This submission provides an overview of law and justice issues relating to Indigenous children, with a focus on juvenile justice, diversionary programs, public order laws, mandatory sentencing schemes as well as Indigenous
community justice mechanisms and partnership agreements in Australia.
For negotiations by the Government with Aboriginal communities regarding the administration and resourcing of
community justice mechanisms and the effective participation of Aboriginal people in justice mechanisms.
Recommendation 8: That the Government adopt the social justice principles from ATSIC's Rights, recognition and reform report as the starting point for negotiations with Aboriginal peoples in the Northern Territory of a justice agreement framework under the 1997 National Summit on Aboriginal Deaths in Custody,
community justice mechanisms and about service delivery arrangements, regional governance and unfinished business, including the recognition of Aboriginal Customary Law.
It should be noted that community consultations primarily with Indigenous women in April 2003 led the Commission to conclude that legislative approaches to facilitate
community justice mechanisms based in the recognition of customary law (such as the establishment of a system of Indigenous tribunals) should not be pursued without adequate modeling at a policy level or without extensive consultation and local level participation of Aboriginal communities.
The Kalkarinji and Batchelor statements call for direct funding arrangements with the federal Government in order to facilitate Aboriginal self - government, and negotiations by the Government with Aboriginal communities regarding the resourcing of
community justice mechanisms.
participating in Indigenous
community justice mechanisms (for example, community justice panels, night patrols, circle sentencing or Aboriginal courts);
ongoing
community justice mechanisms which recognise Indigenous governance models and return control and decision - making processes to Aboriginal and Torres Strait Islander communities
Evaluation of
the community justice mechanisms that would best serve Indigenous people is an important area which, like other forms of community capacity - building, deserves in - depth consideration and investigation over an extensive time period and within a human rights framework.
If there is to be any improvement in the current situation of Indigenous people, more effective
community justice mechanisms need to be developed.
Within this context,
community justice mechanisms form an integral component of Indigenous governance, particularly in addressing the high rates of Indigenous over-representation in the criminal justice system.
Existing
community justice mechanisms will need a greater concentration of human and financial resources over an extended time - frame are to become the basis of greater Indigenous autonomy and governance.
It argues that Indigenous over-representation in the criminal justice system can not be seen in isolation from the broader canvas of Indigenous peoples» socio - economic marginalization, and that the development of
community justice mechanisms must be accompanied by a return of control and decision - making processes to Indigenous peoples.
In this context the development of
community justice mechanisms represents one dimension of advancing Indigenous autonomy and self - government.
Recommendation 6: That the Government ensure that existing
community justice mechanisms are provided greater support at a policy level, including through:
The last two years has also seen the development of
community justice mechanisms for involvement of Indigenous peoples in sentencing.
It is also designed to meet the needs of Indigenous peoples with significant experience working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous
community justice mechanisms and in other similar roles.
A third submission provides an overview of recent developments in the recognition of Indigenous customary law and the development of Indigenous
community justice mechanisms.
Expert seminar on Indigenous Peoples - Issue 3: Recognising Aboriginal customary law and developments in
community justice mechanisms (2003)
It is also designed to meet the needs of Indigenous peoples with an interest in criminal justice issues who are working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous
community justice mechanisms and in other similar roles.
It is also designed to meet the needs of Indigenous peoples with some experience working in Indigenous community organisations, Government departments / agencies relating to juvenile justice, corrective services or care and protection, or participating in Indigenous
community justice mechanisms and in other similar roles.
Not exact matches
«There is no apparent
mechanism for ongoing
community engagement in the process,» Gabrielle Prisco, director of the Correctional Association of New York's Juvenile
Justice Project, told City Limits.
In 2009, the
Justice Policy Institute noted that some states have begun to decrease the size of the prison population — thereby reducing spending — by providing
community - based substance - abuse treatment programs, increasing rehabilitation efforts, improving parole
mechanisms and services, and decriminalizing nonviolent offenses.105 States that intentionally decreased their prison populations saw crime decrease even faster than national averages.106 Other states should consider such reforms.
It is a unique event which will introduce law students, as well as professionals within the legal
community (lawyers, judges, court administrators, etc.) to different IT related themes such as the impact of new technologies (e-discovery and videoconference) on traditional
justice mechanisms and ADR; the role already played by technology in Canadian courtrooms and around the world; as well as a look at what the future holds.
It emphasised the need to build Aboriginal
community capacity and supporting Indigenous governance
mechanisms in order to recognise, strengthen and provide support to Aboriginal Customary Law, particularly within the context of criminal
justice and family violence issues.
There are numerous new initiatives in Australia developing
community based
justice mechanisms for dealing with juvenile and adult offending by Indigenous people.
The relevance of building Aboriginal
community capacity and supporting Indigenous governance
mechanisms in order to recognise, strengthen and provide support to Aboriginal Customary Law, particularly within the context of criminal
justice and family violence issues; and
The Australian Law Reform Commission identified»... the acceptability of the proposals to the local
community as a whole...» as one of four criteria by which the suitability of local
justice mechanisms should be assessed.
Local Indigenous
community justice groups are running in many parts of Australia giving Elders and other important people a role in the
justice system either through formal
mechanisms like the Indigenous court models or broader planning and support.
There are numerous new initiatives in Australia developing
community based
justice mechanisms for Indigenous people which are based on restorative
justice principles.
Recommendation 5: That the Government negotiate with Aboriginal peoples regarding
community justice procedures and the use of alternative dispute resolution
mechanisms and processes that recognise the diversity of Aboriginal and Torres Strait Islander laws that are consistent with all international human rights instruments.
Indigenous
communities already have some of the
mechanisms in place to make
community involvement in
justice reinvestment work.
The
Community Justice Group model aims to provide Aboriginal people with a mechanism for dealing with problems of justice and social control which is consistent with Aboriginal Law and cultural practices as well as utilising aspects of the Anglo - Australian legal
Justice Group model aims to provide Aboriginal people with a
mechanism for dealing with problems of
justice and social control which is consistent with Aboriginal Law and cultural practices as well as utilising aspects of the Anglo - Australian legal
justice and social control which is consistent with Aboriginal Law and cultural practices as well as utilising aspects of the Anglo - Australian legal system.
The NSW Aboriginal
Justice Advisory Committee has proposed the extension of community controlled justice mechanisms to deal with family vi
Justice Advisory Committee has proposed the extension of
community controlled
justice mechanisms to deal with family vi
justice mechanisms to deal with family violence.
Commonwealth, State and Territory governments negotiate with Aboriginal and Torres Strait Islander peoples regarding
community justice procedures and the use of alternative dispute resolution
mechanisms and processes that recognise the diversity of Aboriginal and Torres Strait Islander laws that are consistent with all international human rights instruments.