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Sansbury, Tauto --- "State and Territory Implementation of the Recommendations of the Royal Commission: South Australia" [2001] IndigLawB 34; (2001) 5(8) Indigenous Law Bulletin 10

State and Territory Implementation of the Recommendations of the Royal Commission –

South Australia

by Tauto Sansbury

As the State Chairperson of the Aboriginal Justice Advocacy Committee (‘AJAC’) I believe it is important that I give my viewpoint on how I see the criminal justice system in South Australia and the problems that Aboriginal people are faced with. It is of the utmost cause for concern that since May last year the Aboriginal community in South Australia has had six deaths in custody.

It is vital that AJAC continually highlights the fact that things are not changing for the better. There are a number of matters that AJAC is looking at in South Australia, including:

• the proposed change of legislation in relation to the Coroner’s Act, which does not take into account the RCIADIC and its recommendations; and
• the drug diversionary court, which ignores the specific issues that Aboriginal people are faced with. This program is currently ineffective for Aboriginal people due to the simple fact that the Attorney-General’s Department and the State Government failed to consult with Aboriginal people and the Aboriginal Legal Rights Movement Inc during the planning stages of this diversionary program.

I believe it must be continually pointed out that the criminal justice system is ineffective at rehabilitation and is unable to deal with the problem of the incarceration of Aboriginal people. Government is neither able to undertake law reform, nor to initiate diversionary programs that are culturally appropriate.

As the State Chairperson of AJAC I currently sit on a number of committees, which basically cover everything under the Royal Commission, but there have been no tangible outcomes for Aboriginal people.

A submission was presented to the Attorney-General’s Department in relation to the establishment and funding of AJAC, as required under Recommendation 2 of the Royal Commission. The Attorney-General’s Department has rejected this submission and has not implemented this recommendation by its refusal to fund AJAC. It has instead employed three Aboriginal Justice Consultants within the department. This highlights a blatant disregard for the RCIADIC.

The Department has not take into account Aboriginal initiatives, self-determination, the RCIADIC or the Ministerial Summit of 1997, all of which identify that Recommendation 2 of the RCIADIC would deliver far greater positive outcomes for Aboriginal people than those that could possibly be achieved by three Aboriginal Justice Consultants within the Attorney-General’s Department.

I believe that at the end of the day these appointments will only provide window dressing for the benefit of the Attorney-General and the State Government.

In conclusion, the lack of initiatives by this State Government has continued to keep Aboriginal people at a great disadvantage, and will continue to keep them entrenched in the vicious cycle of law and justice.

Tauto Sansbury is Chairperson of the Aboriginal Justice Advisory Committee (South Australia).