Australian Indigenous Law Reporter
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The Local Justice Initiatives Program (LJIP) is a program of the Office of Aboriginal and Torres Strait Islander Affairs in the Department of Families, Youth and Community Care, Queensland.
The Program was developed as part of the Queensland Government's response to the recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The Program aims to provide support to Aboriginal and Torres Strait Islander communities to develop community-based strategies to address law and order issues, including the reduction of crime in their communities and to increase Indigenous participation in justice processes. The overriding aim is to reduce the gross over-representation of Aboriginal and Torres Strait Islander people in contact with the criminal justice system.
The Program is an expansion of the concept of Community Justice Groups piloted in Palm Island, Kowanyama and Pormpuraaw. These Justice Groups have responsibility for community corrections functions as well as addressing other law and justice issues in their communities. The LJIP provides flexibility in the scope and structure of local justice initiatives, which are community determined, and encourages the development of broad strategies that encompass prevention, diversionary and early intervention initiatives in line with the recommendations of the RCIADIC.
The LJIP is based on community development and planning processes and will have the greatest prospect for success with Government support at the Regional level. The Regional Offices of OATSIA will play a key role in delivery of the LJIP, including working with communities to develop local justice initiatives, administering grants, and facilitating the establishment of linkages between community groups and relevant justice agents.
The Program is currently being implemented by the Office of Aboriginal and Torres Strait Islander Affairs throughout Queensland. Part I - Program Description and sections 3.2, 3.3, 3.4 and 6.3 of Part II - Funding Guidelines are reproduced below.
1.1 Introduction
The Local Justice Initiatives Program forms an important part of the Queensland Government's response to the recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The Program recognises that historical and contemporary factors, including social and economic factors, contribute to the gross over-representation of Aboriginal and Torres Strait Islander Queenslanders in the State criminal justice system.
The Program provides funds to Aboriginal and Torres Strait Islander communities and organisations to develop strategies within their communities for dealing with justice issues and to decrease Aboriginal and Torres Strait Islander peoples' contact with the criminal justice system. The Program is intended to be flexible, to enable communities to develop initiatives to meet their particular needs. Initiatives might include, but are not limited to, the establishment of community justice groups.
1.2 Objectives
The Program objectives are to:
(a) increase Aboriginal and Torres Strait Islander communities' knowledge and skills related to the justice system;
(b) improve links between Aboriginal and Torres Strait Islander communities and statutory workers, police, courts and other parts of the justice system, including juvenile justice;
(c) assist communities to develop community-based diversionary and interventionist strategies that, in co-operation with State agencies, prevent and/or provide alternatives to arrest and custody;
(d) provide opportunities for Aboriginal and Torres Strait Islander input and participation in the rehabilitation of offenders;
(e) sensitise the justice system to the needs and cultural values of Aboriginal and Torres Strait Islander peoples; and
(f) generate appropriate changes to the criminal justice system through Program-funded community initiatives and through its links with the Aboriginal Justice Advisory Committee (AJAC) appointed to advise the Attorney-General.
The Local Justice Initiatives Program requires a joint effort between Aboriginal and Torres Strait Islander communities and key justice agents in Queensland to reach its objectives. The Program is administered by the Office of Aboriginal and Torres Strait Islander Affairs (OATSIA), as the lead agency in Indigenous affairs within the Queensland Government, and is assisted by a Program Steering Committee.
The Steering Committee is comprised of representatives of relevant Government Departments and key Indigenous bodies:
' Department of Justice;
' Queensland Police Service;
' Queensland Corrective Services Commission;
' Aboriginal and Torres Strait Islander Commission (ATSIC);
' Aboriginal Justice Advisory Committee (AJAC); and
' Aboriginal and Torres Strait Islander Overview Committee.
OATSIA Regional Offices will assist Aboriginal and Torres Strait Islander organisations and communities to develop proposals under the Program and will facilitate and co-ordinate the active involvement of other agencies, as required, in the development and implementation of local justice initiatives.
The Local Justice Initiatives Program provides an opportunity for members of Aboriginal and Torres Strait Islander communities throughout Queensland to work co-operatively with statutory workers (e.g. child protection workers) and agents of the justice system at a local level. The Program will also complement other Aboriginal and Torres Strait Islander justice initiatives such as Justices of the Peace (Magistrates Court) training, Community Council by-laws, Community Police and Courts, Aboriginal Mediation Project and community corrections.
2.1 Needs of Aboriginal and Torres Strait Islander Peoples
Aboriginal and Torres Strait Islander peoples and communities in Queensland are faced with the legacy of a history of dispossession, dispersal and disadvantage. Many communities in Queensland are made up of groups relocated from different parts of the State and, consequently, are a complex web of diverse cultural and social values, beliefs and relationships.
In addition, many Aboriginal and Torres Strait Islander peoples in many communities (urban, rural and remote) throughout the State suffer from a history of social and economic disadvantage, inadequate provision of essential services and culturally inappropriate systems.
These historical and contemporary social and economic circumstances, as well as cultural differences, have caused major problems of social control in many Aboriginal and Torres Strait Islander communities as demonstrated by the disproportionate over-representation of Aboriginal and Torres Strait Islander peoples in contact with the police, watchhouses, courts, juvenile detention centres and prisons.
Broad support for significant community control in the development and implementation of local justice initiatives has been confirmed by the Aboriginal and Torres Strait Islander Overview Committee and by consultation with a number of communities undertaken in the early stages of the Program's development.
2.2 Findings of the Royal Commission into Aboriginal Deaths in Custody
The RCIADIC found 'an examination of the lives of the ninety-nine [deaths in custody] shows that facts associated in every case with their Aboriginality played a significant and in most cases dominant role in their being in custody and dying in custody.'
The Commissioners found that many Indigenous peoples were victims of entrenched racism and discrimination; too many were in custody too often (29 times more than the general community); and that arrest rates for Indigenous peoples were also significantly higher - particularly for women. In Queensland, Indigenous women were arrested at a rate 59 times higher than that of non-indigenous women. Indigenous men were arrested at a rate 13 times higher than that of non-indigenous men.
The Australian Institute of Criminology reported in mid 1995 that Indigenous peoples continue to be over-represented in custody. Queensland Indigenous juveniles are 28.5 times more likely to be in juvenile corrective institutions than non-indigenous juveniles. Indigenous adults are 11.6 times more likely to be in prison and 13.3 times more likely to be in police custody than non-indigenous people. The RCIADIC recommendations relevant to the development of community-based justice initiatives and community input into the criminal justice process include Recommendations 2, 87, 88, 92, 104, 114, 116, 187, 214, 215, 220, 221 and 223. These Recommendations appear in Part III.
The Local Justice Initiatives Program will increase the ability of communities to deal with behaviour likely to cause encounters with the criminal justice system. It will enable communities to extend traditional and culturally appropriate approaches to dealing with justice related issues by generating innovative solutions using community development processes. In addition, the Program will provide opportunities for Aboriginal and Torres Strait Islander communities to influence the criminal justice system in the development and application of appropriate and effective policies and practices (for example, in the development of community-based alternatives to arrest and custody in conjunction with the relevant agents).
The Program provides funding support for the establishment and operation of a range of community initiatives designed to deal with local issues as appropriate for particular communities. Eligible activities are outlined in Part II, Section 3.3 and include community development planning to help work out what action a community wishes to take. It is expected that the establishment of community justice groups will be a common approach. However, the Program is not limited to community justice groups.
A community might establish local justice initiatives to help it:
(a) deal more effectively with problems of crime and social control;
(b) identify social and justice issues in a community and refer them to appropriate Government agencies;
(c) address issues of law and order in line with community customs, laws and justice and State criminal justice systems;
(d) initiate activities which enhance crime prevention and community safety;
(e) co-ordinate justice initiatives such as mediation, mediation training and training of Justices of the Peace in a community;
(f) develop appropriate community by-laws focusing on justice issues;
(g) develop protocols between a community and agencies such as the Queensland Corrective Services Commission, Queensland Police Service and Community Police, relevant Divisions within the Department of Families, Youth and Community Care, and the courts;
(h) advise and provide recommendations to Government Departments on diversion and intervention activities and justice matters;
(i) consult and negotiate with magistrates and judges about rehabilitative sentencing considered appropriate by both the community and the courts for offenders within the community;
(j) gain advice and assistance through relevant organisations in setting up programs, obtaining financial support and supervising offenders;
(k) provide avenues for consultation with a community about justice issues and education; and
(l) develop networking procedures to establish effective liaison and sharing of information with other local justice initiatives and communities.
This Section discusses ways in which some of the possible initiatives under the Program might work.
4.1 Local responses to justice issues
While there are a range of options available to communities in the development of their local justice initiatives, communities will choose and develop those options most appropriate to their needs and most supported in their community. Strategies or initiatives adopted by communities will be locally derived and therefore different.
Community action on specific local issues, and community-based responses to crime, will mean communities are better able to divert potential offenders from entering the criminal justice system. In addition, communities will be better placed to undertake a role in influencing an offenders interaction with the system. Consequently, if a community member behaves offensively or breaks the law, an appropriate response may be negotiated between local statutory workers or agents of the justice system and the community.
Importantly, this could also support the transmission of cultural practices associated with correct behaviour and law where appropriate. Community-based initiatives, developed with the support of the community, will enable local Aboriginal and Torres Strait Islander communities to maintain culturally appropriate social regulation and standards of acceptable behaviour.
Table 1. Some examples of areas where communities might take action.
Possible areas for community action on justice-related issues:
' Child Abuse / Child Protection
' School Absenteeism
' Domestic / Family Violence
' Youth Issues
' Alcohol Abuse
' Drug Abuse
' Community / Neighbourhood Disputes
Any initiatives developed will need to fall within the confines of the existing State systems. In particular, it should be noted that justice groups have no statutory authority. The source of authority for the group is based on the collective and personal authority of group members deriving from their place within their community. Consequently, justice groups have no direct responsibility under the Program for punishing misbehaviour or criminal offenders. While it may be desirable in certain instances for matters of conflict and wrong doing to come before a justice group, community members cannot be compelled to appear before a justice group. All persons have the right to have cases heard and determined through State systems.
Responses to law and order problems suggested by justice groups are essentially a means to bring forward Aboriginal and Torres Strait Islander communities' views and advice which may be incorporated into State systems, where appropriate, to make them more responsive to Aboriginal and Torres Strait Islander peoples' needs.
4.2 Co-ordination of government and local justice initiatives
Significant potential exists for a co-operative and workable relationship between community justice groups and the State justice system. Community justice groups or other local justice initiatives could act to achieve better and more effective co-ordination on justice-related issues between community groups and organisations and relevant Government agencies and officers. For example, work might be undertaken to improve links between the community and statutory workers, police, courts and other areas of the criminal justice system, including juvenile justice. In addition, communities and organisations could initiate or actively participate in appropriate regional forums, involving communities and/or different levels of Government, established to deal with justice issues.
Another option would be to co-ordinate community-based justice initiatives such as mediation, mediation training and training of Justices of the Peace.
4.3 Community interaction with members of the criminal justice system
While the operations and activities of community justice initiatives will be determined at the local level, in co-operation with key justice agents, it is likely that community justice initiatives will take a twofold approach to the justice system - advisory and/or direct participation. In their advisory capacity, groups could provide information to statutory workers, police, courts and corrections.
Options under the Program include community justice groups and/or workers consulting and negotiating with police in non-criminal matters, providing or contributing to pre-sentence reports and to case management (child protection) reports, and suggesting options for sentencing to magistrates and judges in an endeavour to achieve outcomes considered appropriate by both the community and the court for offenders within the community. However, it should be noted that in relation to people under 17 years of age, it is important to consider how proposals will relate to the Juvenile Justice Act 1992. A wide range of local justice initiatives targeting juvenile offenders can be accommodated within the provisions of this Act.
More broadly, justice groups could be involved at the pre-court, during-court and post-court stages of the justice process. Where appropriate (e.g. victimless and minor offences), police may exercise a caution or may refer an offender who has openly admitted guilt to a respected person in the community rather than to the court system. An offender may then be dealt with using culturally appropriate strategies in, for example, mediation and dispute resolution, which may be better understood by the offender and therefore reduce the likelihood of recidivism. Similarly, justice groups could be in a strong position to capitalise on opportunities during the court process to influence pre-sentence reports and sentencing. Post-court, justice groups could be used to support and supervise community service or probation orders or, alternatively, a court may refer an offender to a justice group for dispute resolution purposes.
Direct participation in the justice system by local justice groups may include establishing or maintaining social order, the settling of disputes, responding to offences (both adult and juvenile) or other initiatives developed by the community.
In addition, considerable scope exists for police (or in fact the community itself) to refer community/individual disputes to justice groups for resolution through mediation and alternative dispute resolution, thereby deterring offending behaviour and subsequently diverting persons away from the courts.
Table 2 illustrates the range of possible opportunities for intervening at various points in the justice cycle to prevent offending behaviour, to divert offenders from arrest or custody, or to influence the way the justice system deals with offenders.
Table 2. Some opportunities for Local Justice Diversionary and Interventionist Actions Targeting Both Adult and Juvenile Offenders.
4.4 Consultation and negotiation
Community justice groups will be one avenue for providing information to the Aboriginal Justice Advisory Committee (AJAC) on the views of Aboriginal and Torres Strait Islander peoples on criminal justice matters. An important option under the Program is the development of community-based consultation and negotiation processes by which changes are proposed to the criminal justice system, either through the AJAC or through justice agents participating in specific local justice initiatives. Such processes could enhance community input into justice issues generally.
4.5 Networking within and between communities
It is desirable that community justice workers and/or groups develop networks of mutual support with community justice workers in other communities and actively seek solutions to community law and order and justice issues.
4.6 Community education
Justice groups may choose to organise community education workshops to increase community awareness of the law (both contemporary and traditional) for school aged children and other members of the community. Topics might include family and community violence laws, Justices of the Peace training, mediation (crime reparation and family conferencing), by-laws, and general legal education (particularly Commonwealth and State criminal justice systems).
5.1 General
The Local Justice Initiatives Program is for Aboriginal or Torres Strait Islander communities (remote, rural and urban) that want and are able to establish justice groups or other justice initiatives appropriate to the needs of their community. It is important that extensive community discussion occurs to identify issues the community wants addressed and also to gain support for the development of initiatives.
Under the Local Justice Initiatives Program, organisations/groups eligible to receive funding (subject to consideration of specific applications) may include:
(a) justice groups established through broad community consultation and with a community directive to deal with justice issues, and supported by the relevant Aboriginal or Torres Strait Island Community Council;
(b) existing justice groups such as the Palm Island, Kowanyama and Pormpuraaw justice groups;
(c) community organisations involved in community justice issues; and
(d) community organisations acting as a sponsoring agent for a justice group or other justice initiatives or formed specifically to work with this Program.
5.2 Eligibility criteria
The eligibility criteria for applicants include requirements that:
(a) the applicant group and its proposal has a significant degree of acceptance in the community;
(b) the applicant has (or has access to) the expertise to manage and develop the project; and
(c) the applicant has (or has access to) the financial management skills to administer the grant.
More details on specific eligibility criteria are contained in Part II, Section 3.
6.1 Application
The applicant group does the groundwork of developing the project proposal and preparing the application. A copy of the grant application form is at Part IV. Officers from the Regional Office of the Office of Aboriginal and Torres Strait Islander Affairs are available to assist in this process. The application is lodged with the Office of Aboriginal and Torres Strait Islander Affairs Regional Office (see addresses at Part II, Section 6.4).
6.2 Assessment by the Office of Aboriginal and Torres Strait Islander Affairs
The Office of Aboriginal and Torres Strait Islander Affairs will seek comment from key justice agencies when assessing applications. As there are limited funds available under the program, competing applications will be assessed to determine which projects will be funded. Assessment criteria will include:
(a) whether the applicant group meets the eligibility criteria (see Part II, Section 3.1);
(b) whether the proposed project meets the objectives of the Program (see Part I, Section 1.2);
(c) whether grant conditions have been met and project outcomes have been achieved for funding in previous years; and
(d) whether there is a demonstrated need for the project and its potential for a positive impact.
Refer to Part II (Local Justice Initiatives Program Funding Guidelines) for more information.
6.3 Ongoing funding of projects
The Local Justice Initiatives Program has an annual budget of $600,000. Where applicable, funding to successful organisations will be provided on a recurrent basis subject to compliance with grant conditions, demonstrated outcomes and the submission of annual applications.
The Office of Aboriginal and Torres Strait Islander Affairs has primary responsibility for administration of the Local Justice Initiatives Program. Regional Offices of the Office of Aboriginal and Torres Strait Islander Affairs will play a key role in the Local Justice Initiatives Program process by:
(a) providing relevant information to interested communities and organisations;
(b) assisting communities to develop Local Justice Initiatives Program proposals, including the facilitation of community discussion on the issue;
(c) assisting grant recipients with planning activities, where requested;
(d) assisting communities with liaison and communication with relevant external parties such as government agencies, local police and magistrates and other community organisations;
(e) assessing grant applications, drawing up service agreements, monitoring expenditure and acquittal of grant funds; and
(f) co-ordinating and liaising with other Government agencies as required.
See also Part II, Section 2.1 'Departmental Responsibilities'.
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3.2 Eligible initiatives
Under the Program, the Department will support justice initiatives, including community justice groups, established through broad community consultation and with a community direction to deal with justice issues (including existing justice groups) which meet with the Program objectives.
3.3 Eligible activities
Eligible activities under the Local Justice Initiatives Program may include:
' employment of a consultant/facilitator/community justice worker to establish local justice initiatives;
' part or full-time administration/co-ordination for community justice groups;
' relevant training not available under general community programs or other specific programs;
' networking activities related to establishing and maintaining information sharing with and support to other local justice initiatives or groups in other geographic locations; and
' limited financial support to establish and maintain an office for a local justice initiatives group.
3.4 Principles for assessment of applicants
In making recommendations to the Minister for Families, Youth and Community Care, OATSIA will apply the following criteria:
(a) Do the aims of the initiative (including a community justice group) address the principal objectives of the Local Justice Initiatives Program?
(b) Will the initiative be locally managed and sensitive to the community in which it is located?
(c) Will the initiative extend knowledge and create a wider understanding of local justice issues?
(d) Is there evidence of community interest and local support for the initiative?
(e) Has the applicant, where applicable, satisfactorily acquitted previous Queensland Government grants?
(f) Is there evidence of adequate planning?
(g) Does the applicant have (or have access to) the necessary expertise to successfully carry out the activities of the initiative?
(h) Does the applicant have (or have access to) the necessary financial skills to properly administer the grant?
(i) Are community resources (e.g. meeting room, office space and equipment, motor vehicle) available for use for the local justice initiative?
(j) If a consultant/facilitator is appointed, is s/he acceptable to the community?
(k) Does the consultant/facilitator possess the skills and local knowledge required to develop and gain acceptance of a local justice group, including the development of its rules, aims and procedures?
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6.3 Evaluation and review
Evaluation
The Program evaluation will focus on the following:
(a) information exchange on operational aspects of the various projects;
(b) annual conference involving the community justice groups, police, courts, corrections, and relevant Indigenous organisations; and
(c) formal evaluation by outside consultant.
Review
The Steering Committee will negotiate and develop performance indicators to be applied in the annual review of the Program.
Indicators would include the following:
(a) number of communities involved or initiatives successfully established;
(b) number of communities or initiatives directly benefiting from the program including the identification of statistics illustrating the reduction in arrests and court appearances;
(c) reported community response to the formation of local justice groups or initiatives;
(d) reports on the Program from participating Departments and community organisations; and
(e) number of initiatives developed by local justice groups.
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A copy of the report can be obtained from the Policy Officer, Law, Justice and
Culture Section, Office of Aboriginal and Torres
Strait Islander Affairs, GPO
Box 806, Brisbane, Qld 2001 or by telephone on
(07) 3224 7995 or facsimile
(07) 3404 3572.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/1996/86.html