Revolutionary Aboriginal justice program expanded to Batemans Bay, Illawarra

A revolutionary approach to Aboriginal justice first pioneered by a South Coast court more than two decades ago will be expanded across the state as part of a new funding blitz, with programs to be established in Wollongong and Batemans Bay.

More than two decades after the Aboriginal Circle Sentencing program was first founded on the NSW South Coast, the State Government has announced new funding for the program to be expanded into more than 10 new local courts, including in Batemans Bay and Wollongong.

Unlike traditional court sentencing, Circle Sentencing engages First Nation elders to work with local court magistrates, victims, community, and the family of an offender in determining an appropriate sentence following a criminal conviction.

The idea has proved successful. First piloted in Nowra in 2002, the program has since seen more than 1450 sittings, according to NSW Attorney-General Mark Speakman.

“This approach has been found to reduce rates of imprisonment and reoffending compared to traditional sentencing methods,” he said.

Over four years, Mr Speakman said the NSW Government would invest an additional $20 million in Aboriginal Justice programs aimed at reducing the over-representation of First Nation peoples in the criminal justice system, including $4.2 million for the Circle Program.

NSW Attorney General, Greg Smith, left, with Member for Lismore Thomas George, and Aboriginal Elder and Aboriginal Community Liaison Officer, NSW police, Ros Sten at the Lismore launch of the expansion for the Aboriginal Circle Sentencing Program at Lismore Court House. Picture: Jay Cronan / The Northern Star

Local courts at Penrith, Campbelltown, Wollongong, Broken Hill, Wagga Wagga, Batemans Bay, Waverly, and the Sydney Downing Centre have been earmarked for the Circle Sentencing program, with $5.8M also allocated for youth court and services in Dubbo, Surry Hills, and Parramatta.

A further $9.8 million will also be spent on a new Justice Reinvestment pilot, which aims to divert people away from the criminal justice system by investing in evidence-based community-led programs addressing the “underlying causes of crime”.

The program is currently operating in Bourke.

For Aboriginal elder Uncle John Bolt, the expansion of the Circle Sentencing was a point of pride.

Mr Bolt currently works at the Nowra Community Mental Health clinic, and said he was honoured to have been part of the program.

“Over the past 20 years, it’s been really strong and positive,” he said.

“It has given out community the opportunity to see our young people get a better start in life and stop being incarcerated.”

Batemans Bay Local Court will be one of more than 10 courts to receive a Circle Sentencing program.

The Aboriginal Legal Service for NSW and the ACT welcomed the investment as a “positive step” towards closing the gap through programs prove to be successful.

“Prisons only cause harm and trauma, but we have alternatives that actually work,” ALS CEO Karly Warner said.

“The Youth Koori Court and the Circle Sentencing Program not only keep Aboriginal people in community rather than in prisons, but they open up access to counselling and services that address the underlying causes of offending.

“These processes allow Aboriginal people and communities to participate in sentencing decisions, which in turn helps to address the well-founded distrust that many Aboriginal people have in the criminal legal system.”

Ms Warner said the ALS was looking forward to working with the NSW Government to ensure the newly announced initiatives were effective, and expressed hope that the NSW Government will continue working with the ALS on further initiatives to reduce Aboriginal over-representation in custod.

“We are pleased to receive funding enabling our participation in the new Dubbo Youth Koori Court, but we are yet to be informed of resourcing to enable ALS participation in the eight new circle sentencing locations,” Ms Warner said.

“It is critical that ALS specialist lawyers and Aboriginal community-controlled organisations are available for Aboriginal people participating in these programs.

“There are so many promising opportunities in the Closing the Gap process to work together as Aboriginal community-controlled organisations and Government, ensuring that we transform the justice system to be fairer for everyone.

“Our Aboriginal community-controlled organisations are best placed to deliver the services that will ensure Aboriginal people are strong in community and in culture.”