Media Release: Australian Law Reform Commission inquiry into Aboriginal and Torres Strait Islander imprisonment must focus on solutions

MEDIA RELEASE: 27.10.16

A major national inquiry into the over-imprisonment of Aboriginal and Torres Strait Islander peoples must focus on identifying tangible solutions that address the underlying causes of imprisonment, says the Change the Record (CTR) Coalition. In welcoming today’s announcement of an Australian Law Reform Commission (ALRC) inquiry into the over-imprisonment of Aboriginal and Torres Strait Islander people, the coalition of peak Aboriginal and Torres Strait Islander, human rights and legal organisations has said it is essential that the inquiry focus on practical measures that invest in and strengthen communities.

CTR Co-Chair Shane Duffy said, “For a long time we have been calling for the Federal Government to take a leadership role on these issues, and so we welcome the Turnbull Government beginning to step up to the plate”.

“This year marks 25 years since the landmark Royal Commission into Aboriginal Deaths in Custody (RCIADIC), but our people continue to experience imprisonment and violence at crisis rates. The new ALRC inquiry offers an important opportunity to shine a comprehensive light on these issues at a national level, and identify tangible actions for all levels of government” said Mr Duffy.

At the time the RCIADIC report was handed down  Aboriginal and Torres Strait Islander people were seven times more likely to be in prison, now in 2016 that figure has risen to 13 times. At the same time Aboriginal and Torres Strait Islander women are experiencing high rates of violence, being 34 times more likely to be hospitalised for family violence related assault.

“We know that Aboriginal and Torres Strait Islander imprisonment rates, and experience of violence, are strongly linked to social and economic disadvantage and so the inquiry must include a focus on early intervention, prevention and diversion programs” said Mr Duffy.

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MEDIA RELEASE: Senate Inquiry Report provides critical recommendations to improve justice outcomes for First Peoples

The Change the Record (CTR) Coalition has today welcomed the release of a major report by the Senate Finance and Public Administration Reference Committee into ‘Aboriginal and Torres Strait Islander experience of law enforcement and justice services’. This report makes a number of critical recommendations aimed at improving justice outcomes for Aboriginal and Torres Strait Islander people, including adequate support for legal assistance services.

Aboriginal and Torres Strait Islander people are currently 13 times more likely to be imprisoned than non-Indigenous Australians. At the same time Aboriginal and Torres Strait Islander women are 34 times more likely to be hospitalised due to family violence than non-Indigenous women. These issues are compounded by a number of significant barriers to accessing legal assistance services and the lack of a holistic, coordinated whole-of-government approach aimed at addressing the underlying drivers of imprisonment and violence rates.

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Media Release: Call for rethink on fine-default reforms

The Change the Record Coalition today welcomed a renewed discussion on reducing imprisonment for fine default, but called for all parties to rethink their proposed policy approach.

The Australian Labor Party yesterday released a policy proposal aimed at reducing imprisonment due to fine default through reform of the fine recovery process. The ALP policy proposes that the States and Territories are able to use the tax and social security system to recover unpaid fines through a Fine Enforcement Collection Scheme. This is similar to models that have previously been proposed by the Federal Coalition and WA Governments.

CTR Co-Chair Antoinette Braybrook said, “We are supportive of the principle of reforming the fine recovery process to reduce the unnecessary incarceration of our peoples – but we need to know more detail.”

“Our communities are more likely to experience disadvantage as a result of a number of factors including intergenerational trauma, family violence, homelessness, unemployment, disability, mental health issues or substance addiction”.

“We have significant concerns about the social security system being used to compulsorily enforce payment of fines by these vulnerable people” said Ms Braybrook.

The current ALP proposal does not outline how it will accommodate disadvantaged people who need assistance and support to address the underlying factors that have resulted in the inability to pay the fine.

Fellow Co-Chair Shane Duffy said, “To avoid pushing vulnerable people further into poverty, we recommend all parties commit to work with the States and Territories to implement Work and Development Order schemes, modelled on the effective NSW approach. Fine recovery schemes should as be used as a matter of last resort.”

“All parties should also undertake significant consultation with Aboriginal and Torres Strait Islander community controlled organisations and the legal sector, to ensure unanticipated negative consequences are avoided, such as disproportionate impacts on Aboriginal and Torres Strait Islander people and other marginalised groups.”

“We call on all parties to commit to abolish fine-default imprisonment as soon as possible, and adopt policy approaches that will support, rather than punish, our most vulnerable people.”

“We stand ready to work in partnership with government to develop appropriate and effective reform options” said Mr Duffy.

The Change the Record Coalition recommends all governments:

  • Commit to abolish fine-default imprisonment as soon as possible;
  • Introduce Work and Development order schemes, modelled on the effective NSW approach;
  • Ensure the adequate provision of gender and culturally relevant early intervention and diversion programs, to address the current over-imprisonment of Aboriginal women and girls;
  • Establish a legislative presumption against arresting victims of domestic violence at time of police intervention for outstanding unrelated charges, such as fine default; and
  • Retract any plans to introduce a compulsory scheme whereby outstanding fines may be deducted from social security payments because such a scheme will further seriously disadvantage vulnerable Aboriginal people

 

View Media Release: https://changetherecord.org.au/blog/news/call-for-rethink-on-finedefault-reforms

MEDIA RELEASE: Federal Labor commits to reversing cuts to Aboriginal and Torres Strait Islander Legal Services

The Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd (ATSILS) welcomes the news announced today by the Australian Labor Party that should they win government, they would reverse the 24 million dollar cuts announced by the Federal Government due to begin on July 1 this year.

Shane Duffy, CEO of ATSILS said “In Queensland Aboriginal and Torres Strait Islander people continue to be imprisoned at an unacceptable rate and continue to be over represented in the child protection system. The ongoing erosion of funding for culturally responsive frontline legal services has been a significant contributing factor to this issue.” “When the most vulnerable in the community don’t have access to justice or are unable to access adequate legal representation before the courts, they are more likely to end up in prison at far greater cost to the community and the tax payer. An economic value study by The Law Council of Australia showed that every dollar invested in legal assistance would result in an $18 dollar saving downstream to the community.”

Aboriginal and Torres Strait Islander people constitute less than 4% of the state’s population however they account for nearly 30% of Queensland’s prison population and nearly 50% of the child protection system.

Mr. Duffy said, “This broken record of statistics obviously reflects the current need put on our services due to inadequate funding levels which in turn undermine our ability to come anywhere near meeting the growing demand.”

Shortsighted tough on crime approaches, coupled with the chronic underfunding of the legal assistance sector & ATSILS to the tune of 200 million dollars in figures released by the (Australian Productivity Commission), has been a recipe for disaster and has left Queensland grappling with a record prison population that is economically unsustainable.

“While we welcome this latest commitment by the Labor Party, we call on all parties to commit to the reversal of these cuts. Further, we encourage all parties to increase investment in Aboriginal and Torres Strait Islander community controlled legal services such as ATSILS and Family Violence Prevention Legal Services, to better reflect need and the reality we are dealing with,” Mr Duffy said.

This call was echoed in yesterday’s landmark “Redfern Statement”, where the National Aboriginal and Torres Strait Islander Legal Service in conjunction with a number of other peak bodies, and over 55 mainstream NonGovernment Organisations including the Law Council of Australia and the Australian Medical Association, called for action in addressing Indigenous disadvantage based on improved relationships with government.

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Media Release: Federal Budget fails to prioritise Aboriginal and Torres Strait Islander communities

shane_CTRThe Change the Record (CTR) Coalition this morning expressed concern at the 2016 Federal Budget’s overall lack of focus on the Indigenous sector and investment in Aboriginal and Torres
Strait Islander communities.

CTR Co-Chair Shane Duffy said “We are extremely disappointed that the Turnbull Government’s Budget fails to prioritise Aboriginal and Torres Strait Islander justice issues, including the high rates of violence being experienced by Aboriginal women and children, and skyrocketing rates of incarceration of our peoples.”

“The Federal Budget provides a roadmap of Government priorities, and we are deeply concerned that in this Budget Aboriginal justice issues appear to have been forgotten by the Turnbull Government” said Mr Duffy.
View CTR Media Release:
http://res.cloudinary.com/www-changetherecord-org-au/image/upload/v1462326072/CTR_Budget_Media_Release_04.05.16_o6l2it.pdf 

 

MEDIA RELEASE: ‘Justice targets critical to ‘Closing the Gap’

Change the Record Coalition (CTR)

Change The Record Coalition“The ‘Close the Gap Campaign’s 2016 Progress and Priorities Report’ released today calls on government to develop justice targets to reduce the high rates of imprisonment and violence being experienced by Aboriginal and Torres Strait Islander communities.”

Change the Record Coalition Co-Chair Shane Duffy said, “These statistics are a sad indictment on our nation. The over-representation of our peoples in the criminal justice system, and high rates of violence being experienced, is both cause and effect for the poor state of health, education and employment outcomes of so many of our families and communities”.

“It is long past time for measurable justice targets to be adopted as part of the COAG Closing the Gap Strategy, and we welcome this renewed call for action from the Close the Gap Campaign. The safer communities ‘building block’ remains the only area without targets attached” said Mr Duffy.

https://changetherecord.org.au/blog/news/justice-targets-critical-to-close-the-gap

Media Release: Legal Services to continue in the Torres Strait Region and Northern Peninsula Area

Communities in the Torres Strait and Northern Peninsula Area (NPA) will have continued access to
legal services thanks to a renewed Memorandum of Understanding (MOU) between the Torres Strait
Regional Authority and Attorney-General’s Department.

 
Since 2011 the agencies have cooperated to fund the Aboriginal and Torres Strait Islander Legal
Service (ATSILS) (QLD) Ltd, to deliver Indigenous legal services in the Torres Strait and NPA region.
The Torres Strait Regional Authority (TSRA) Chairperson, Mr Joseph Elu, said the partnership is an
important step in ensuring quality legal assistance, advice and representation for Torres Strait
Islander and Aboriginal clients in the region.

 
“The renewed MOU between the TSRA and Attorney-General’s Department secures the funding for
Indigenous legal services in the Torres Strait and NPA until 2018,” Mr Elu said.

 
“The ATSILS receives funding each year from the TSRA to enable them to provide these services.”
The ATSILS works together with Torres Strait Islander and Aboriginal communities, key government
and non-government stakeholders to manage the delivery of services in a professional, culturally
competent and community-sensitive manner, to influence policy change, and to deliver high quality
legal services for Indigenous people within or exposed to the justice system.

 
“ATSILS staff in the region provides vital services in criminal, civil and family law and plays an
important role in delivering education programs to enhance individuals’ understanding of the legal
system,” Mr Elu said.

 
“The TSRA looks forward to its continued partnership with the Attorney-General’s Department and
ATSILS in delivering quality legal services in our region.”

 
Community members in the Torres Strait and NPA can contact ATSILS by calling 07 4069 1091
(Thursday Island office) or 07 4069 3970 (Bamaga office).

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MEDIA RELEASE: NATSILS welcomes Labor commitment to closing the justice gap

Today National Aboriginal and Torres Strait Islander Legal Services (NATSILS), the national peak body for Aboriginal and Torres Strait Islander Legal Services (ATSILS) has welcomed Labor’s commitment to addressing Aboriginal and Torres Strait Islander imprisonment rates and experiences of violence.

In a speech delivered at the University of Melbourne Law School, Labor Leader Mr Shorten, vowed to put an end to the “grievous national shame” of Aboriginal and Torres Strait Islander imprisonment and experiences of violence. The speech included a number of specific commitments including establishing justice targets through the Council of Australian Governments (COAG) under a Labor government.

NATSILS Chairperson Shane Duffy said, “A commitment to targets for addressing the “justice gap” means that governments will be accountable for their performance in this area. We simply must work together in a co-ordinated way to address this critical issue.”

“As Chairperson of NATSILS we were particularly pleased to hear Mr Shorten commit to the appropriate resourcing of Aboriginal and Torres Strait Islander community controlled legal services, including ATSILS and Family Violence Prevention Legal Services (FVPLS). These legal services are crucial to ensuring that vulnerable Aboriginal and Torres Strait Islander peoples, particularly women and children escaping family violence, are able to receive access to justice, Mr Duffy said.

“We also welcome Mr Shorten’s acknowledgement of the role that disability plays in the over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system. Recent research shows that Aboriginal and Torres Strait Islander people with mental illnesses and cognitive impairments experience a criminal, rather than a therapeutic response to their disabilities.”

“NATSILS will continue to work with Aboriginal and Torres Strait Islander communities, organisations and all levels of government to address the crisis of Aboriginal and Torres Strait Islander imprisonment and experiences of violence. We call on the Australian public to join us in demanding vital change and ask that all levels of government work with us to address this critical issue.”

Media Release:
http://www.natsils.org.au/portals/natsils/NATSILS%20welcomes%20Labor%20commitment%20to%20closing%20the%20justice%20gap%20FINAL.pdf?ver=2015-11-19-131301-867

 

MEDIA RELEASE: Momentum for change is building

Countless reports have highlighted that we are at risk of losing another generation of Aboriginal and Torres Strait Islander people to the justice system – but the momentum for change is building. The Change the Record Coalition today welcomed a commitment by Opposition Leader Bill Shorten MP to close the justice gap, and emphasised the need for all levels of government to work together to address this crisis.

In a speech to University of Melbourne Law School, Mr Shorten vowed to tackle the justice gap by investing in solutions driven by local communities. Mr Shorten said that the first meeting of the Council of Australian Governments (COAG) under a Labor Government would work with state and local governments, law enforcement agencies, corrections, community services and Aboriginal and Torres Strait Islander organisations and representative bodies to develop justice targets

Co-Chair Shane Duffy said, “We have long-argued that all governments working together through COAG to develop justice targets is critical to achieving change in this area, and so we welcome Labor’s commitment. Measurable targets aimed at reducing imprisonment rates, and the experience of violence, would provide an important accountability mechanism and drive co-ordinated action to address these issues.”

“Community-controlled organisations, including the Aboriginal and Torres Strait Islander Legal Services (ATSILS) and Family Violence Prevention Legal Services (FVPLS), play a unique and critical role in supporting Aboriginal and Torres Strait families and communities in a culturally safe environment. Mr Shorten’s acknowledgment of this is important, as is his commitment to ensure these services are adequately funded into the future” said Mr Duffy.
Read Full Media Release:
https://changetherecord.org.au/blog/news/momentum-for-change-is-building

MEDIA RELEASE: Australia Human Rights Review – Time to Change the Record

ATSILS Media Release In the early hours of Tuesday morning (local time) Australia’s human rights record will be examined before the UN’s Human Rights Council in Geneva as part of its second “Universal Periodic Review” (UPR). As the world turns its attention to Australia, the Aboriginal and Torres Strait Islander Legal Service (QLD) Ltd urges the Australian government to strengthen its commitment and action to address the nation’s unacceptable record of Aboriginal and Torres Strait Islander imprisonment.

ATSILS CEO, Shane Duffy said, “First Nations Australians are amongst the most vulnerable and disadvantaged groups in the country. Currently our people are being imprisoned at around 13 times the rate of non Indigenous Australians and year after year the gap continues to widen. It reached crisis point long ago and remains one of the biggest human rights challenges facing the country.”

Read Full Media Release
https://atsils.org.au/…/mediarelease_ATSILS_UPR_0911201…/