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Stubbings, Melissa --- "Aboriginal Legal Access Project" [2003] IndigLawB 64; (2003) 5(28) Indigenous Law Bulletin 10


Aboriginal Legal Access Project

by Melissa Stubbings

The Aboriginal Legal Access Project (ALAP) is a project of Hawkesbury Nepean Community Legal Centre (HNCLC). The project’s aim is to promote Indigenous access to legal resources and legal information, and to allow for and encourage participation in the decision making processes by the local Aboriginal community. Western Sydney Area Assistance Scheme initially provided four-year funding from August 1999. Currently the ALAP is only running as the result of a 12-month grant from a private foundation.

Notwithstanding the essential and highly successful nature of the ALAP and the fact that the Hawkesbury local government area boasts the fastest growing ATSI population, the fight to secure ongoing funding still continues. Interesting projects started by the project worker include the Hawkesbury Aboriginal Police Support Team (HAPST) and the South Windsor Outreach. Each of these projects is discussed below.

These and other projects have relied upon the ALAP and the Aboriginal Legal Access Worker (ALAW) maintain and continue their success.

The Hawkesbury Aboriginal Police Support Team (HAPST)

The idea of a police support team for the Hawkesbury region started with discussions between Bev Donovan (Aboriginal Community Liaison Officer Mt Druitt Police) and the ALAW. A meeting was held in February 2001 with the ALAW, Bev, Hawkesbury Police and Aboriginal community members. From this meeting it was decided to establish a team in the Hawkesbury, made up of Aboriginal volunteers who are prepared to be on a roster system to assist Aboriginal people having contact with Hawkesbury Police. Contact could include being interviewed, being held in custody or the police needing to visit an Aboriginal family to deliver distressing news. The aim of the group is to reduce the frustration and misunderstandings that Aboriginal people have when dealing with the police and also to help the processes run smoothly. In turn it is hoped that a better relationship between the Aboriginal community and police will be established. Bob White, Superintendent Hawkesbury Police, launched the support group in May 2001. Volunteers have been trained in Police Interviews and Apprehended Violence Orders. Such training increases the skill levels of the volunteers which in itself means for the volunteers; increased employment opportunities, greater community participation and communication and an increased awareness of the operation and impact of the legal system.

There have been some teething problems with the HAPST, mainly due to communication issues between the ALAP and the police. The expectation by police has been that the volunteers are only necessary if asked for by the person being interviewed by the police. However, the ALAP expectation of the volunteers, and that of themselves, is that they will be called at all times regardless of whether they were asked for or not. We believe this is an important part of ensuring the trust and belief exists in the Indigenous community that that essential support will always be provided. The group is monitored by the ALAW who is endeavouring to raise their profile with duty police and to meet all expectations. This is proving a little difficult however, in light of the importance of the project, the ALAW is firmly committed to its success.

The South Windsor Outreach

The South Windsor Outreach was established after the ALAW became part of the HNCLC outreach service at Mt Pleasant and realised the value this service would have if duplicated in other areas. The Mt Pleasant Outreach was modeled on an outreach at Kingswood. Each outreach is unique although the principle of bringing designated Aboriginal workers together to service an Aboriginal community is the same.

The ALAW negotiated with the Principal of Windsor South Public School to use a classroom to hold the South Windsor Outreach. The outreach involves Aboriginal workers from Centrelink, Department of Housing, Department of Fair Trading, Hawkesbury City Council, Women’s Cottage, Hawkesbury District Health Service, Wentworth Area Health Service and the ALAW from Hawkesbury Nepean Community Legal Centre. The workers are available Monday mornings between 9 and 11am to meet with the Aboriginal community. The outreach is in a classroom that is not used by the school so we can decorate and make it our own. Morning tea is supplied and the classroom is near an entrance to the school so there is limited need for clients to wander through the school. The outreach is also a good avenue for workers to network and share information. The ALAW will be working on establishing an outreach service in Riverstone next year.

Some other work and projects initiated by the ALAW have been;

Many mainstream organisations often ask the ALAW for advice on how to encourage Aboriginal people to use their service. The easiest way to see an increase of Aboriginal people accessing a service is to provide an Aboriginal worker in that service. Organisations should look at their own structure and funds and discuss ways of employing an Aboriginal worker in their service to work alongside the community. Aboriginal workers are the best resource for a mainstream organisation wanting Aboriginal people to utilise their services.

A major strength of the ALAP has been the setting up of an Advisory Group to guide and support the ALAW. There is a member of the Advisory Group who sits on the management committee of HNCLC to ensure communication between the two committees. The Advisory Group consists of Aboriginal community members and workers. While membership of the Advisory Group changes from time to time, their commitment to the project is always strong and effective in ensuring the project moves ahead in a culturally appropriate way.

The Aboriginal communities serviced by the ALAP are living in the Hawkesbury and Penrith Local Government Areas and parts of Blacktown and Hills District Local Government Areas. These communities will face a huge disadvantage if the ALAP is not funded appropriately as many of the projects and work already mentioned will not be maintained. It is this maintenance that is a key element to the success of the projects. If the ALAP is lost, so too will the ongoing maintenance and commitment discussed. This is inevitable because of the lack of designated Aboriginal workers available. The Hawkesbury communities are at the most disadvantage as they only have one permanent designated Aboriginal worker who is at Hawkesbury District Health Service.

HNCLC has investigated many options for securing funding for the ALAP. So far submissions have been sent to Legal Aid NSW (rejected), Department of Aboriginal Affairs (DAA) NSW (rejected) and the Myer Foundation (rejected). There is a submission pending with the Department of Family and Community Services (Commonwealth). Other options are ATSIS, DAA, and other private foundations.

The ALAP needs assistance to allow it to continue the great service it has begun for the Aboriginal communities it services. Without this project many people would not have had their issues resolved and therefore their quality of life would have suffered. Aboriginal people need Aboriginal workers to assist them with their problems and to walk them through the troubled spots of their life. The affects of colonisation run deep and only through persistence can these affects be addressed and reduced. Persistence comes with providing resources to keep projects like the Aboriginal Legal Access Project alive and functioning to help the community.

HNCLC has produced a report on the ‘Legal Needs of Aboriginal People in South Windsor, Mt Pleasant and Riverstone’. These communities are areas serviced by the ALAP with a high Indigenous population.

For further information or copies of the report please call Melissa Stubbings, Aboriginal Legal Access Worker, Hawkesbury Nepean Community Legal Centre on 02 4588 5618.

Melissa Stubbings is the Aboriginal Legal Access Worker for the Aboriginal Legal Access Project operating out of Hawkesbury Nepean Community Legal Centre in NSW. Melissa is a Darug woman from the Hawkesbury. She has a Diploma in Indigenous Legal Studies from TRANBY College.


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