Submission to the Queensland Department of Communities Review of the Juvenile Justices Act 1992 Issues Paper 2007 (original) (raw)

Aboriginal Juveniles and the Juvenile Justice System in New South Wales 1

2000

THIS PAPER PRESENTS THE PRELIMINARY FINDINGS FROM AN ANALYSIS OF all court appearances and police cautions in New South Wales during 1990. In 83 per cent of these cases the authors have identified the Aboriginality of the accused and this has allowed the first analysis of the treatment of Aboriginal children at all stages of the criminal justice system in

Restorative justice system and the rights of aboriginal and juvenile offenders and victims: An appraisal of the statutes of developed countries

international journal of law, 2019

Aboriginal and Juvenile offenders and victims have suffered more then they deserved as an offender for the crime or offence on the one hand and as a victim for their rights on the other hand. The story of their suffering is been carried on from centuries but no strategy was made to secure them like the adult and normal citizens of communities. Aboriginal women specially had been targeted at even the world's most educated and developed societies due to lack of legislation and social security. Juvenile offenders must be treated differently than the adult offenders whether they are in prison or in probation for their future growth and to avoid the impact of intentional or intentional offence committed by him or he being the victim of a crime. This paper throws light on the statutes of different countries where they have tried to provide legal assistance and a distinct status to Aboriginal female and young offenders and such other recommendations are in the development of legislation to provide them with an ideal environment where they will be restored to societies without an impact of crime on them and to assure the community of non occurrence of such offences from them and towards them.

Indigenous young people & the NSW Children's Court: Magistrates' perceptions of the court's criminal jurisdiction

Australian Indigenous Law Review, 2016

This article focuses on the perceptions of magistrates in the New South Wales (NSW) Children’s Court (‘NSWCC’ or the ‘Court’) in relation to the issues facing Indigenous young people in the Court’s criminal jurisdiction generally, and the potential of Indigenous youth courts more speci cally. Part II outlines the method for the national study from which this article stems, as well as the method for the NSW component of the study. Part III provides an analysis of NSWCC magistrates’ perceptions of challenges and reforms in the Court’s criminal jurisdiction as they relate to Indigenous young people speci cally, and discusses our analysis in light of ndings from the national study from other states and territories. F inally, Part IV briefly considers the key findings of our analysis in light of the current Koori Youth Court pilot.

The Aboriginal Sentencing Provision of the Criminal Code as a Protected “Other Right” under Section 25 of the Charter

2012

The focus of this paper is to consider the application of section 25 of the Charter as a shield to protect an Aboriginal-specific right against a potential conflict with a Charter right such as the right to equality under section 15(1). In particular, I intend to limit the scope of this paper to focus on the obligation that a judge has when engaged in the criminal sentencing process to pay “particular attention to the circumstances of aboriginal offenders”. This unique obligation only applies to Aboriginal offenders. Non-Aboriginal offenders may argue that this unique obligation is discriminatory as it singles out Aboriginal offenders for beneficial treatment to the exclusion of other offenders on the grounds of race or ethnic background, and thus bring a section 15 equality rights Charter challenge against the provision.Although the Aboriginal-specific nature of section 718.2(e) of the Criminal Code may be protected under section 15(2) of the Charter as an “ameliorative program”, I...

Submission to the Australian Law Reform Commission Inquiry into Indigenous Incarceration Rates

2017

The ongoing social injustices faced by Indigenous Australians comprise one of the greatest tragedies and failures of successive Australian governments. While commending the efforts of many individuals and institutions over the years in addressing this issue, including the Attorney- General in calling for this inquiry, we want to highlight that this area has been consistently and severely under-resourced both in a fiscal and culturally appropriate context. Australia has been built on the blood, sweat and tears of our Indigenous peoples. Our hospitals and public infrastructure have been funded by wages owed to unpaid Indigenous workers.1 And yet, First Nations peoples today are still not the primary agents behind many of the policies that affect them.

Indigenous young people and the NSW children’s court: Magistrates’ perceptions of the court’s criminal jurisdiction

2016

This article presents the findings of a component of the National Assessment of Australia's Children's Courts (the 'national study'). Specifically, this article focuses on the perceptions of magistrates in the New South Wales (NSW) Children's Court ('NSWCC' or the 'Court') in relation to the issues facing Indigenous young people in the Court's criminal jurisdiction generally, and the potential of Indigenous youth courts more specifically. Part II outlines the method for the national study from which this article stems, as well as the method for the NSW component of the study. Part III provides an analysis of NSWCC magistrates' perceptions of challenges and reforms in the Court's criminal jurisdiction as they relate to Indigenous young people specifically, and discusses our analysis in light of findings from the national study from other states and territories. Finally, Part IV briefly considers the key findings of our analysis in light...