A Custody Notification Service (CNS), sometimes referred to as a Custody Notification Scheme, is a 24-hour legal advice and support telephone hotline for any Indigenous Australian person brought into custody, connecting them with lawyers from the Aboriginal legal service operating in their state or territory. It is intended to reduce the high number of Aboriginal deaths in custody by counteracting the effects of institutional racism. Legislation mandating the police to inform the legal service whenever an Aboriginal or Torres Strait Islander person is brought into custody is seen as essential to ensure compliance and a clear record of events. Where Custody Notification Services have been implemented, there have been reductions in the numbers of Aboriginal deaths in custody.
The implementation of a CNS in all Australian states and territories was recommendation no. 224 of the 339 recommendations of the 1991 Australian Royal Commission into Aboriginal Deaths in Custody report, but by 2018, only the Australian Capital Territory and New South Wales had such a service mandated by legislation. Many of the other states have followed, since the offer of three years of funding by the federal government in October 2016. As of July 2020 [update] , only Queensland and Tasmania do not have a legislated CNS in place.
The implementation of a CNS in all Australian states and territories was recommendation 224 [1] of the 339 recommendations of the 1991 Australian Royal Commission into Aboriginal Deaths in Custody (RCIADIC), which had investigated 99 Aboriginal deaths in custody in the previous 10 years after community concerns were raised. [2] [3]
Most states and territories did not comply with the CNS recommendation for decades. About 340 Aboriginal people died in custody between the recommendation being made in 1991 and 2015. [4] Between 1991 and 2019, over 400 Aboriginal people have died in custody. [5]
In October 2016, the then federal Minister for Indigenous Affairs, Nigel Scullion, said that federal funding would be provided for the first three years of a CNS service after a state had introduced the necessary legislation. [6] [7] [8] In October 2017, the federal government again urged states and territories to implement a CNS. [9]
The Attorney-General for Australia commissioned the Australian Law Reform Commission (ALRC) in October 2016 to examine the factors leading to the disproportionate numbers of Aboriginal and Torres Strait Islander peoples in Australian prisons, and to look at ways of reforming legislation which might ameliorate this "national tragedy". The result of this in-depth enquiry was a report titled Pathways to Justice – Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples, which was received by the Attorney-General in December 2017 and tabled in Parliament on 28 March 2018. [10] The report listed 13 recommendations, covering many aspects of the legal framework and police and justice procedures, including: [11] [12]
Recommendation 14–3: Commonwealth, state and territory governments should introduce a statutory requirement for police to contact an Aboriginal and Torres Strait Islander legal service, or equivalent service, as soon as possible after an Aboriginal and Torres Strait Islander person is detained in custody for any reason—including for protective reasons. A maximum period within which the notification must occur should be prescribed. [13]
As of July 2020 [update] , Queensland and Tasmania had not yet introduced a legislated CNS.
The CNS serving the Australian Capital Territory (ACT) and New South Wales (NSW) was established in 2000, [14] allowing access to a lawyer through the Aboriginal Legal Service. It is mandated under NSW law (cl. 37 of the Law Enforcement (Powers and Responsibilities) Regulation 2016) that officers must inform the CNS, but not in ACT. [15] The service has been successful and has since been cited as a model. [5] In 2016, one Aboriginal person died in custody in NSW; this was the first time an Aboriginal person had died in custody in NSW or the ACT since the CNSs were implemented. [9] [5] Police failed to notify the CNS, rather than there being any problem with the service itself. [9] [16] this was the first time an Aboriginal person had died in custody in NSW or the ACT since the CNSs were implemented. [9] [5] Police failed to notify the CNS when the law did not mandate it for the case in question, rather than there being any problem with the service itself. [9] [16] When 36-year-old Rebecca Maher was taken into protective custody by police for being intoxicated, under the provisions of Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002, police were only obliged to call the CNS if an Indigenous person was taken into custody for an offence, not if they were detained as an intoxicated person under this Act. As a result of the coronial inquest into her death, in October 2019 the NSW government implemented a change to extend the CNS to cover police custody of intoxicated persons. [17]
In 2018, the Northern Territory agreed to implement a CNS. [18] The system attracted criticism for exempting protective custody and paperless arrests; for such arrests, police are not required to notify the CNS. There had previously been deaths in NT following exempted types of arrests. There are reports that the CNS legislation was substantially drafted by the police. [5] Since January 2019, the CNS has been operated by the North Australian Aboriginal Justice Agency (NAAJA), with three years of funding from the federal government. [19]
In May 2016, a report recommended that Western Australia stop jailing people for unpaid fines. The report mentioned the death of Ms Dhu. The report was authored by Neil Morgan, Inspector of Custodial Services. [20] The Western Australian government rejected the federal government's offer. [6] In March 2017, Dhu's family criticised both the major political parties in Western Australia for not supporting such a scheme. The incumbent Liberal Party voiced their opposition to the program, while the Labor Party said they would consider the scheme though had made no commitments. [16]
Attorney-General of Western Australia, John Quigley, supported such a program, saying "I think it [is] life-saving legislation. I'm sure if they took the late Ms Dhu into custody ... if the Aboriginal Legal Service [had] been contacted on day one it would have been a very different outcome". An online petition calling for the scheme was signed by almost 20,000 people in less than one week. [9]
On 21 May 2018, it was announced that the WA state government had reconsidered the offer from the federal government to fund a CNS, and that the service would be operational by the end of the year. The Aboriginal Legal Service of Western Australia would operate the service. [21] [22] [23] Funding negotiations held up the establishment of the service. [18] In November 2018 it was announced the service would be operational in the first half of 2019. The service would cost $952,000 per year, with the Federal Government and State Government contributing $750,000 and $202,000 respectively. ALSWA would employ five lawyers and two support staff to run the service. [24] The ALSWA commenced its CNS service on 2 October 2019. Under the Police Force Amendment Regulations 2019 (WA), Western Australia Police will be required to phone the CNS every time an Aboriginal person, child or adult, is detained in a police facility, regardless of the reason. [25]
Victoria had some non-legislative CNS-like requirements in Victoria Police Manual’s instruction 113-1, [5] with notifications are known as E* Justice Notifications. [26] In 2018 a proposed law was being reviewed by the Victorian legislature. [18]
On 13 June 2020 it was announced that the federal government would fund the Victorian Aboriginal Legal Service (VALS), which already provided an informal version, to deliver an expanded CNS service, after the Parliament of Victoria had passed new legislation. $2.1 million would be provided over three years to establish the service. [27]
On 1 July 2020, the Attorney-General of South Australia, Vickie Chapman, announced that the state government would implement a formal CNS, after Aboriginal Affairs Labor spokesperson Kyam Maher had written to Premier Steven Marshall in June saying that he would introduce a Bill to parliament to legally mandate the service. [7] This would legally require SAPOL to notify the Aboriginal Legal Rights Movement (ALRM) when an Aboriginal person enters custody. This had been done informally for some time, but the legal requirement would "help to ensure Aboriginal people receive culturally appropriate well-being support and basic legal advice as soon as possible after being taken into custody". Mandating the measure would also mean that if an officer refuses or fails to comply, they "may be subject to disciplinary proceedings" [28] under the Police Complaints and Discipline Act 2016. [7] [29] The move was welcomed by ALRM, which had been lobbying for it for years. [8] The Summary Offences (Custody Notification Service) Variation Regulations 2020 was gazetted on 2 July 2020. [30]
The Stolen Generations were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian federal and state government agencies and church missions, under acts of their respective parliaments. The removals of those referred to as "half-caste" children were conducted in the period between approximately 1905 and 1967, although in some places mixed-race children were still being taken into the 1970s.
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land.
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1987–1991), also known as the Muirhead Commission, was a Royal Commission appointed by the Australian Government in October 1987 to study and report upon the underlying social, cultural and legal issues behind the deaths in custody of Aboriginal and Torres Strait Islander people, in the light of the high level of such deaths in the 1980s.
Reconciliation Australia is a non-government, not-for-profit foundation established in January 2001 to promote a continuing national focus for reconciliation between Indigenous and non-Indigenous Australians. It was established by the Council for Aboriginal Reconciliation (CAR) and subsequently superseded that body in 2001. It organises National Reconciliation Week each year.
Aboriginal deaths in custody is a political and social issue in Australia. It rose in prominence in the early 1980s, with Aboriginal activists campaigning following the death of 16-year-old John Peter Pat in 1983. Subsequent deaths in custody, considered suspicious by families of the deceased, culminated in the 1987 Royal Commission into Aboriginal Deaths in Custody (RCIADIC).
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Indigenous Australian self-determination, also known as Aboriginal Australian self-determination, is the power relating to self-governance by Aboriginal and Torres Strait Islander peoples in Australia. It is the right of Aboriginal and Torres Strait Islander peoples to determine their own political status and pursue their own economic, social and cultural interests. Self-determination asserts that Aboriginal and Torres Strait Islander peoples should direct and implement Aboriginal and Torres Strait Islander policy formulation and provision of services. Self-determination encompasses both Aboriginal land rights and self-governance, and may also be supported by a treaty between a government and an Indigenous group in Australia.
Indigenous Australians are people with familial heritage to groups that lived in Australia before British colonisation. They include the Aboriginal and Torres Strait Islander peoples of Australia. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common.
An Australian Aboriginal sacred site is a place deemed significant and meaningful by Aboriginal Australians based on their beliefs. It may include any feature in the landscape, and in coastal areas, these may lie underwater. The site's status is derived from an association with some aspect of social and cultural tradition, which is related to ancestral beings, collectively known as Dreamtime, who created both physical and social aspects of the world. The site may have its access restricted based on gender, clan or other Aboriginal grouping, or other factors.
A community legal centre (CLC) is the Australian term for an independent not-for-profit organisation providing legal aid services, that is, provision of assistance to people who are unable to afford legal representation and access to the court system. They provide legal advice and traditional casework for free, primarily funded by federal, state and local government. Working with clients who are mostly the most disadvantaged and vulnerable people in Australian society, they also work with other agencies to address related problems, including financial, social and health issues. Their functions may include campaigning for law reform and developing community education programs.
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Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
The Aboriginal Legal Service of Western Australia (ALSWA) is an organisation in Western Australia, founded in the early 1970s, that provides legal services to Aboriginal Australians and Torres Strait Islanders. It receives financial grants from the Commonwealth Department of the Australian Attorney General and follows conditions required by that Department. It commenced its Custody Notification Service on 2 October 2019.
The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians and Torres Strait Islanders and based in the inner-Sydney suburb of Redfern. It now has branches across NSW and ACT, with its head office in Castlereagh Street, Sydney and a branch office in Regent Street, Redfern.
Gerry Georgatos, born in 1962, is a university researcher and academic and a social justice and human rights campaigner, who has campaigned for prison reform, as well as championing the rights of the impoverished and marginalised and the homeless.
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Julieka Ivanna Dhu was a 22-year-old Australian Aboriginal woman who died in police custody in South Hedland, Western Australia, in 2014. On 2 August that year, police responded to a report that Dhu's partner had violated an apprehended violence order. Upon arriving at their address, the officers arrested both Dhu and her partner after realising there was also an outstanding arrest warrant for unpaid fines against Dhu. She was detained in police custody in South Hedland and was ordered to serve four days in custody in default of her debt.
The First Nations Deaths In Custody Watch Committee was first registered on 7 January 2015, but its first annual report under that name was for 2017. It is the successor to the Deaths In Custody Watch Committee (WA), which was a social justice organisation operating from Perth, Western Australia from 1996 until it underwent a constitutional change early 2017. It is a Public Benevolent Institution whose main concern is Aboriginal Australian deaths in custody.
The Aboriginal Legal Rights Movement (ALRM) is an ATSILS in South Australia, providing pro bono legal services to Aboriginal and Torres Strait Islander peoples in the state. Its headquarters are in Adelaide, with branch offices in Ceduna, Port Augusta and Port Lincoln. It an independent organisation governed by a board of all Aboriginal Australians, which also acts as a lobby group to advocate for justice for Aboriginal people as well as providing programs which aim to address issues which raise the likelihood of Aboriginal people encountering the criminal justice system.