NSW peak legal bodies push for Indigenous justice funding boost

The peak bodies for NSW solicitors and barristers are calling on the next NSW Government to inject funding into Indigenous justice initiatives, including to save the Aboriginal Legal Service from “breaking point” and divert people away from the prison system.

The Presidents of the Law Society of NSW and NSW Bar Association are backing pleas from the CEO of the NSW and ACT ALS Karly Warner ahead of the state election on Saturday 25 March.

“While NSW has invested in the expansion of courts and positive initiatives like circle sentencing, we’ve seen little to no reciprocal investment in ALS core services,” Warner said.

“Our ability to provide legal representation was already stretched and now it’s at breaking point. The result is that Aboriginal people are still left without safe, equal access to justice.

“We all want to see a legal system that actually delivers justice, and for Aboriginal people, that depends on having culturally safe legal representation.”

The ALS assists Aboriginal and Torres Strait Islander men, women and children through representation in court, and provides advice and information, prisoner support while inside and when people are leaving prison, as well as referral to further support services.

The ALS receives a mix of Commonwealth and State funding, but Warner said the organisation desperately needs a “top up” so it can keep up with the growing demand for its services, including the 24-hour Custody Notification Service which is staffed by a solicitor every day of the year.

By law, the police must notify the ALS whenever an Aboriginal person is arrested due to suspicion of committing an offence or after being taken into protective custody due to intoxication.

Diverting Aboriginal people away from imprisonment into more effective, community-based solutions is a key advocacy area in the Law Society of NSW’s State Election Platform.

President of the Law Society of NSW Cassandra Banks said although there has been progress on some Closing the Gap targets, the overrepresentation of Aboriginal adults, particularly women, in the criminal justice system continues.

“We simply cannot close this gap without guaranteeing culturally effective legal support for those who find themselves in the system. The most culturally effective providers for Aboriginal people are Aboriginal community controlled legal services,” Banks said.

NSW Bar Association President Gabrielle Bashir SC also called on the next NSW Government to commit to a Walama Court, not just a Walama List. The Walama List, piloted in the District Court in early 2022, hopes to drive down recidivism and provide Indigenous offenders with a more culturally specific and holistic approach to sentencing by bringing Indigenous elders and community members into discussions with the courtroom judge.

“A Walama Court would cement with committed funding the opportunity for eligible First Nations people to be sentenced in a way that involves wrap around services to target support and to reduce any prospect of reoffending,” Bashir said.

“Elders and other respected community members take part in the sentencing process alongside a judge, driving home to offenders not only the harm of their actions but the right path away from crime

“The high rates of First Nations deaths in custody remains a national disgrace and affected families need support navigating the legal system. This all means properly resourcing effective reform measures and the Aboriginal Legal Service who are on the frontline for First Nations people each and every day.”