NT lawyers criticise Aboriginal Justice Agreement for not implementing ‘crucial’ recommendations

The Aboriginal Justice Agreement fails to implement ‘crucial’ recommendations for the benefit of Aboriginal Territorians, according to some legal professionals.

President of the Criminal Lawyers Association of the NT Marty Aust said there were “crucial” reports currently in the hands of government.

THE Aboriginal Justice Agreement, launched by the Territory government last week, outlined a wide-ranging plan to reduce to the high rates of Indigenous incarceration.

Developed over three years, in partnership with Indigenous and non-government organisations, the agreement is the result of more than 160 consultations across more than 120 communities.

While well-received by many, some legal professionals have scolded the agreement and the NT government for not going far enough with legal reforms.

President of the Criminal Lawyers Association of the NT Marty Aust said there are several “crucial” reports currently in the hands of government. Mr Aust said the recommendations of those reports, which include the NT Law Reform Committee’s reports on mandatory sentencing and Aboriginal customary laws, should be fully implemented.

“That could be done with the flick of a pen and appropriate financial commitments both from the NT and the Federal government,” he said.

Mr Aust said not acting on the reports is “akin to ignoring the directions of the CHO and to thumb your nose at Covid-19 lockdowns and laws”.

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“When the NT government ignores expert advice on criminal justice reform, it is putting itself above the general population and it is acting against the interest and benefit of the NT community and risking the safety of all of its constituents,” he said.

Barrister John Lawrence SC, who represented children at the NT Royal Commission into youth justice, slammed the agreement, describing it as “a deceitful betrayal of Northern Territory Aboriginal people and Territorians generally”.

Mr Lawrence said the agreement provides little that is new or effective. “It could but doesn’t raise the age of criminal responsibility from the medieval 10 years of age to 14,” he said.

But Attorney-General and Minister for Justice Selena Uibo defended the “groundbreaking” agreement, saying it will lay the foundations to deliver safer Territory communities. “The priorities of the Aboriginal Justice Agreement are based on what Aboriginal Territorians have told us are important, including local law and justice groups and re-establishing community courts,” she said. “That’s what will lead to change in both the short and long-term.”