Recommendation 113

This recommendation is assigned to CSNSW.

Recommendation

That where non-custodial sentencing orders provide for a community work or development program as a condition of the order the authorities responsible for the program should ensure that the local Aboriginal community participates, if its members so choose, in the planning and implementation of the program. Further, that Aboriginal community organisations be encouraged to become participating agencies in such programs.

Context

The Royal Commission noted a need to maximise self-determination and self-management processes for Aboriginal people in relation to community based sentencing options and highlighted a submission which stated that the ‘system of corrective services…in Australia is just inappropriate for the needs for these communities and for these people’.   Recommendation 113 is directed at encouraging involvement of the local Aboriginal community in community work and development programs for Aboriginal offenders.

Detail of implementation

CSNSW community corrections partners with Aboriginal agencies across NSW to provide culturally sensitive support to Aboriginal offenders on supervision and allow Aboriginal offenders to complete their community service work hours at Aboriginal organisations. For example, Aboriginal offenders in Armidale can undertake community service work at the local Aboriginal Cultural Centre and Keeping Place. This partnership supports Aboriginal offenders with their cultural identity and prosocial supports, with the relationship maintained by the local gatekeeper and ACECO.

In addition, Community Corrections employs ACECOs who are based at offices to support Aboriginal offenders and provide expert cultural advice to Community Corrections staff as well as liaising with local Aboriginal communities.

• Community Corrections currently has 27 ACECOs
• Of the 27 ACECOs roles, 8 were added in 2021 – this is an increase of 42.1% since December 2020.
• 20 ACECOs roles are located in regional communities across NSW, while 7 work in the Sydney metropolitan area. 

Wilcannia is approximately 200km from the nearest Community Corrections office at Broken Hill. Due to this significant distance, Community Corrections Officers from Broken Hill regularly visit people in supervised orders from Wilcannia for supervision appointments, either at their homes or at a remote reporting centre, such as at the local courthouse. 

There is currently one agency that provides community service work opportunities for offenders in Wilcannia – Central Darling Shire Council. However, at 3 March 2022, there are no offenders in Wilcannia who have a community service work condition on their orders. 

Additional relevant information from Community Corrections Policy

Community service work

Matching offenders to community service work

The work undertaken by community service workers should be as meaningful as possible to the offender and of maximum benefit to the community. Aboriginal offenders should, if they prefer, be allocated work in Aboriginal agencies or communities. However, not all Aboriginal offenders wish to work in Aboriginal agencies.  

Programs 

The EQUIPS suite of programs

The EQUIPS suite is available both in custody and in the community. The suite was designed to be responsive to the needs of various offender groups, including Aboriginal, culturally and linguistically diverse, young adult, and female offenders. Referral of offenders in each of these groups is appropriate.

Culture

Culture, indigenous status, religion and language

Culture, Aboriginality, religion and language can be important responsivity factors to consider when working with offenders. Aboriginal offenders in particular have high rates of incarceration and involvement with the criminal justice system compared to non-Aboriginal offenders. Community Corrections Officers (CCOs) must be particularly cognisant of this when undertaking their work. 

Identifying culture, indigenous status and religious needs

Cultural identity / indigenous status is defined by the individual. That is, an offender’s cultural / indigenous status is whatever they say they identify with, irrespective of their ancestry, or the status of their parents or extended family. 

The cultural needs of all offenders must be considered on a case-by-case basis. The CCO must avoid making assumptions about what an offender’s cultural identity means to them, and where possible seek the offender’s perspective. CCOs must also avoid making assumptions based on the offender’s presentation, skin colour, background, family or language. 

Religious needs are also defined by the individual. Although religion and culture can overlap, they are not the same. Both can provide a strong external influence over how an individual thinks and behaves. 

Religion is founded more in spiritual beliefs and scripture, where culture is tied more to ancestry, family and social structure and tradition. It is possibly for an individual to have a religion that is different from their culture (e.g. a Chinese Christian). 

Working with cultural and religious issues

Many offenders may have no strong religious or cultural connections, even if they have been raised with them. For those that do, they can be very important. 

Being aware of cultural and religious identity can have a significant impact in how well an offender engages with a CCO. They can also be used to help reinforce prosocial influences, such as involvement in community groups or a church. Failing to consider these factors may create resistance or noncompliance if the offender feels uncomfortable, disrespected or disempowered. 

The following are areas that can often be influenced by culture and religion: 

• family and kinship obligations 
• gender roles at home or in the community 
• community structure and roles  
• attitudes to authority and / or ‘white’ culture 
• relevance of local community or family in day-to-day life 
• experiences of discrimination or disempowerment as a group or individual 
• history of trauma / victimisation  
• connection to a particular region 
• presentation and style of communication in interview. 

In some circumstances an offender may place blame on their cultural or religious beliefs for aspects of their offending behaviour. For example, attitudes towards women, or towards authority. CCOs must be careful that they challenge poor behaviour and unhelpful thinking rather than the cultural identity itself. 

Client Services Officers

Community Corrections employs Aboriginal, Arabic, Vietnamese and Pacific Islander Client Service Officers to provide advice and support to CCOs regarding culturally appropriate offender management. Client Service Officers also work on community engagement and can be a good source of information about how the offender fits within the community, and how best to engage with other supports. CCOs should particularly utilise the advice of the Client Service Officer (where available) when formulating case plans and undertaking assessment. 

The majority of Client Service Officer positions are Aboriginal, due to the high representation of Aboriginal offenders in the justice system.