Wright, Helena --- "Hand in Hand to a Safer Future: Indigenous Family Violence and Community Justice Groups" [2004] IndigLawB 26; (2004) 6(1) Indigenous Law Bulletin 17

• Hand In Hand To A Safer Future: Indigenous Family Violence And Community Justice Groups
• Processes And Outcomes
• Challenges

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Hand in Hand to a Safer Future: Indigenous Family Violence and Community Justice Groups

by Helena Wright

There is no doubt that Indigenous women are amongst the most marginalised in society. When they are victims of family violence and come into contact with the justice system and the current domestic violence service system because of this, they can become even more disadvantaged. Community justice groups are playing an increasingly important role in reducing Indigenous family violence, through supporting women and their families, and working with the offenders.

In Queensland the Aboriginal and Torres Strait Islander Women’s Task Force on Violence reported on the issues of community violence and made numerous recommendations in relation to reducing and eliminating community violence and family violence. This comment sums up the aim of the Task Force: All we want is for the violence to stop.[1] The Cape York Justice Study,[2] released in 2001, built on the work of the Task Force with a particular focus on alcohol, violence and child protection. These reports all reflect an underlying theme – Indigenous people are voicing their desire for resolving issues using their own ways and their own people. These influential reports recognise the importance and effectiveness of Aboriginal and Torres Strait Islander community justice groups in developing, owning and taking responsibility for solutions to community violence.

Processes and Outcomes

Community justice groups have been operating in Queensland since 1995 in response to recommendations of the Royal Commission into Aboriginal Deaths in Custody that stressed the vital importance of community-based responses to justice issues and the need for these responses to be developed and implemented by members of Indigenous communities themselves. Since their establishment community justice groups have been seen as a mechanism for incorporating aspects of customary law into the criminal justice system and as a way of ensuring that Indigenous people are supported, in a culturally relevant way, in their dealings with justice agencies. Community justice groups are constituted differently to reflect specific needs in different areas; for example, they may be based on traditional groupings, or on Elders’ groups.

Underpinning community justice groups are traditional authority structures and processes. The justice group members derive their authority from their status as respected members of the community, either as Elders or as people whose integrity and cultural knowledge causes them to be held in esteem. Because of this, community justice groups are ideally positioned to work in reducing the prevalence and effects of family violence in their communities, and in demonstrating that family violence is unacceptable.

Many community justice groups mediate family disputes. As an effective process for resolving differences, Indigenous people consider mediation because the inclusive, holistic and structured approach reflects traditionally-accepted ways of doing business.

The Kowanyama Justice Group has been very effective in the area of dispute resolution. We believe the community is a better place because this avenue is available and people use it on a regular basis.[3]

Community justice groups play a role in ensuring that women at risk of harm and those experiencing violence are supported. They often provide court support and they advocate on behalf of women and children experiencing family violence with courts, government departments and other support groups within the community. They participate in public education and awareness efforts to inform Indigenous women of their rights and how to access support services.

Aboriginal and Torres Strait Islander women have long called for more support for their men in relation to changing their behaviours and realising the effects family violence has on their families and communities. Community justice groups work with offenders of family violence to ensure a holistic response to healing families within their communities. One strategy that community justice groups use to bring offenders to a realisation of their wrongdoing is the removal of the offender from the community for “time-out”.

Removal of an offender to an outstation is consistent with the traditional sanction in Aboriginal law of "banishment". For example, the Pormpuraaw Community Justice Group has for several years been "banishing" troublesome community members to the Baa's Yard outstation for short periods. There is no formal or legal mechanism for this, only informal social controls that contribute to community consensus, and the process is a good example of community interventions that occur without involving the justice system.[4]

One of the most effective ways that community justice groups deal with perpetrators is to use the traditionally-accepted social control mechanism of shaming. Shaming is a very powerful process and holds the perpetrator accountable for the harm he or she has caused, as well as reinforcing traditional authority and encouraging respect for self, others and the community. Peena Geia, Chairperson of the Palm Island Community Justice Group describes why this process is so effective:

It sure has an impact because they know it’s a shame thing with our people. Many of our people know that they can misuse the white man’s law, but they know they can’t do it amongst their own. They know the Murri law is stronger, it always was and it always will be.[5]

In recognition that people in custody, and those due for release, need counselling and training to ensure a supportive and constructive transition from detention to community,[6] some community justice groups assist in the re-integration of offenders into the families and communities following their incarceration, to try to reduce the occurrence of further violence.

Community justice groups also work at addressing the underlying issues causing family violence within their communities. No discussion about reducing Indigenous family violence would be credible without recognising the impact that alcohol abuse has on violence. Since the introduction of the Liquor Licensing (Indigenous Communities) Act 2002 community justice groups within Deed of Grant in Trust (DOGIT) communities have been given legislative power to deal with alcohol management issues. They are able to make recommendations about restricting the possession and consumption of alcohol within their community and are also able to make “dry place” declarations for parts of their local area. They have contributed to the development of Alcohol Management Plans in 19 communities across Queensland. While alcohol management plans are relatively new, tangible, positive outcomes have resulted. Since the introduction of the alcohol management plan in Aurukun there has been a reduction of alcohol-related presentations to the community health centre by 73% and a 52% reduction in new presentations for assault.[7]

An interim assessment of the work of community justice groups[8] showed that a number of the outcomes achieved by community justice groups are ones that aren’t easily measured through current data collection methods. These include establishing effective networks throughout the criminal justice agencies on a local level and a significant contribution to preventative and support activities and program delivery. A recent review[9] detailed a number of activities in which community justice groups are involved, including Justice of the Peace duties, participating in Murri Court, working with Legal Aid Queensland and Aboriginal and Torres Strait Islander Legal Services in relation to clients, cell and correctional centre visiting and supervising people on youth justice and community correction orders.[10]

While the benefits of using community justice groups to assist in reducing family violence are apparent on a number of levels, there are a range of challenges with which these groups are confronted. Some groups are located in remote areas with limited access to resources and services delivered by other agencies. Additionally, whilst other agencies deliver services in these regions, they may not always be utilised by Indigenous people.[11]

Challenges

A challenge for community justice groups and the Indigenous community in general in responding to Indigenous family violence is that the current service system is based on non-Indigenous feminist principles. This does not reflect the values and customs of Indigenous women: the Indigenous spirit of inclusiveness and the paramount importance of family. Jackie Huggins makes the point that “continued imposition of white feminists’ politics on Aboriginal women is most certainly an attempt at intellectual colonisation”.[12]

An emerging and most probably ongoing challenge is that community justice groups are considered a panacea to all the problems within Indigenous communities. More and more responsibility and pressure is being put on these groups, because as they demonstrate their effectiveness and succeed, more is expected of them. However, the resourcing and support provided to these groups is not commensurate with what they are expected to do. For ongoing success these groups will need to be supported by government through increased resources, training and professional recognition of the difference they make to Indigenous communities.

Community justice groups provide Indigenous communities with a culturally appropriate means of reducing family violence and helping to heal their communities. These groups are instrumental in the development and implementation of services to Indigenous women and their families experiencing family violence because of their positions within the community and the structures and processes they use. These groups are giving Indigenous people empowerment and ownership to address their problems in a way that has proven to be exceedingly successful. This fact and the following statement sum up the critical significance of community justice groups:

The success of community justice groups in Queensland has demonstrated the continuing relevance and value of customary law in contemporary Indigenous communities, particularly in terms of traditional mechanisms for dispute resolution and social control.[13]

Helena Wright is an Indigenous woman from the Kabi Kabi tribe in Queensland. She is the Coordinator of the Integrated Indigenous Strategy Unit of Legal Aid Queensland. Previously she worked in the Department of Aboriginal and Torres Strait Islander Policy responsible for policy in relation to family violence, and earlier, community justice initiatives. She is currently studying criminology at Griffith University.

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[1] Queensland Government, (1999) Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report. [1999 consultations, central Queensland.]

[2] Queensland Government, (2002) Cape York Justice Study.

[3] Kowanyama Justice Group, (2001) Submission to the Cape York Justice Study.

[4] Department of Aboriginal and Torres Strait Islander Policy and Development, (2000) The Next Step: Government Response to the Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report, Queensland Government.

[5] B. Salgado, (1996) Radio special on community justice groups. Cited in Limerick, Michael, “Indigenous Community Justice Groups: the Queensland Experience” (2002) 80 Reform.

[6] Department of Aboriginal and Torres Strait Islander Policy and Development, (2000) The Next Step: Government Response to the Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report, Queensland Government.

[7] Queensland Health, (August 2002 – February 2004) Community Health Centre Injury Presentation Data.

[8] Department of Aboriginal and Torres Strait Islander Policy and Development, (1999) Interim Assessment of Community Justice Groups, DATSIPD, Brisbane.

[9] Department of Aboriginal and Torres Strait Islander Policy, (2003) Community Justice Groups: Activity Data Collection Summary And Information Paper: October – December 2003, Queensland Government.

[10] Department of Aboriginal and Torres Strait Islander Policy,(2003) Community Justice Groups: Activity Data Collection Summary And Information Paper: October – December 2003, Queensland Government.

[11] Department of Aboriginal and Torres Strait Islander Policy, (2003) Community Justice Groups: Activity Data Collection Summary And Information Paper: October – December 2003, Queensland Government.

[12] Huggins, J 1994. “A Contemporary View Of Aboriginal Women’s Relationship To The White Women’s Movement”, in Grieve, N & Burns, A (eds) Australian Women: Contemporary Feminist Thought (Oxford University Press: Melbourne, 1994)

[13] Limerick, Michael, “Indigenous Community Justice Groups: the Queensland Experience” (2002) 80 Reform.