legal services for Aboriginal and Torres Strait Islander people across Queensland. [For more information: www.atsils.org.au ]
Media Contact for Mr Shane Duffy (ATSILS CEO) – Joshua Herd (Email: Joshua.herd@atsils.org.au )
Media Contact of Tablelands Community Justice Group – Julie Go Sam (Email:  j.gosam@mypathway.com.au )
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Masterclass event on the changes to the Anti-Discrimination Act 1991

The UQ Pro Bono Centre and Community Legal Centres Queensland recently held a Masterclass event on the changes to the Anti-Discrimination Act 1991 for legal practitioners in the community legal assistance sector.

At this event, there were short presentations from ATSILS, the @Institute of Urban Indigenous Health, Legal Aid Queensland, the Queensland Human Rights Commission, The University of Queensland and Queensland Advocacy for Inclusion.

ATSILS’ Kate Greenwood and Pree Sharma presented to the group on key changes to vilification laws in Queensland. It is hoped that this event will help equip civil lawyers to understand key changes to the legislative framework so that they can best assist their clients with discrimination and vilification matters once the changes come into effect next year.

Service Suspensions
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Aboriginal and Torres Strait Islander flag raising – QEII Courts of Law Complex in Brisbane

This week our Principal Legal Officer, Greg Shadbolt attended a ceremony to mark the raising of the Aboriginal and Torres Strait Islander flags outside the QEII Courts of Law Complex in Brisbane.

The event was held on 09/02/2023 and presided over by Her Honour, Chief Justice Helen Bowskill. The raising of the Aboriginal flag and the Torres Strait Islander flag acknowledges the original owners and custodians of the land and waters in and around the whole of the State of Queensland.

From 09/02/2023 forward, the flags will permanently fly alongside the Australian and Queensland flags as a symbol of recognition and respect and to recognise our shared history.

 

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Interim Legal Service Provider for Torres Strait Islands and NPA Regions

Please be advised that as of the close of business today (30 June 2021), the Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd will no longer be providing legal assistance and community legal education services to communities throughout the Torres Strait Region and Northern Peninsula Area (NPA).

From 1 July 2021, The Torres Strait Regional Authority has appointed – Queensland Indigenous Family Violence Legal Service (QIFVLS) to deliver community legal education services and QIFVLS has also been engaged to provide interim legal services for communities Torres Strait and Northern Peninsula Area Regions.

If you, or your family, live in the Torres Strait or NPA region and need legal help call QIFVLS 1800 887 700.
ATSILS wish all involved in the interim arrangements (and beyond) all the very best.
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Happy International Human Rights Day!

Human Rights DayOn this day in 1948 the members of the United Nations General Assembly, including Australia, adopted the Universal Declaration of Human Rights.

Fast forward to 2020, and in Queensland we now live in a State that has committed to putting people first through the introduction of the Queensland Human Rights Act 2019.

The historic Queensland Human Rights Act 2019 introduced by the Palaszczuk State Government draws on international human rights norms and recognises that every person has human rights and the right to enjoy them without discrimination.

Under the Act the distinct cultural rights of Aboriginal and Torres Strait Islander peoples are protected and Queensland is the first Australian jurisdiction to specifically list this right in legislation.

Understand your rights!

To access resources designed specifically for Aboriginal and Torres Strait Islander peoples visit The Queensland Human Rights Commission website.

https://www.qhrc.qld.gov.au/your-rights/for-aboriginal-and-torres-strait-islander-people

Putting People First

View the first Annual Report on the operation of the Queensland Human Rights Act

https://www.qhrc.qld.gov.au/__data/assets/pdf_file/0005/29534/Human-Rights-Act-Annual-Report-2019-20.pdf

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Murri Court – Explainer Video from QSAC.

Learn more about Murri Court with this great new explainer video from the Queensland Sentencing and Advisory Council. 

The Murri Court delivers a culturally appropriate court process that respects and acknowledges Aboriginal and Torres Strait Islander cultures.

It is a combination of support, action and ownership that sees Elders and Respected people from the community work closely with the Murri Court magistrates, the defendant and their legal representatives to help keep families together and enable offenders to make better choices by addressing the underlying issues that contribute to their offending.

Doing Justice Differently focuses on informing Queenslanders about the specialist courts and programs. For more information visit:

https://www.sentencingcouncil.qld.gov.au/about-sentencing/doing-justice-differently/murri-court 

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Licencing Muster in the Northern Peninsula Area – September 2019

ATSILS Licencing Muster 2019 1Following the success of the first ever NPA Licensing Muster in July 2019, ATSILS has again combined forces with the Queensland Police service, Department of Justice and Attorney-General, Department of Transport and Main Roads (Licensing Mob), NPA Family and Community Services and the NPA Community Justice Groups to deliver a ‘Licencing Muster’ event in the NPA region on 12 September 2019.
This community event is an opportunity for the five NPA Communities (Injinoo, Umagico, Bamaga, New Mapoon and Seisia) to have unprecedented access to licensing and identity document-related services from a range of service providers. Eleven staff from seven different government and non-government service providers worked together on the day to service well over 80 community members to assist with a range of licensing and identity related issues. This is over triple the number who attended the last Muster in July, demonstrating continued and growing need for such Musters in the NPA.
 
As ATSILS CEO Shane Duffy has explained:
“These programs are important intervention and prevention approaches that are critical to blocking the fast lane to prison for many Aboriginal and Torres Strait Islander people in remote communities. In consultation with the current Magistrate in the NPA region we put a spotlight on the disproportionate number of licensing issues ending up before the courts and the unacceptable social and economic costs to these communities.
In response we tasked our Prevention, Intervention and Community Legal Education Officer in the region to take the lead in coordinating key stakeholders to work together to develop solutions to address the underlying challenges that fuel this issue. These challenges include simple things we take for granted in urban areas, such as adequate access to basic licencing and registration services. ATSILS has long been a strong advocate for a smarter approach to this justice issue, and these Licencing Musters are examples of the important elements needed in the fabric of broader justice reinvestment strategies that can create stronger, safer communities in the region. The success of these programs to date is a credit to the vision and hard work of all involved.”
Building on lessons learnt from the last Muster, several targeted events were also offered in the lead-up to the big day on 12 September. Two Learner Licence workshops run by the Indigenous driver Licence Unit (Licensing Mob) were held prior which were targeted at Community Development Program (CDP) Participants and kids in years 10-12 at NPA State College who were eligible to receive their learners prior the Muster. Everyone who attended the Workshops passed their learner theory test and many went on to secure their learner licence at the Muster. However, inconsistent ID and lack of funds unfortunately remained a barrier for some who passed the test, and we intend to continue to work with those community members, so they are ready to get their licence when the next Muster comes to town.
Proactive assistance was also provided to the NPA communities with identity related issues in the lead up to the Muster, so they could have the necessary Evidence of Identity (EOI) required by the Licensing Mob sorted. This was in direct response to our understanding that inconsistent or insufficient identity documents is a major hurdle for community members in getting their licence. We therefore worked closely with the NPA State College, NPA Family and Community Services and the Registry of Births, Deaths and Marriages to run an “Identity Drive” in the weeks prior. This resulted in over 20 birth certificate applications being lodged, as well as a number of birth registration and change of name applications. Many who were able to get their birth certificate at the Identity Drive were then able to attend the Muster and sort out their licence because they had enough EOI.
The Licensing Muster events continue to demonstrate the need for more proactive and intensive support for licensing and registration services in the NPA. Although we were able to help a significant number of people on the day, it was obvious to all service providers that consistent Muster events will be necessary to meet the enormous demand for services in the region that is currently going unmet.
We are hopeful that regular Licensing Musters (perhaps every 2-3 months) and continued interagency support would make a dent in the astronomical rates of unlicensed and unregistered driving in the NPA, and ultimately lower the numbers appearing before the Courts on related charges each month.
We are also aware that these licensing and identity issues, and lack of access to services, is also a significant problem for the Torres Strait region, especially the Outer Islands where no licensing services are available except through infrequent visits from the Indigenous Driver Licence Unit (Licensing Mob). We are committed to exploring further opportunities for replicating the Licensing Muster model in these communities as well, depending upon the continued commitment of all agencies to collaborate and resource such activities going forward.
We plan to hold the next NPA Licensing Muster in November 2019 (date TBC) and plan to build on both the successes and lessons learnt at this Muster to provide an event better Muster next time.
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Another death in custody due to human rights breaches?

The Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd is appalled at the state of play for children and juveniles currently languishing in police watch houses across Queensland. It is totally unacceptable that such vulnerable young people are being subjected to this type of traumatic treatment whilst under the care of the state. Holding kids in these facilities is extremely dangerous and simply creates an unsafe environment where another death in custody is more likely to occur due to human rights abuses.

View Media Release

 

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Media Release: ALP announce First Nations Justice Package

The Australian Labor Party announce critical funding measures to address the disadvantage experienced by First Nations people in the justice system.

The Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd (ATSILS) has welcomed the funding commitments announced today by The Australian Labor Party (ALP) in relation to addressing family violence and the disadvantage experienced by First Nations peoples in the justice system.

Media Releases

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ATSILS calls for Government to act on ALRC recommendations to tackle soaring incarceration rates.

ALRC_March2018The Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd welcomes the report and recommendations of the Australian Law Reform Commission’s ‘Pathways to Justice – Inquiry into Incarceration Rates of Aboriginal and Torres Strait Islander Peoples’ tabled in Parliament today.

ATSILS CEO Shane Duffy said, “This report is yet another validation of the extreme disadvantage Aboriginal and Torres Strait Islander people face day to day when coming in contact with the justice system and presents clear, evidence based solutions that can address the disproportionate rate at which Aboriginal and Torres Strait Islander people are incarcerated.”

“The recommendations handed down in this report provides yet another opportunity for all levels of government to turn their rhetoric into action and work with Aboriginal and Torres Strait Islander communities and organisations to implement real change and create safer communities” said Mr Duffy.

“Back in 1991 the Royal Commission into Aboriginal Deaths in Custody also found that an unfair and discriminatory justice system was failing our people and fuelling over-incarceration. It offered comprehensive solutions that could affect change through its 339 recommendations, but these were left on the shelf largely ignored and unimplemented by governments. Fast forward almost 3 decades later and here we are today grappling with an even more complex and rapidly growing problem so shameful the Federal Government has labelled it a ‘National Disgrace’. We can’t let this history of inaction continue to repeat and drop the ball on this again,” Mr Duffy said.

Research commissioned by ALRC shows the magnitude of the crisis we are dealing with today with Aboriginal and Torres Strait Islander men found to be 14.7 times more likely to be imprisoned than non-Indigenous men, and Aboriginal and Torres Strait Islander women found to be 21.2 times more likely to be imprisoned than non-Indigenous women. Between 2006 and 2016 imprisonment rates have increased by 41%. The report noted that Although Aboriginal and Torres Strait Islander adults make up around 2 per cent of the national population, they constitute 27 per cent of the national prison population.

As a matter of priority and in line with our national peak body (National Aboriginal and Torres Strait Islander Legal Services) we call on Governments to:

  • Implement a National Justice target as part of Close the Gap framework.
  • Promote justice reinvestment through redirection of resources from incarceration to prevention, rehabilitation and support, in order to reduce reoffending and the long-term economic cost of incarceration of Aboriginal and Torres Strait Islander peoples.
  • Engage and empower Aboriginal and Torres Strait Islander people to provide basic universal services and adequately resource innovative community led solutions.
  • Abolish mandatory sentencing, which disproportionately affects Aboriginal and Torres Strait Islander people and increasing more culturally appropriate diversionary options and community-based alternatives.
  • Reform laws so that Aboriginal and Torres Strait Islander people are not sent to prison for minor offences such as offensive language or unpaid fines.
  • Fix bail and sentencing laws so that a person’s cultural experience can be taken into account.
  • Adequately resource and provide funding certainty to Aboriginal and Torres Strait Islander Legal Services, Community Legal Centres and Legal Aid Commissions more broadly. Ensuring access to justice for vulnerable community groups fundamentally requires sufficient, sustainable and ongoing funding for legal assistance providers.
  • Enact mandatory Custody Notification Systems in partnership with every ATSILS.


Media Contact: Josh Herd for Shane Duffy, CEO Aboriginal and Torres Strait Islander Legal Service Qld, email josh.herd@atsils.org.au or phone 0439 561 775.

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