Recommendation 188

This recommendation is assigned to CSNSW.

Recommendation

That governments negotiate with appropriate Aboriginal organisations and communities to determine guidelines as to the procedures and processes which should be followed to ensure that the self-determination principle is applied in the design and implementation of any policy or program or the substantial modification of any policy or program which will particularly affect Aboriginal people.

Context

The Royal Commission acknowledged that there is little agreement from those administering Aboriginal affairs or involved in programs about the definition of self-determination and as such there was no consensus as to which processes should be adopted.  Recommendation 188 is directed at establishing formal processes for self-determination to enable it to be applied in the design and implementation of policies and programs that affect Aboriginal people. 

Detail of implementation

The Department of Communities and Justice (DCJ) Aboriginal Cultural Capability Framework (ACCF) provides a road map to support staff and DCJ as an organisation to build cultural capability to deliver better outcomes for Aboriginal families.

It addresses the need for improved cultural capability and cultural safety in DCJ where up to 40% of our clients are Aboriginal people. The work covered by the framework should result in DCJ becoming a more culturally capable and safe place for Aboriginal people including Aboriginal staff in DCJ.

Aboriginal staff, experts, elders, families, carers, community organisations, peak bodies and government and non-government agencies worked with DCJ over a six month stakeholder engagement process to develop the framework. 

The framework is built on the foundation of the following key principles identified in the stakeholder engagement process:

1. Respect for the central value of culture and family for Aboriginal people.
2. Self-determination and empowerment of Aboriginal people
3. Cultural safety of Aboriginal people in an environment free of racism, harassment and lateral violence.
4. Relationships between Aboriginal and non-Aboriginal people are built on trust.
5. Aboriginal people are heard and respected for their cultural strengths.
6. Collaboration is an equal partnership between Aboriginal people and government.

Closing The Gap (CTG)

Closing the Gap acknowledges the ongoing strength and resilience of Aboriginal and Torres Strait Islander people in sustaining the world’s oldest living cultures.

Closing the Gap is underpinned by the belief that when Aboriginal and Torres Strait Islander people have a genuine say in the design and delivery of policies, programs and services that affect them, better life outcomes are achieved. It also recognises that structural change in the way governments work with Aboriginal and Torres Strait Islander people is needed to close the gap.

All Australian governments are working with Aboriginal and Torres Strait Islander people, their communities, organisations and businesses to implement the new National Agreement on Closing the Gap at the national, state and territory, and local levels.

This is an unprecedented shift in the way governments have previously worked to close the gap. It acknowledges that to close the gap, Aboriginal and Torres Strait Islander people must determine, drive and own the desired outcomes, alongside all governments.

This new way of working requires governments to build on the strong foundations Aboriginal and Torres Strait Islander people have, through their deep connection to family, community and culture.

Implementation Plans have been developed and delivered by each party to the National Agreement, in partnership with Aboriginal and Torres Strait Islander partners. They set out how policies and programs are aligned to the National Agreement and what actions will be taken to achieve the Priority Reforms and outcomes.

CSNSW and CTG

The National Agreement on Closing the Gap has a raft of targets designed to enhance outcomes for Aboriginal and Torres Strait Islander people. These include the reduction of the rate of Aboriginal and Torres Strait Islander adults held in custody by at least 15% by 2031. Corrective Services is part of the Closing the Gap Working Group. 

Corrective Services is working on a number of initiatives seeking to reduce the rate of Aboriginal and Torres Strait Islander adults held in custody by at least 15 per cent by 2031.  This includes seeking the formal involvement of Aboriginal community representatives in devising policies and implementing culturally specific programs in prisons for Aboriginal people. 

While a reduction in the rate of reoffending will mean fewer Aboriginal people returning to prison, the fundamental objective of the Closing the Gap justice reforms is to reduce the rate of incarceration of all Aboriginal men and women.

Specifically, Corrective Services has committed to improving the delivery of a range of services targeted at Aboriginal offenders. This includes, but is not limited to

• improving the engagement of Aboriginal offenders on supervised orders
• increasing the role of Aboriginal communities and organisations in decision-making with respect to Corrective Services programs and policies
• undertaking a cultural audit of Community Corrections policies and procedures. 

CSNSW approach

CSNSW’s Aboriginal Strategy Directorate have engaged in Aboriginal community programs which can be specialised for males and females in correctional centres and community corrections.

Community Corrections

Aboriginal Advisory Groups

In November 2020 Community Corrections formed an Aboriginal Advisory Group (AAG). The AAG is made up of Aboriginal staff in various roles selected via an expression of interest process. The AAG meet monthly and provide advice to the Community Corrections Assistant Commissioner and Executive on various subjects such as Aboriginal workforce recruitment, retention, development; policy development; engagement of Aboriginal people on supervised orders; and partnerships across Government, non-government sectors. 

Aboriginal Community Engagement and Culture Officers (ACECOs)

Community Corrections employs Aboriginal Community Engagement and Culture Officers 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 Aboriginal Community Engagement and Culture Officers (CECOs) 

• 20 Aboriginal CECO roles are located in regional communities across NSW, while 7 work in the Sydney metropolitan area.

CSNSW Strategy to Support Aboriginal Offenders to Desist from Reoffending

• Corrective Services has developed the Strategy to Support Aboriginal Offenders to Desist from Reoffending.  The strategy maintains a focus on criminogenic, education and vocational training and employment programs.  The strategy also focuses on cultural strengthening and building positive relationships with Aboriginal stakeholders and the community.

• Corrective Services continues to implement initiatives to reduce reoffending which include specific initiatives to address the needs of Aboriginal offenders 

Aboriginal-specific Programs

• St Heliers Correctional Centre at Muswellbrook has expanded the range of traineeships and education programs available to Aboriginal offenders and offers Aboriginal Cultural Programs.

• The Balund-a residential diversionary program at Tabulam for Aboriginal males provides criminogenic interventions, cultural connections, and employment-seeking assistance.

• The Aboriginal Birth Certificate Program provides assistance to eligible Aboriginal inmates to obtain a birth certificate free of charge to them. 

• The Gundi Program at St Heliers builds skills and provides experience in building and construction work for Aboriginal men through the fabrication and construction of relocatable homes. Participants have the opportunity to gain skills and participate in an initiative that assists Aboriginal communities.  

• The Girrawaa Program at Bathurst Correctional Centre include artistic and business skills development programs for Aboriginal men. Aboriginal inmates are involved in an Aboriginal culturally specific program, which is designed to assist in developing artistic skills, creating an artistic portfolio and learning how to sell artwork and build careers as successful artists on release.

• The Never Going Back Program at Dawn de Loas Correctional Centre is a community-based program for Aboriginal male inmates working with the community and local police for support in reintegrating to the Redfern area. 

• The Cultural Camp project sees male and female inmates working alongside staff for Local Aboriginal Land Councils. Participants camp, gain access to community Elders and are provided with opportunities to give back to the community while contributing to restoration and maintenance projects. 

• The Dubay Gunyah partnership with the Aboriginal Housing Office, Marrin Weejali Aboriginal Corporation and Tharawal Aboriginal Corporation supports Aboriginal women exiting custody who are homeless by giving them medium-term housing and support.  

• The Aboriginal Community Mentors (ACM) is a strategy to assist correctional staff to support Aboriginal inmates to maintain their cultural connection. 

• Dreaming Inside is an Aboriginal inmate writing program at Junee which encourages inmates to express their thoughts in written form before compiling their work into a publication. 

• Yarning Circles have been built in 11 correctional centres across NSW in locations such as Cessnock, Broken Hill and Silverwater Women’s Correctional Centres. A further 24 Yarning Circles will be rolled out to several locations including the Metropolitan Remand and Reception Centre, the Metropolitan Special Programs Centre and Goulburn Correctional Centre. Yarning Circles provide a culturally safe space for Aboriginal inmates and staff to use for cultural programs, education, and special events. The Aboriginal local community is involved in the planning process at each location, and inmates have the opportunity to obtain vocational training while constructing the circles. 

• State-wide Cultural Strengthening Programs -designed and implemented in correctional centres across the state to enhance knowledge about kinship systems, and promote connection to culture, land, family and community.

• High Intensity Program Units - Corrective Services established 10 High Intensity Program Units to provide intensive rehabilitative services and programs and enhanced release planning. There are two Aboriginal specific units at the Mid North Coast and Wellington Correctional Centres. Assistance focuses on housing, employment and strengthening family connections and support.

Employment Initiatives for Aboriginal Offenders

• Corrective Services has a Memorandum of Understanding with the Commonwealth to operate the Time to Work Employment Program to provide pre release assistance on employment related matters. 

• The Department of Prime Minister and Cabinet funded $3.6M in 2018 under the Commonwealth Indigenous Advancement Strategy for three pilot employment-related projects to be delivered by Corrective Services by October 2022.

Project 1: Gundanha Aboriginal Construction Facility

• Provides employment and vocational training for Aboriginal women in the building and construction industry at Wellington Correctional Centre. The project is temporarily on hold as the centre provides urgent assistance to flood impacted areas in the State’s north. 

Project 2: Caring and Working: Aboriginal Mothers 

• Supports and promotes a stronger family environment for Aboriginal mothers and their children.

• Build and enhance work readiness skills and build relationships with external agencies to secure safe, stable accommodation post release.

Project 3: Emu Plains Employment and Training Hub 

• The Employment and Training Hub provides Aboriginal women offenders with greater opportunities to participate in vocational training, work readiness skills and engagement with pre and post release services.

• The participants receive intensive case management services and have access to cultural strengthening programs and community engagement.

• This program has been transferred to Dillwynia Correctional Centre due to the temporary closure of Emu Plains Correctional Centre.