Aboriginal people Contents

11. Aboriginal people ...... 11.0.3

11.1 Aboriginal Benchbook for Western Australian Courts...... 11.1.1

11.2 Further information or help ...... 11.2.1

11.2.1 general ...... 11.2.1

11.2.2 Court liaison officers ...... 11.2.1

11.2.3 Family Court indigenous Family liaison officers...... 11.2.2

11.2.4 Aboriginal legal service of Western (AlsWA)...... 11.2.2

11.2.5 AlsWA Court officers ...... 11.2.4

11.2.6 indigenous Coordination Centres (iCC) ...... 11.2.5

11.2.7 Aboriginal visitors scheme (Avs) ...... 11.2.6

11.2.8 Aboriginal Alternative dispute resolution services (AAdrs)...... 11.2.6

11.2.9 victim support services...... 11.2.7

11.2.10 Child Witness service...... 11.2.7

11.2.11 indigenous Women’s Congress of WA (iWC)...... 11.2.8

11.2.12 Aboriginal language Centres and interpreting services in ...... 11.2.8

11.3 Further reading/viewing...... 11.3.1

11.4 Your comments...... 11.4.1

11.0.2 AboriginAl people november 2009 - First edition 11 AboriginAl people

Many Aboriginal people coming into contact with the courts and the justice system suffer from a variety of social and economic disadvantages including low income, substance abuse, homelessness, semi-itinerant lifestyles, family disruption as a result of government policies such as those resulting in the , and poor education and health. All of these factors create barriers to full participation in non-Indigenous society. Statistics show that Aboriginal people continue to be grossly over-represented in many aspects of the justice system, including Western Australia’s prisons and juvenile detention facilities.

In response to the grave concerns held by the judiciary about the continuing over-representation of Aboriginal persons in Australian criminal justice systems, the Australasian Institute of Judicial Administration commissioned the development of an Aboriginal Benchbook for Western Australian Courts, first published in 2002.

The Steering Committee which had oversight of the development of this Bench Book does not propose here to address the issues so comprehensively addressed in the recently revised Aboriginal Benchbook for Western Australian Courts.1 Instead, other than providing a brief background to the development of that Benchbook, the focus of this chapter is on references to further information and reading, which the Steering Committee hopes will be of assistance to judicial officers and complement the detailed material already available in the Aboriginal Benchbook for Western Australian Courts.

The Steering Committee would like to acknowledge the following submissions and contributions: • Ms Hannah McGlade (28 March 2007);2 • Law Reform Commission of Western Australia (17 April 2007);3 • Department of Indigenous Affairs (8 May 2007);4 and • Magistrate Catherine Crawford (10 June 2009).5

1 Fryer-smith s, The Aboriginal Benchbook for Western Australian Courts (2nd ed) (2008), available at: www.aija.org.au/index.php?option=com_content&task=view&id=436&itemid=165 (accessed 11 June 2009). 2 ms mcglade submitted a copy of her article, “Aboriginal women, girls and sexual assault” (2006) 12 ACSSA Newsletter 6, available at: http://apo.org.au/research/aboriginal-women-girls-and-sexual-assault (accessed 11 June 2009). issues raised, specifically the disadvantages faced by Aboriginal women generally and within the mainstream legal system, and the administration of Aboriginal and torres strait islander services in particular, are discussed in chapters 7 and 8 of the Aboriginal Benchbook for Western Australian Courts, and in sections 8.1.6 (specific issues regarding additionally disadvantaged self-represented people), 10.3.3.4.1 (Aboriginal women) and 13.2.2.5 (Family violence prevention legal services) in this Bench Book. 3 information about Aboriginal history, culture and customs, raised by this submission, can be found in chapters 3 and 4 of the Aboriginal Benchbook for Western Australian Courts. 4 issues raised by this submission are addressed in the Aboriginal Benchbook for Western Australian Courts; see chapter 4.2 on the disproportionate rate of imprisonment and the nature of Aboriginal offending, in particular with reference to driving-related offences; and chapters 4.4 and 5 for information about language issues and how these can be addressed. see also section 9.3.2.1.2 of this Bench Book and the report of the Committee to explore the effect of motor driver’s licence and driving laws on remote Communities, Indigenous Licensing and Fine Default: A Clean Slate (2007), for more detail on the extent and impact of driving-related offences for Aboriginal people from remote communities in WA. 5 information about language issues and how these can be addressed, raised by this submission, can be found in section 9.3.3.4.1 of this Bench Book and chapters 4.4 and 5 of the Aboriginal Benchbook for Western Australian Courts. november 2009 - First edition AboriginAl people 11.0.3 11.0.4 AboriginAl people november 2009 - First edition 11.1 Aboriginal Benchbook for Western Australian Courts

The commissioning of the first Aboriginal Benchbook for Western Australian Courts was informed by the recommendation of the Royal Commission into Aboriginal Deaths in Custody that judicial officers participate in appropriate cross-cultural training and development programs. These programs were to be designed to explain contemporary Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non-Aboriginal communities today.6 The Royal Commission into Aboriginal Deaths in Custody found that it was critical that non- Aboriginal people change their attitudes towards Aboriginal people: Non-Aboriginal Australia must face the fact that for a very long time we have proceeded on the basis that Aboriginal people were inferior, were unable to make decisions affecting themselves, that we knew what was best for them, that we had to make decisions affecting them; it became second nature for us to have that attitude. It is very easy for us to adopt that attitude without even being aware that we are adopting it. This is true both for public officials and for private persons. It is an attitude which is very deeply resented by Aboriginal people, as would, indeed, be by us if [the] roles were reversed. I say very frankly that when I started upon my work in this Commission I had some knowledge of the way in which broad policy had evolved to the detriment of Aboriginal people and some idea of the consequences. But, until I examined the files of the people who died and the other material which has come before the Commission and listened to Aboriginal people speaking, I had no conception of the degree of pin-pricking domination, abuse of personal power, utter paternalism, open contempt and total indifference with which so many Aboriginal people were visited on a day to day basis. It is hard to convey the understanding because each particular story takes time and space to tell. Some of the stories are contained in the individual case reports. Let me refer to just two. I quote … the letter of a protector in Queensland who was quite shocked to receive a request from a newly-married Aboriginal woman to have from her bank account, of which he was trustee, four- fifths of her week’s earnings, even though he acknowledged that her employer — who was going to do the shopping — would be very careful in the disbursement of her money. He refused the request but as it was Christmas allowed here a little of her own money “to buy lollies with” (for which she had not asked). In one of the cases that I inquired into, a young boy was put in an institution because he kept running away from his home where there was a lot of domestic strife. He wanted to go to the home of his sister, a married woman, who lived on a reserve. The sister and her husband are to this day leading members of the community. The superintendent refused the lad permission to come on to the reserve to join his sister. His reasons included that the couple were thought to keep some beer in the fridge — at a time when it was lawful for them to do so — and they had some household items on hire-purchase, including a TV… This petty tyranny, escalating to interference with the most fundamental of rights to practise one’s own culture, one’s own religion, to parent one’s own children is deeply resented. Any assumption of superiority, any attitude of knowing what is best for Aboriginal people produces a negative reaction and endangers the process of consultation and negotiation…

6 Johnston e, Royal Commission into Aboriginal Deaths in Custody: National Report (1991) recommendation 96, available at: www.austlii.edu.au/au/other/indiglres/rciadic/national/vol3/44.html (accessed 11 June 2009). november 2009 - First edition AboriginAl people 11.1.1 Commissioner Dodson speaks of the need for a maturing of the relationship between Aboriginal and non-Aboriginal people; a deeper understanding of how each sees the other and why; a bringing out of the common ground between us — the centrality of being human beings. He suggests that as Aboriginal people need time space and distance for thinking through their position, perhaps non-Aboriginal Australia needs to take some time to think through its position in relation to Aboriginal people, to ask ourselves whether we have not stereotyped Aboriginal people, whether as noble savages, scroungers, horsemen, child-like persons, servants or people addicted to alcohol.7 Since 2002, the concerns which prompted the commissioning of the first edition of theAboriginal Benchbook for Western Australian Courts, and the disproportion of Aboriginal representation in the Western Australian criminal justice system, have increased significantly; and a second edition of the Benchbook was published in late 2008. Aboriginal people currently comprise 3.8% of the total State population,8 but more than 40% of the adult prison population and over 70% of juveniles held in detention.9

In his Foreword to the revised edition of the Aboriginal Benchbook for Western Australian Courts the Chief Justice of Western Australia stated that “The gross over-representation of Aboriginal people in the criminal justice system of this State challenges our notions of equality before the law”.

As noted in that Benchbook, in the years since the first edition was published, reports, including Putting the Picture Together, Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities (the Gordon Report), Little Children are Sacred and Overcoming Indigenous Disadvantage: Key Indicators 2007 have highlighted the social, cultural and economic marginalisation of Aboriginal people, and the decline of traditional cultural authority, which lie at the heart of Aboriginal offending. It is notorious that in 2007 the alarming incidence of dysfunction, domestic and child abuse and suicides in Aboriginal communities in the Kimberley region of Western Australia (and in other parts of northern Australia) prompted emergency Governmental intervention to protect the women and children in those communities, and to prosecute perpetrators of abuse. The continuing high Aboriginal crime rate, the contents of wide-ranging reports and the unprecedented Governmental interventions in Aboriginal communities clearly signal the urgent need for all Australians to strive for Aboriginal societal, economic and cultural gains.10 Significantly, too, over the same years, the Law Reform Commission of Western Australia (LRCWA) concluded its inquiry into Aboriginal Customary Laws. In its submission in relation to this Equality before the Law Bench Book, the Law Reform Commission stated that it had found, amongst other things, that the issue of overrepresentation of Aboriginal people in custody must be addressed not only for the general welfare of Aboriginal people but also to ensure that the criminal justice system did not further contribute to the destruction of Aboriginal culture and law.11

7 Johnston e, QC, Royal Commission into Aboriginal Deaths in Custody: National Report (1991) 1.7.23-1.7.32, available at: www.austlii.edu.au/au/other/indiglres/rciadic/national/vol1/21.html (accessed 11 June 2009). 8 Abs, Population Distribution, Aboriginal and Torres Strait Islander Australians, 2006, Cat no 4705.0 (2007), available at: www.abs.gov.au/AUsstAts/[email protected]/detailspage/4705.02006?opendocument (accessed 15 July 2009). 9 department of Corrective services, Monthly Graphic Report July 2009 (2009), available at: www.correctiveservices.wa.gov.au/o/offendermanagement_stats.aspx?uid=5318-6510-1057-2784 (accessed 15 July 2009). 10 Fryer-smith s, The Aboriginal Benchbook for Western Australian Courts (2nd ed) (2008) 1:1, available at: www.aija.org.au/index.php?option=com_content&task=view&id=436&itemid=165 (accessed 11 June 2009). 11 submission from the law reform Commission of Western Australia (17 April 2007).

11.1.2 AboriginAl people november 2009 - First edition The Law Reform Commission found that Aboriginal customary law governs all aspects of Aboriginal life, establishing a person’s rights and responsibilities to others and therefore must be taken into account when Aboriginal people come into contact with the justice system.12

The revised edition of the Aboriginal Benchbook for Western Australian Courts provides broad descriptions of traditional and contemporary Aboriginal society, culture, language and law; it suggests ways of addressing the language and communication issues which can arise in court proceedings involving Aboriginal people; and it discusses relevant legal principles relating to pre- trial and criminal proceedings and sentencing. The Benchbook also incorporates references, where appropriate, to the LRCWA’s Aboriginal Customary Laws: Final Report and its earlier Discussion Paper. As with the first edition, Western Australian judicial officers have kindly provided comments, examples of sentencing notes and other materials for inclusion in the Benchbook… Finally, and consistent with the approach of the LRCWA in its Aboriginal Customary Laws: Final Report, the Benchbook seeks to demonstrate the extent to which the Western Australian legal system has the capacity, where appropriate, to recognise the significance of Aboriginal law and culture within the context of Anglo-Australian criminal proceedings.13

The Aboriginal Benchbook for Western Australian Courts is available in electronic format from the Supreme Court of Western Australia website and the website of the Australasian Institute of Judicial Administration.14

12 submission from the law reform Commission of Western Australia (17 April 2007). 13 Fryer-smith s, The Aboriginal Benchbook for Western Australian Courts (2nd ed) (2008) 1:2, available at: www.aija.org.au/index.php?option=com_content&task=view&id=436&itemid=165 (accessed 11 June 2009). 14 Available at: www.supremecourt.wa.gov.au/content/procedure/indigenous.aspx (accessed 11 June 2009) and www.aija.org.au/index.php?option=com_content&task=view&id=436&itemid=165 (accessed 11 June 2009). Hard copies can be ordered from the Australasian institute of Judicial Administration: level 1, 472 bourke street, melbourne vic 3000, phone: 03 9600 1311, Fax: 03 9606 0366, email: [email protected]; website: www.aija.org.au/. november 2009 - First edition AboriginAl people 11.1.3 11.1.4 AboriginAl people november 2009 - First edition 11.2 Further information or help

11.2.1 General

Refer to section 4.3.2 of the Aboriginal Benchbook for Western Australian Courts for a brief outline of Western Australian and Commonwealth government initiatives which may be available to assist members of the Aboriginal community.

11.2.2 Court Liaison Officers

Aboriginal Court Liaison Officers (ALOs) are employed by the Department of the Attorney General. The role of these officers is to support Aboriginal people and help them through the court system. ALOs are available to help: • explain to people how the courts work; • get people ready for court; • provide advice and assistance in managing fines; • organise access to other court support services; and • provide advice and information to judicial officers and court staff about Aboriginal culture. Aboriginal Court Liaison Officers are available at the following courts: Metropolitan

Perth Magistrates Court (08) 9425 2419 Perth Children’s Court (08) 9218 0815 Regional

Albany Court (08) 9845 5200 Broome (08) 9192 1137 Carnarvon Court (08) 9941 1082 Kununurra (08) 9168 1011 South Hedland (08) 9172 9300 Roebourne (08) 9182 1281

november 2009 - First edition AboriginAl people 11.2.1 11.2.3 Family Court Indigenous Family Liaison Officers

The Family Court of Western Australia has its own Indigenous Family Liaison Officers (IFLO). The IFLOs are available to help by: • assisting family consultants and judicial officers in their ongoing management of cases involving Indigenous families; • participating in case assessment conferences; • liaising with individual families, giving evidence and providing ongoing information and support; and • providing advice to the court on relevant policy and practice issues impacting on service delivery for Indigenous people experiencing separation and family breakdown. The Indigenous Family Liaison Officers can be contacted at: Family Court of Western Australia Phone: (08) 9224 8248

11.2.4 Aboriginal Legal Service of Western Australia (ALSWA)

ALSWA Office Locations and Contact Details perth Kalgoorlie Chief Executive Officer 42 Maritana Street 7 Aberdeen Street Kalgoorlie WA 6430 East Perth WA 6004 Phone: (08) 9021 3666 Phone: (08) 9265 6666 Freecall: 1800 016 791 Freecall: 1800 019 900 Fax: (08) 9021 6778 Fax: (08) 9221 1767

Albany Kununurra Shop 13, The Link 81 Konkerberry Drive 24 St Emilie Way Kununurra WA 6743 Albany WA 6330 Phone: (08) 9168 1635 Phone: (08) 9841 7833 Freecall: 1800 016 715 broome laverton Unit 1, 7 Napier Terrace Shop 2, Laver Place Broome WA 6725 Laverton WA 6440 Phone: (08) 9192 1189 Phone: (08) 9031 1156 Freecall: 1800 351 067

11.2.2 AboriginAl people november 2009 - First edition bunbury meekatharra Unit 7, Koombana Court 7 Main Street 141 Victoria St Meekatharra WA 6642 Bunbury WA 6230 Phone: (08) 9981 1712 Phone: (08) 9791 2622 Freecall: 1800 630 375

Carnarvon newman 58 Robinson Street Unit 2/20 Hilditch Avenue Carnarvon WA 6701 Newman WA 6753 Phone: (08) 9941 1534 Phone: (08) 9175 0764 Freecall: 1800 645 942 derby northam 47 Loch Street 125A Fitzgerald Street Derby WA 6728 Northam WA 6401 Phone: (08) 9191 1407 Phone: 9622 5933 Freecall: 1800 442 015 Fax: (08) 9622 5006

Fitzroy Crossing roebourne Shop 7 Harding Street Tarunda Shopping Complex Roebourne WA 6718 Fitzroy Crossing WA 6765 Phone: (08) 9182 1107 Phone: (08) 9191 5147 Freecall: 1800 016 786 geraldton south Hedland 73 Forrest Street Unit 7, Lotteries House Geraldton WA 6530 Leake Street Phone: (08) 9921 4938 South Hedland WA 6722 Freecall: 1800 016 786 Phone: (08) 9172 1455 Freecall: 1800 650 162 Halls Creek Office 7, Halls Creek Community Resource Centre Thomas Street Halls Creek WA 6770 Phone: (08) 9168 6156

november 2009 - First edition AboriginAl people 11.2.3 11.2.5 ALSWA Court Officers15

Court Officers are Aboriginal people employed by ALSWA. One of the main duties of an ALSWA Court Officer is to represent Aboriginal and Torres Strait Islander people in criminal matters in the Magistrates Court and Children’s Court. A Court Officer’s authority to appear in court comes from a certificate granted under s 48 of the Aboriginal Affairs Planning Authority Act 1972 (WA). ALSWA’s Court Officer Unit is headed by a Unit Manager, who is based in ALSWA’s head office at Perth and is responsible for all Court Officers in Western Australia. There are several Court Officers based in Perth and one in each of ALSWA’s regional offices. In someof those regional offices, the Court Officer is also the Office Manager. Most Court Officers employed in ALSWA’s regional offices are from local communities. They therefore have a full understanding of local issues; and some may understand local languages, or some words in one local language. Note, however, that Court Officers are not interpreters. ALSWA’s Court Officers in regional areas, especially remote regional areas such asHalls Creek, Roebourne and Newman, are often the only local permanent legal service. They are therefore on call 24 hours a day, seven days a week, and deal with all aspects of the legal system in Western Australia, including criminal law, family law, civil law and human rights matters. Court Officers can be contacted via any of ALSWA’s regional offices, or through the Perth office during normal office hours (see 11.2.4). In emergency situations for criminal law matters, the after hours contact number for metropolitan Court Officers is(08) 9265 6644. This number is available from 5pm – 8.30am on weekdays and 24 hours a day on weekends and public holidays.

15 drawn from Aboriginal legal service of Western Australia inc, “Court officers” (2005), available at: www.als.org.au/History.html#Courtofficers (accessed 11 June 2009).

11.2.4 AboriginAl people november 2009 - First edition 11.2.6 Indigenous Coordination Centres (ICC)

Indigenous Coordination Centres operate in 30 locations around Australia. They look after most of the Australian Government’s Indigenous programs.16 perth Kalgoorlie Level 10, 55 St George's Terrace 39-43 Boulder Road Perth WA 6000 Kalgoorlie WA 6430 Phone: (08) 9237 7711 Phone: (08) 9024 1100 Fax: (08) 9237 7780 Fax: (08) 9024 1199 Freecall: 1800 079 098 Freecall: 1800 193 357 broome Kununurra 1 Short Street 2250 Coolibah Drive Broome WA 6725 Kununurra WA 6743 Phone: (08) 9192 7855 Phone: (08) 9168 2350 Fax: (08) 9193 5958 Fax: (08) 9168 3317 Freecall: 1800 079 098 Freecall: 1800 193 348 derby south Hedland 37 Rowan Street Commonwealth Building Derby WA 6728 3 Brand Street Phone: (08) 9193 2600 South Hedland WA 6722 Fax: (08) 9193 1103 Phone: (08) 9140 2163 Freecall: 1800 079 098 Fax: (08) 9140 1321 Freecall: 1800 079 098 geraldton Level 11, 5 Chapman Road Geraldton WA 6530 Phone: (08) 9921 9500 Fax: (08) 9964 3166 Freecall: 1800 079 098

16 department of Families, Housing, Community services and indigenous Affairs, available at: www.fahcsia.gov.au/contactfahcsia/pages/Contactdept.aspx#wa (accessed 11 June 2009). november 2009 - First edition AboriginAl people 11.2.5 11.2.7 Aboriginal Visitors Scheme (AVS)

The Aboriginal Visitors Scheme provides support and counselling for Aboriginal detainees and prisoners in juvenile detention centres, prisons and police lock-ups throughout Western Australia. Visitors are Aboriginal people committed to assisting and supporting detainees and prisoners in their local areas. They are employed on a casual, rostered basis, but are available at all times to help those in custody. The aims of the scheme are to ensure that: • means are provided that assist in reducing the likelihood of deaths and/or self-harm; • conditions of those in custody improve through consultation, advice and information to decision-makers; and • Aboriginal community groups are properly informed on conditions in custody. Aboriginal Visitors Scheme (AVS) Suite 21, Piccadilly Square 7 Aberdeen Street Perth WA 6000 Phone: (08) 9220 9400 Fax: (08) 9218 9829 Freecall: 1800 282 429 For further information on the Aboriginal Visitors Scheme visit: www.correctiveservices.wa.gov.au/A/aboriginal_visitors_scheme.aspx

11.2.8 Aboriginal Mediation Services

The Aboriginal Mediation Services aim to reduce the incidence of Aboriginal people’s involvement with the criminal justice system by providing an effective and culturally appropriate form of dispute resolution. This includes addressing sensitive, complex and sometimes chronic inter- and intra-family feuding affecting Aboriginal people. Aboriginal Mediation Services Level 2, 141 St Georges Terrace Perth WA 6000 Phone: (08) 9264 6150 Fax: (08) 9264 1526 Freecall: 1800 045 577 Web: www.department.dotag.wa.gov.au/A/aboriginal_alternative_dispute_resolution_services.aspx

11.2.6 AboriginAl people november 2009 - First edition 11.2.9 Victim Support Services

The Victim Support Service (VSS) offers counselling, support and information to victims of crime. Services available include: • referral to other support services; • assistance to prepare a victim impact statement; • preparing and supporting victims during court proceedings; and • providing information about court proceedings. Victim Services District Court Building Level 2, 500 Hay Street Perth WA 6000 Phone: (08) 9425 2850 Fax: (08) 9425 4428 Freecall: 1800 818 988 Web: www.courts.dotag.wa.gov.au/V/victim_services.aspx?uid=1954-9524-7512-0979 Also refer to section 13.4 of this Bench Book for contact details for the Family Violence Courts, Family Violence Service and the Family Violence Prevention Service Units.

11.2.10 Child Witness Service

The Child Witness Service (CWS) can assist by providing an assessment of a child’s needs when giving evidence, particularly considering special witness status to allow the child to give evidence by closed circuit television. Services provided by the Child Witness Service include: • practical and emotional preparation and support for child complainants and witnesses required to give evidence in court; • provision of information to caregivers about court proceedings; • assessment of children for special witness status; • referral to counselling agencies; and • preparation of a victim impact statement even if the child is not required to give evidence. Child Witness Service District Court Building Level 2, 500 Hay Street Perth WA 6000 Phone: (08) 9425 2850 Fax: (08) 9425 4428 Freecall: 1800 818 988 Web: www.courts.dotag.wa.gov.au/c/child_witness_service.aspx

november 2009 - First edition AboriginAl people 11.2.7 11.2.11 Indigenous Women’s Congress of WA (IWC)

The Indigenous Women’s Congress was established in response to the views expressed by Indigenous women across the State. The aim of the IWC is to promote the participation of Indigenous women at every level of government decision-making on issues affecting them, their families and communities. The IWC reports to the Minister for Women’s Interests and is supported by the Office for Women’s Policy. IWC members are drawn from various regions of the state and represent a wide cross-section of the Indigenous community. Indigenous Women’s Congress of WA (IWC) Chairperson Indigenous Women’s Congress C/- Department for Communities Office for Women’s Policy Level 7 Dumas House 2 Havelock Street West Perth WA 6005 Phone: (08) 6217 8200

11.2.12 Aboriginal Language Centres and Interpreting Services in Western Australia

Kimberley Interpreting Services The Kimberley Interpreting Service employs approximately 120 Aboriginal interpreters, both trained and untrained. Interpreting services can be provided in the following languages: Bardi; ; Jaru; Kija; Kukatja; Nyangumarta; Walmajarri; Kriol; ; Gajirrabang; ; Kwini; Managal; Mirriwong; Murrinh-Papha; ; ; Nyikina; ; Walmajarril; Walpiri; Wangkatjunga; ; ; Yulparija

Kimberley Interpreting Services Unit 10, Broome Lotteries House Cable Beach Road Broome WA 6725 Phone: (08) 9192 3981 Fax: (08) 9192 3982 Mobile: 0439 943 612 Email: [email protected] Web: www.kimberleyinterpreting.org.au/

11.2.8 AboriginAl people november 2009 - First edition Wangka Maya Aboriginal Language Centre The Wangka Maya Pilbara Aboriginal Language Centre provides an interpreting and translating service. It employs about 20 interpreters on a fee-for-service basis, and interpreting services can be provided in the following languages: Nyangumarta; Warnman; Martu Wonga; Kariyarra

Wangka Maya Pilbara Aboriginal Language Centre Lotteries House South Hedland, WA 6722 Phone: (08) 9172 2344 Fax: (08) 9172 2355 Email: [email protected] Web: http://acl.arts.usyd.edu.au/projects/wangkamaya/

Other Language Centres Irra Wangga Language Centre, Geraldton PO Box 2603 Geraldton WA 6531 Phone: (08) 9923 9733 Fax: (08) 9923 9744 Email: [email protected]

Kimberley Language Resource Centre 158 Terone Street Halls Creek WA 6770 Phone: (08) 9168 6005 Fax: (08) 9168 6023 Email: [email protected]

Mirima Dawang Woorlab-Gerring Language Centre and Culture Centre, Kununurra PO Box 48 Kununurra WA 6743 Phone: (08) 9169 1029 Fax: (08) 9168 2639 Email: [email protected]

november 2009 - First edition AboriginAl people 11.2.9 11.2.10 AboriginAl people november 2009 - First edition 11.3 Further reading/viewing

Fryer-Smith S, Aboriginal Benchbook for Western Australian Courts (2nd ed) (2008), available at: www.aija.org.au/index.php?option=com_content&task=view&id=436&Itemid=165 (accessed 11 June 2009)17 Australian Law Reform Commission, The Recognition of Aboriginal Customary Law(Report No 31) (1986), available at: www.austlii.edu.au/au/other/alrc/publications/reports/31/ (accessed 11 June 2009) Committee to Explore the Effect of Motor Driver’s Licence and Driving Laws on Remote Communities, Indigenous Licensing and Fine Default: A Clean Slate (2007)18 Gordon S, Hallahan K and Henry D, Putting the Picture Together : Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities (The Gordon Report) (2002), available at: www.slp.wa.gov.au/publications/publications.nsf/inquiries+and+commissions?openpage (accessed 11 June 2009) Johnston E, Royal Commission into Aboriginal Deaths in Custody: National Report (1991), available at: www.austlii.edu.au/au/other/IndigLRes/rciadic (accessed 11 June 2009) Judicial Commission of NSW, Equality before the Law Bench Book (2006) section 2, available at: www.judcom.nsw.gov.au/publications/benchbks/equality (accessed 11 June 2009) Law Reform Commission of Western Australia, Aboriginal Customary Law: Final Report (Project No 94) (2006), available at: www.lrc.justice.wa.gov.au/094-FR.html (accessed 11 June 2009) McGlade H, “Aboriginal Women, Girls and Sexual Assault” (2006) 12 ACSSA Newsletter 6, available at: http://apo.org.au/research/aboriginal-women-girls-and-sexual-assault (accessed 11 June 2009) Government, “Little Children are Sacred”: Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007 (2007), available at: www.inquirysaac.nt.gov.au/ (accessed 11 June 2009) Office of the Auditor General, Performance Examination: The Juvenile Justice System: Dealing with Young People under the Young Offenders Act 1994 (Report No 4) (2008), available at: www.audit.wa.gov.au/reports/report2008_04.html (accessed 11 June 2009) Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2009 (2009), available at: www.pc.gov.au/gsp/reports/indigenous/keyindicators2009 (accessed 7 July 2009) University of Western Australia Crime Research Centre, Aboriginal Involvement in the Western Australian Criminal Justice System: A Statistical Review, 2001 (2003), available at: www.law.uwa.edu.au/research/crc/reports (accessed 26 August 2009)

17 the Aboriginal Benchbook is also available from judicial officers’ electronic “workbench”. 18 the Committee was established by the minister for Corrective services in April 2007. november 2009 - First edition AboriginAl people 11.3.1 The Western Australian Inter-Jurisdictional Education Committee has made available a range of DVD recordings of presentations relating to judicial officers’ professional development on Aboriginal cultural awareness issues, including the following: • Lieutenant General (Ret’d) John Sanderson AC, Administering Justice in the Complex, Non-Linear Environment of Indigenous Affairs in WA (2008); • Judge Mary Ann Yeats, An Open Discussion on Black and White Justice: the New Aboriginal Benchbook (2008); • Dr Diana Eades, Aboriginal English and the Courts (2008); and • Dr Pat Dudgeon, Dr Dawn Bessarab and Ms Hannah McGlade, Women and Violence: Aboriginal Women’s Perspective (2009). These are available (to judicial officers only) from the court libraries.

11.3.2 AboriginAl people november 2009 - First edition 11.4 Your comments

Feedback on how this Equality before the Law Bench Book can be improved is welcomed. We would be especially interested in receiving relevant practice examples, including any relevant model directions that you would like to share with other judicial officers. Additionally, you may discover an error, or wish to advise further references to legislation, case law, specific sections of other bench books, discussion or research material. Please refer to chapter 14, which contains information about how to send us your feedback and comments.

november 2009 - First edition AboriginAl people 11.4.1 11.4.2 AboriginAl people november 2009 - First edition