Recommendation 96

This recommendation is assigned to CSNSW.

Recommendation

That judicial officers and persons who work in the court service and in the probation and parole services and whose duties bring them into contact with Aboriginal people be encouraged to participate in an appropriate training and development program, designed to explain contemporary Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non-Aboriginal communities today. The Commission further recommends that such persons should wherever possible participate in discussion with members of the Aboriginal community in an informal way in order to improve cross-cultural understanding.

Context

The Royal Commission considered Aboriginal perceptions of the judicial system including lack of awareness, or sensitivity to Aboriginal culture.  Recommendation 96 is directed at bringing uniformity across these justice system services with respect to contemporary Aboriginal cultural awareness training and facilitate greater cross-cultural understanding.

Detail of implementation

Upon commencement in the role, trainee Community Corrections Officers (CCOs) are required to undertake a 12-week Primary Training course delivered by the Brush Farm Corrective Services Academy, which is CSNSW’s enterprise Registered Training Organisation responsible for delivering industry-based learning. The schedule consists of:

• an initial 4 weeks of face-to-face training
• 4 weeks of ‘on the job’ training at a Community Corrections location (‘placement period’)
• another 4 weeks of face-to-face training.

Within this training a specific component relates to:

• Aboriginal Cultural Awareness, which is facilitated by a representative from the CSNSW Aboriginal Strategy Directorate and
• Working with Culture and Diversity.

The Aboriginal Cultural Awareness Training (ACAT) is a one-day training program made up of four modules:

Module 1 – Culture

Module 2 – Historical and Contemporary Understanding

Module 3 – Communication in an Aboriginal Context

Module 4 – Managing Aboriginal Offenders at Risk

Following completion of Primary Training, trainee CCOs are required to undertake further ‘on the job’ training for a period of approximately 9 months whilst satisfactorily completing assessment tasks in order to gain the Certificate IV in Correctional Practice, a nationally recognised qualification from the Correctional Services Training Package. As part of this qualification, trainee CCOs must meet requirements contained within the following unit of competency: CSCOFM028 Provide support to offenders in Aboriginal and Torres Strait Islander communities. This unit of competency prescribes the specific skills and knowledge to respect cultural requirements and support offenders within Aboriginal and Torres Strait Islander communities. Associated assessments involve CCOs demonstrating their knowledge regarding Aboriginal and Torres Strait Islander perspectives of history, community, law, environment, social structures/relationships, obligations and accountability.

In addition to the above, trainee CCOs must complete an online short course titled Aboriginal Cultural Awareness. Topics in this course include the following:

• Overview of Aboriginal culture and history.
• Communication in an Aboriginal context; and
• Managing Aboriginal offenders at risk.

Community Corrections also has a number of Aboriginal Community Engagement and Culture Officers who are based at offices to support Aboriginal offenders and provide expert cultural support. Another specific aspect of this role is to develop relationships with local Aboriginal communities, the role does not have any hands-on case management function.

Community Corrections implemented a state-wide Aboriginal Advisory Council meet once every 8 weeks, look at programs in the community for Aboriginal offices. And in particular Moree Community Corrections Office organised a local office day tour “getting to know our country” so that Community Corrections officers working in the region can obtain localised aboriginal knowledge of the areas, sites, men’s area, women’s area, wars.

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.

Additionally, Community Corrections is currently delivering a program of work to improve performance in Community Corrections for Aboriginal people and communities. Under this program of work, Community Corrections is trialling different approaches to improving the Aboriginal cultural competency and local understanding of Community Corrections staff. Specific projects include:

Local Aboriginal Cultural Engagement (LACE) Strategy in North NSW District which is led by a Project Officer and a steering group that includes Aboriginal Community Engagement and Culture Officers (ACECOs) to provide frontline staff with localised knowledge and expertise and an opportunity to learn and Connect to Country in their local areas. Community Corrections employs 26 ACECOs over 25 locations.  The role of the ACECO is to lobby on behalf of an inmate for parole and to assist that person with their community connections.  The ACECO also helps to communicate the individual’s needs to community corrections.

Western NSW District is currently recruiting an Aboriginal identified Project Officer to lead local work and are investigating local Cultural Awareness Programs for frontline staff

Community Corrections hosted two conferences for Aboriginal staff in 2022, focussed on improving performance in Community Corrections and outcomes for Aboriginal people and Communities in NSW.

The first conference was held in Dubbo from 31st May – 2nd June 22 with 47 Aboriginal staff in attendance and. The focus of the conference was to consult with Aboriginal staff to improve Community Corrections’ ways of working with Aboriginal people and identify strategies to support frontline staff apply an appropriate cultural lens when working with Aboriginal people on supervised orders.

The second conference was held in Parramatta from 2nd - 4th November 22 with 51 Aboriginal staff in attendance. The second conference focused on:

• making Community Corrections culturally safe and inclusive
• applying different ways of working and engaging with Aboriginal people on supervised orders, their family (including kinship connection) and communities
• building the brand of Community Corrections to engage local Aboriginal communities and services.

The Walama List pilot aims to introduce community involvement into the judge’s sentencing process, build trust in the justice system and improve the diversion of Aboriginal and Torres Strait Islander people coming before the court into critical support services that tackle the causes of offending behaviour. ‘Walama’ is a Dharug word that means coming back and, in this context, it means coming to identity, community, culture and a healthy crime-free life. At the core of the initiative is a proves designed to harnesses the wisdom of Aboriginal Elders and respected community members in sentencing discussions.

The Walama Court Project is an initiative run out of Downing Centre (Sydney) District Court for Aboriginal male and female participants who have pleaded guilty for certain criminal offences at Sydney metropolitan District Courts (Penrith, Campbelltown, Parramatta or Sydney). It aims to:

• reduce risk factors related to reoffending
• reduce rate of breaches of court orders
• increase compliance with court orders
• reduce overrepresentation of Aboriginal and Torres Strait Islander people in custody

This is achieved by enabling Aboriginal and Torres Strait Islander community participation in court processes and embedding Aboriginal and Torres Strait Islander narratives in sentencing process. Also, through utilising culturally appropriate programs and supports to address needs and risk factors and facilitating continuous court monitoring of appropriate therapeutic interventions to address identified risks and needs. Such supports include Community Engagement and Cultural Officer Craig Madden, who is present with the Walama List offender. This is a full-time on-going role, where the offender is provided cultural support and advocacy.

Evidence

• See the Criminal Practice Note 26 - Walama List Sentencing Procedure on District Court New South Wales - Practice notes.