Indigenous Law Bulletin
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compiled by Jacqui Houston
Over the last three months, the Indigenous Law Bulletin has made contact with the police service in each State and Territory. Each service was advised of our forthcoming Special Focus Edition and asked to participate in a survey to assess how police services have responded to the recommendations of the Royal Commission into Aboriginal Deaths in Custody[1] (‘RCIADIC’). Below are some of their responses.
There are some important factors to note here. Of the eight services contacted, only six responded. Two of these either found the request too onerous or simply did not return calls or email correspondence. One agreed to participate but then found the survey questions too time-consuming to answer; another responded but would not provide approval within the previous agreed timeframe. Therefore, following is a response from Victoria Police and the New South Wales (‘NSW’) Police Force who have each provided some detail as to how they aim to improve relations between Indigenous communities and police; how the RCIADIC Recommendations relating to police and their conduct has informed their strategies; and how these plans and policies are evaluated.
We have developed a Koori Action Plan which is directly linked to the Victorian Aboriginal Justice Agreement (Phase 2) (‘AJA 2’). This action plan enables us to measure our performance against the activities of the AJA 2 directed at police. The Koori Action Plan is overseen by the Victoria Police Koori Reference Group which comprises Aboriginal Representation from Government and Community. We have also developed a Reconciliation Action Plan which has been posted on the Reconciliation Australia website. In this we identified the activities being undertaken by Victoria Police which connect directly to the process of reconciliation. This plan includes many activities and programs that have been devised and are being run by operational police across Victoria to improve justice and social justice outcomes for Aboriginal people.
Our key objective is to reduce overrepresentation of Aboriginal people in the justice system. We achieve this mainly through positive interaction with Aboriginal communities and programs connected to early intervention and diversion. We have a comprehensive network of 86 Police Aboriginal Liaison Officers who are sworn police (non-koori) usually of sergeant rank, who play a key role in providing a culturally sensitive policing service and have an influence over others in their station. They also engage in positive programs with communities, some of which are youth-focused, to divert them from the justice system. Operational police in some areas are also supported by five Aboriginal Community Liaison Officers who are Aboriginal people employed from the community to act as a conduit between police and community and to also provide a positive Aboriginal influence in a police station. This program will expand over time.
In June 2007 the Commissioner of Police endorsed the Aboriginal Strategic Direction (‘ASD’) 2007-2011. This is the fourth NSW Police Force (‘NSWPF’) policy developed by NSWPF to improve its relationships with, and manage its response to, Aboriginal people and communities. This document sets out the agenda for police and Aboriginal community relations and is based on the premise that Aboriginal people know their problems and want to be part of the solution.
A key driver of this policy is the establishment of Local Area Command Aboriginal Consultative Committees where police and local Aboriginal community members develop Local Area Command Aboriginal Action Plans that address policing issues in the community.
The seven Key Objectives of the ASD are:
All NSWPF Commands are required to demonstrate how they will meet the Objectives through identifying those that are linked to their work. Our ASD clearly describes the roles and responsibilities of Commands and officers and the structures that we have established to achieve our Objectives.
RCIADIC is the key driver for most of our activities. Victoria is the only State to have conducted a review of RCIADIC[2] and the AJA 2 is directly connected to that. Victoria Police has also prepared an Action Report against the Victorian Review where we have identified the policies, procedures and activities that directly link to the RCIADIC and Review recommendations. With this we have received sign off by the Aboriginal Justice Forum on our completion of many of the recommendations. Other recommendations are ongoing such as notification of the Victorian Aboriginal Legal Service and our performance against this is constantly monitored. In essence we have created an audit procedure for these recommendations where the community sign off on our performance.
The ASD makes clear links to RCIADIC and recognises the importance of this historical document. What will be achieved, or is intended through the ASD can be linked to RCIADIC Recommendations. NSWPF has implemented 82 RCIADIC Recommendations that apply to this organisation.
The Koori Action plan is evaluated for its effectiveness quarterly. This is done firstly by the Koori Reference Group who examine our performance and make recommendations where required. It is also then presented to the Aboriginal Justice Forum which comprises Aboriginal community representation and representation across government. We engage in a highly transparent process in regard to Aboriginal justice issues which has been and remains the catalyst for a great deal of change within the organisation.
At a local level, the Local Area Command Aboriginal Consultative Committees meet regularly to monitor the effectiveness of the Local Area Command Aboriginal Action Plan.
Corporately, NSWPF monitors the implementation of the ASD on a quarterly basis where various Commands within NSWPF report on achieving the Objectives and discuss potential barriers to success.
The Commissioner of Police chairs the Police Aboriginal Strategic Advisory Council whose membership includes a range of external government agency representatives, the NSW Aboriginal Land Council and the Aboriginal Justice Advisory Council. This Council monitors the implementation of the ASD and identifies opportunities to work in partnership with police and the community to ensure the success of our policy and identify where services to communities may be improved.
Internally, data is collated to monitor the type of offences committed by Aboriginal people and to develop strategies to reduce offences where possible.
NSWPF is currently identifying better ways to measure and monitor our success to ensure that we are meeting our Objectives and improving outcomes for Aboriginal people.
Externally, NSWPF is monitored by the NSW Ombudsman’s Office who conducts audits with regard to NSWPF implementation of Aboriginal policy. In April 2005 the NSW Ombudsman’s Office provided a special report to Parliament titled Working with Local Aboriginal Communities – audit of the NSW Police Aboriginal Strategic Direction 2003-2006.
Jacqui Houston is an editor of the Indigenous Law Bulletin. For their participation, the Indigenous Law Bulletin thanks Inspector Ian Geddes of Victoria Police and Superintendent Rod Smith and Peter Lalor of the NSW Police Force.
[1] Commonwealth, Royal Commission into Aboriginal Deaths in Custody, National Report (1991) <http://www.austlii.edu.au/au/other/IndigLRes/rciadic/index.html> at 26 July 2007.
[2] Department of Justice (Vic), Implementation Review of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody (2005).
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URL: http://www.austlii.edu.au/au/journals/IndigLawB/2007/37.html