April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference “ The Child Protection System and Magistrates Courts - A Focus on Indigenous Issues” Pip Shirley Project Officer Magistrates Court of Tasmania

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference The Child Protection System in Australia Reports of concern about wellbeing of child Child Protection notification recorded and assessed Child Protection Investigation Conducted Substantiation Care and Protection Order Other kind of response Dealt with by other means Notification not substantiated Other service provided (including out of home care) Support Service

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Court Processes Children, Young Persons and their Families Act, 1997 (Tas) Two main court orders S 22 – Assessment Order S 42 – Care and Protection Order

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Some Statistics – Applications for Assessment Orders and Care and Protection Orders

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Notifications – Department of Health and Human Services

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Research has shown: - Children and families who come into contact with the protection and support system often share common social and demographic characteristics Over representation of: - Families with low incomes or that are reliant on pensions and benefits Families that experience alcohol and substance abuse or a psychiatric disability Families that have a history of domestic violence

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Indigenous Communities High incidence of child abuse and neglect within Indigenous Communities as compared to non- Indigenous Communities Rate of children 0-17 years on child protection orders at 30 June 2005 Non-Indigenous children 4.3 per 1000 children Indigenous 25.8 per 1000 children

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference The Aboriginal Child Placement Principle Placement with the child’s extended family (Indigenous or non-Indigenous relatives/kin) Placement with child’s Indigenous community Placement with other Indigenous people

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Sentencing Courts for Indigenous Offenders A Brief Overview Applying Restorative Justice Principles in the Sentencing of Indigenous Offenders and Children Judge Sarah Bradley District Court of Queensland AND

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Indigenous Culture Customary law “connotes a body of jural rules and moral evaluation of customary and socially sanctioned behaviour patterns” Robert Tonkinson Actions as diverse as the making of fire…and the avoiding of mothers-in-law are subsumed under djugarura (an established and morally-right order of behaviour” Kenneth Maddock

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Alternative Courts for the Sentencing of Indigenous Offenders Circle Sentencing (NSW) Koori Courts (Victoria) Murri Court (Queensland) Nunga Court (South Australia) Ngambra Circle Sentencing Court (ACT) Community Court (NT) Community Justice Groups (Queensland) Community Justice Panels (Victoria) Yanderra Circle Court (WA) Urban initiativesRural Initiatives

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Urban Initiatives Courts of summary jurisdiction Offender must be indigenous Offence must be admitted or a plea of guilt entered Magistrate retains the ultimate power to impose a penalty after consultation with Elders and respected persons

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Applying Restorative Justice Principles in the Sentencing of Indigenous Offenders and Children Judge Sarah Bradley District Court of Queensland February 2006

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Indigenous Justice Initiatives Over representation of Indigenous people in the criminal justice system Acknowledgement that mainstream Australian methods are not particularly effective in rehabilitation of Indigenous Offenders or as a deterrent to others from committing offences Methods which involve community participation, particularly that of respected Elders, are more culturally appropriate and therefore more likely to be effective

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Community Justice Groups Established in Indigenous Communities The first established in 1993 – currently total 43 in remote and urban areas Vary in size, strength and extent to which they are truly representative Have a legislative base – Aboriginal Communities (Justice and Land Matters) Act 1994 and Community Services (Torres Strait) Act 1984 In sentencing an offender the court must have regard to any submissions made by a representative of a community justice group

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference General Functions Attempt to mediate disputes within communities Work to reduce truancy and encourage parental responsibility for children Attend court and provide both written and verbal reports on offenders Visit community members in prison Assist with the supervision of offenders on community-based orders Ideally given notice of upcoming matters in order that a meeting of parties may be held before the court deals with them and outcomes provided to court

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Other functions Usually consulted on child safety and child protection issues Health professionals consult with them and utilise their experience and expertise Schools In recent years those in remote areas have been expected to formulate alcohol management plans – a very controversial role

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Use of Community Justice Groups for Indigenous Juvenile Offenders Use in Youth Justice Conference Process Involvement of a true community voice Involvement of respected Elders can have a very positive effect on young offender Can be well placed to oversee the completion of any agreement arrived at through the conference Supervise any community based penalty imposed by the Court Communities vary greatly in their capacity go put into practice agreements reached through conferencing

April 2006 South Pacific Council of Youth and Children’s Courts 2006 Tasmanian Conference Papers provided General Information on Indigenous Courts Evaluation of Circle Sentencing in NSW Sentencing Circle Overview and Guidelines Problems and Issues in the recognition of Indigenous Customary Law ACT Magistrates Court – Final Interim Practice Direction – Ngambra Circle Sentencing Court