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Recommendation 172
This recommendation is assigned to CSNSW.
Recommendation
That Aboriginal prisoners should be entitled to receive periodic visits from representatives of Aboriginal organisations, including Aboriginal Legal Services.
Context
The Royal Commission report noted that Aboriginal service organisations shouldn’t be unreasonably restricted from inmates and that correctional agencies should negotiate with Aboriginal prisoner groups and service organisations to establish regular services. Recommendation 172 is directed at formalising these arrangements.
Status: Implemented
- Inmates are entitled to visits from their legal practitioners.
- Aboriginal inmates can be visited by field officers from the Aboriginal Legal Service or other approved organisations.
- The 2022 amendment allows visits to occur via Audio Visual Link (AVL).
- Aboriginal and Torres Strait Islander people have access to the Aboriginal Legal Service or its representatives. Policies and procedures are in place for Aboriginal community mentors to visit correctional centres to support inmates.
Detail of implementation
Crimes (Administration of Sentences) Regulation 2014
Clause 82 Visits to transact legal business
In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s legal practitioner.
Clause 84 Visits to Aboriginal persons
(1) In addition to any other visit authorised by this Regulation, an inmate who is an Aboriginal person may be visited by—
(a) a field officer of the Aboriginal Legal Service (NSW/ACT) Limited, or
(b) a field officer of any other organisation that provides legal or other assistance to Aboriginal persons and that is approved by the Commissioner.
(2) In this clause, Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.
The Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2022 commenced on 26 August 2022. New Division 7A of the Regulation now allows visits to occur via AVL.
COPP section 10.5 Visits from legal practitioners and their employees or agents
Visits from legal practitioners and their employees or agents confirms that Aboriginal and Torres Strait Islander people are entitled to access to the Aboriginal Legal Service or a representative of that service.
Part 2 of section 10.5 Visits from legal practitioners and their employees or agents provides policy and procedures for Aboriginal Legal Service access to inmates.
COPP section 11.6 Aboriginal community mentors
Aboriginal community mentors provides policy and procedures to allow Aboriginal people recognised as having a significant standing in the Aboriginal community to visit correctional centres as ordinary visitors to support inmates.
Evidence
- Crimes (Administration of Sentences) Regulation 2014 Clause 82
- Crimes (Administration of Sentences) Regulation 2014 Clause 84
- The Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2022
- COPP 10.5 Visits from legal practitioners and their employees or agents (PDF, 758.0 KB)
- COPP 11.6 Aboriginal community mentors (PDF, 508.6 KB)
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