Campaigns
Juvenile Justice
NSW ANTaR has recently release a statement regarding the NSW Review of Juvenile Justice. Take a read of it NSW Response (PDF 26k),
Tranby Aboriginal College
As many of our supporters are aware, Tranby has been suffering from financial difficulties since it was targeted by the previous Federal Government with passage of the Indigenous Education Act. It suffered a reduction of funding in the order of $200K each year between 2005 and 2009 when funding ceased.
Tranby has made a valiant effort to maintain the range and relevance of the courses it offers in the face of this budget reduction. It has shown flexibility and imagination in its attempts to continue to deliver culturally sensitive and relevant courses to Aboriginal people from NSW and interstate.
ANTaR NSW urges our supporters to write letters to the Hon Julia Gillard and the Hon Verity Firth asking them to give every consideration to Tranby's situation and to recognise the importance of its work as a specialist Indigenous education provider by restoring a level of funding that will keep this important institution viable.
ANTaR NSW has a proforma letter you may wish to use. Please contact us and we will send it to you.
ANTaR NSW is particularly concerned at the rate of incarceration of Indigenous young people.
We welcome Minister Graham West’s announcement of a review of the state’s juvenile justice system to investigate why NSW has an incarceration rate more than four times that of Victoria.There has been recent press coverage about legislative amendments which have led to dramatic increases in the number of Indigenous young people in jail. Under amendments in recent years to the Bail Amendment (Repeat Offenders Act) 2002 and the Law Enforcement Legislation Amendment (Public Safety) Act 2005, the presumption in favour of bail for a wide range of people has been removed and repeat offenders (who are often Indigenous people committing minor offences) are refused bail. In addition, offenders breaching bail conditions are jailed, even if the offence does not carry a custodial penalty. Bail conditions for juveniles, (especially Indigenous juveniles) are often far more onerous and closely supervised than for adults. Conditions may include curfews and requirements to stay at home with family even when that situation is unsuitable. Current bail conditions allow for thousands of children to be incarcerated prior to their trials. In many cases these young people are subsequently found not guilty. The impact of this falls particularly heavily on Indigenous young people so that, for example, half the girls under 18 in detention are Indigenous. ANTaR NSW is seriously concerned about this.
A large proportion of arrests and imprisonment of Indigenous people are for offences committed under the influence of alcohol or other drugs. However research by the National Indigenous Drug and Alcohol Committee of the Australian National Council on Drugs shows that young Indigenous offenders are:
more likely than non Indigenous defendants to be refused bail and to be unable to meet bail conditions
far less likely to be diverted into treatment than their non Indigenous counterparts.
It appears that discrimination in the system leads to Indigenous young people being apprehended at younger ages than non Indigenous people (subsequently leading to criminal records earlier on in life). They are also disadvantaged because of issues around police discretion and a lack of diversion programs in areas where they live. Bail conditions for juveniles, (especially Indigenous juveniles) are often far more onerous and closely supervised than for adults. Conditions may include curfews and requirements to stay at home with family even when that situation is unsuitable. Current bail conditions allow for thousands of children, many of whom are Indigenous, to be incarcerated prior to their trials. In many cases these young people are subsequently found not guilty.
Further, Indigenous young offenders, under the Young Offenders Act 1997 are far less likely to be diverted into treatment due to discrimination in the system which leads to Indigenous young people being apprehended at younger ages than non Indigenous people (subsequently leading to criminal records earlier on in life) as well as issues around police discretion and a lack of diversion programs in areas where they live. ANTaR NSW believes that special consideration needs to be given in the review of opportunities to divert Indigenous young people from the justice system into culturally appropriate, Aboriginal managed health services. There was clear evidence given to the NSW Legislative Council Inquiry into Indigenous Disadvantage that culturally appropriate Aboriginal community controlled services are likely to be the most successful interventions for Indigenous young people.
The NSW Bureau of Crime Statistics attributes rising incarceration rates not on increased crime, but on tougher sentencing and the new bail laws. Aboriginal people comprise 2% of the NSW population but 20% of the prison population. This is a situation of concern to all of us and ANTaR NSW believes it is imperative that the review that has been announced addresses this appalling situation. For further information on Indigenous incarceration see the Indigenous Social Justice Association website
Update on Stolen Wages in NSW
The NSW Aboriginal Trust Fund Repayment Scheme was set up in 2005 with an advisory panel chaired by Aden Ridgeway and administered by a unit (the ATFRS Unit) in the Department of Premier and Cabinet, which makes recommendations to the Minister for Aboriginal Affairs, following guidelines published in February 2006.
Changes to the scheme were announced in March 2009, which were finally spelled out in detail in amendments to the original guidelines published in June 2009. The most important change was to abolish attempts to assess the exact amount owing in each case. Instead successful claimants would each receive a standard lump sum of $11,000. The Minister and advisors would retain some discretion to depart from the guidelines in particular cases.
Applications under the scheme closed on May 31st 2009, but continued to be assessed under the older guidelines until October 2nd 2009. After that date applications that had not been finalised would be eligible only for the standard lump sum, unless an application was made before that deadline to continue to be assessed under the original guidelines. In response to protests by lawyers the government has extended the deadline to October 16th. This is not satisfactory.
It seems that the Government is determined to close the scheme by the end of the year, but it is by no means clear that either the Aboriginal community or legal opinion is satisfied that justice has been done.
From the late 1890s up until 1969, the Aborigines Protection Board (later the Aborigines Welfare Board) collected money on behalf of some Aboriginal people who came under its control and put this money into ‘Trust Accounts’ for them. Much of this money was never paid out. Some disappeared into government revenue through poor or non-existent record keeping and some is presumed to have been embezzled by officials.
The Aboriginal Trust Fund Repayment Scheme (ATFRS) was established in 2005 to repay to Aboriginal people and their descendants money that was put into Trust Funds and never repaid. The Scheme is a repayment, not reparations scheme. While the un-refunded money is often referred to as “stolen wages”, the scheme does not deal with claims about the underpayment or non-payment of wages to Aboriginal people more generally. Nor does it deal with un-paid Commonwealth benefits, such as child endowment. The NSW scheme seeks to look to the evidence and repay what trust account money can be shown to be owed. Unlike the Queensland scheme, an application under the New South Wales Scheme does not prevent any future legal action. In late 2008 the NSW Government announced a second extension of the closing date to 31 May 2009 and some other changes to the scheme.
Under the changes, a lump-sum repayment of $11,000 can be recommended by a review panel; all applications rejected so far are being reviewed; claims with no records are to be rechecked and any payment of less than $11,000 will be topped up to that amount. Oral and non-documentary evidence is now allowed.
Commentary on the scheme
Cut off date for claims
Because the Scheme is intended to return money which was withheld because of deliberate policy, neglect or embezzlement by officials, some advocacy groups say it was unreasonable to set an arbitrary closing date for claims which arise from an unconscionable act of the State.
Cap on payments
The $11,000 at which lump sum payments are capped represents the average payment made from the scheme before the changes. Previous payments are being topped up to $11,000. However, if subsequent further evidence emerges about an individual claim, no additional payment will be made.
Recourse to legal action
The NSW Government stresses that, unlike the Queensland scheme, NSW payments are made ex-gratia by the Minister and no claimant is required to waive any future rights or actions. In reality, the opportunity for successful further legal action may prove to be limited, especially for descendants, because of the standard of evidence which a court would require and the costs involved. Whether a claim would be considered by a court so many years after the event has yet to be tested.
Publicity
Publicity about the scheme has been criticised as inadequate and failing to reach potential claimants, especially descendants who may not have been able to prepare a claim before the cut off date.
During the final weeks before the closing date the ATFRS made an attempt to improve the level of awareness among possible claimants about the scheme and the closing date, with advertisements in metropolitan, Indigenous and key regional and suburban newspapers, ads on the National Indigenous Radio Network and publicity through key e-mail networks.
Progress
No reliable information is available about how many people were owed money from trust accounts, but estimates of up to 4,000 people have been made. A consultant to the Government originally estimated the State’s liability at between $2 million and $70 million.
Before the changes to the scheme only one in three claims succeeded because much of the evidence, held by government agencies, did not exist or was lost.
The NSW Public Interest Advocacy Centre (PIAC) believes that about 2000 descendant claimants were yet to be processed (May 2009) and that most claimants are unrepresented because of severe limits on legal aid. ATFRS says its priority has been to deal with living claimants first.
As of early May, 2009:
793 direct claims had been registered;
584 direct claims had been dealt with;
all previously completed claims are being reviewed under changes to the scheme;
$1.45 million had been repaid, including top up payments to direct claimants;
3,342 people had registered for descendant claims on 2,400 deceased ancestors’ trust accounts
ATFRS reports that it has had a large number of claims submitted before the cut off date and the above figures should now change significantly. AFTRS does not publish statistics but it says it will consider placing information about the numbers of claims received, processed and settled and the amounts paid out on its website
Inquiry into Overcoming Indigenous Disadvantage
The Legislative Council and the Social Issues Committee has undertaken an inquiry into Indigenous disadvantage. The inquiry specifically aims to address the life expectancy gap between Indigenous people and non Indigenous people
The Government has now made its reponse to the Inquiry. Take a read of it
Take a read of the final report
ANTaR NSW Response to the NSW Upper House Inquiry into Indigenous Disadvantage
How many times to Aboriginal people have to keep telling? People keep asking and we keep telling but nobody is listening to what we are saying and that is frustrating. (Jack Beetson, quoted in the Final Report on Overcoming Indigenous Disadvantage in NSW).
In the Final Report of the NSW Upper House Inquiry into Indigenous Disadvantage, the Chair, Ian West, noted that the recommendations build on existing frameworks and tools rather than creating something new. It was stated that the framework to address Indigenous disadvantage is in existence – the State Plan, the Two Ways Together Partnership Community Engagement strategy, and the Interagency Plan to tackle child sexual assault. The tools are also there – Aboriginal community organisations, Elders, and government and non-government agencies, policies and programs. What is needed is a radical change in the way government engages with Indigenous communities.
The Final Report outlines a number of key areas and recommendations based around ensuring that effective partnerships between Government and Aboriginal communities exist, and coordinated service delivery is key, that long term funding for programs is essential, and that the education of non Indigenous people regarding Indigenous cultures is important. ANTaR NSW recognises the importance of effective and meaningful partnerships, coordinated service delivery, and long term funding and we endorse the principles established by the reports recommendations in regards to the following:
the need for long term, rather than short term ad hoc funding of programs (including the interagency plan for implementation of the Breaking the Silence Report)
the involvement of Indigenous community in identification of need, operation of programs and evaluation
Transparent and meaningful monitoring and reporting.
ANTaR NSW sees that Government has an important role in overcoming Indigenous disadvantage. It is essential for Government to involve Aboriginal communities in assessing the effectiveness of Government programs. Similarly genuine partnership is essential in addressing disadvantage. Local communities and Elders need to be included in consultation and in decision making regarding the governance of their communities. The coordination of service delivery is required at many levels including at regional and local levels. This would allow for services and community representatives to determine the best way of delivering services together.
It is necessary for the recommendations made by the Inquiry to be addressed by Government. These recommendations broadly relate to the closing of the life expectancy gap between Aboriginal and non Aboriginal people.
ANTaR continues to call on the Government to:
1) Negotiate a Statement of Intent with Indigenous health and health-determinant leaders and organisations in the state.
2) Provide a response in regards the recommendations in the Final Report relating to Aboriginal peoples access to high quality, primary health care. The Government needs to develop a costed and measurable action plan to ensure these barriers are overcome by 2018.
3) Consider how greater self determination can be encouraged and supported in NSW Aboriginal communities.
4) Develop policy that improves the training, recruitment and retention rates of Aboriginal doctors, nurses, dentists and allied health workers
5) Provide a public analysis of the extent to which the Interagency Plan to Tackle Child Sexual Assault in Aboriginal Communities has been effective
These are necessary measures to ensure that Indigenous disadvantage is addressed.New South Wales is home to nearly a third of all Aboriginal people in Australia.
To address Indigenous disadvantage nationally, NSW must become a major arena for change.
That is why ANTaR NSW works hard to raise awareness and lobby NSW State Government. You can help!
Stolen Generations
Take a read of Tom Calma's response to the Government's National Apology to the Stolen Generations.
Health and Welfare Report
The Australian Institute of Health and Welfare has released a new report. The report gives an overview of the health and welfare of Aboriginal and Torres Strait Islander peoples, analysing population demographics, housing, disability and carer services and education.
Take a read of the report and check out Jenny Macklin's (Minister for Indigenous Affairs) response.
Racism Makes Me Sick
Did you know racism directly damages health? Help stop the Indigenous health crisis.
Help stop the abuse of Aboriginal children in NSW
The New South Wales Government recently refused to fund a major new program to tackle child abuse in Aboriginal communities.
The program was developed in response to Breaking the Silence, a 300 page report on child abuse in Aboriginal communities commissioned by the Attorney General and written by a task force headed by Aboriginal leader, Marcia Ella-Duncan.
The report found that child abuse in Aboriginal communities had reached "epidemic proportions", with child sexual assault up to four times the rate of the general population.
The Government response makes sense, but the plans need to be funded. Both the NSW Government and Opposition have refused to provide the funds because these are Aboriginal children at risk and so they don't think that enough voters will care.
Help us prove them wrong - take action today!
Sea of Hands
The Sea of Hands is a vibrant force representing the 'people's movement' of ordinary Australians who want to see genuine Reconciliation. If you would like to hire the Sea of Hands please contact us. Take a look at the Sea of Hands installation at the Sea of Hands 10th Anniversary at Victoria Park
Check out how other people have used the Sea of Hands, like the NSW Aboriginal Land Council and the Koori Centre at Sydney University
Reconciliation in Parliament
ANTaR NSW, in association with the NSW Reconciliation Council, Sydney Friends of Myall Creek and ReconciliACTION NSW host the Reconciliation in Parliament series. The series provide a forum for parliamentarians to engage with issues affecting Aboriginal people in NSW.
Take a read of speech given by Professor Judy Atkinson (Doc 45.5k), Southern Cross University at a Reconciliation in Parliament forum.