The Experience of Aboriginal and Torres Strait Islander Participants in Australia’s Coronial Inquest System: Reflections from the Front Line (original) (raw)
Related papers
Improving Indigenous family engagement with the coronial system in New South Wales
Alternative Law Journal, 2021
This article explores the barriers experienced by Indigenous Australians that prevent adequate engagement with the coronial system in New South Wales. The findings presented here are the result of a qualitative study involving key legal professionals and advocates in the coronial jurisdiction. A number of significant shortcomings are identified, including inadequate funding, a lack of information and appropriate communication, and significant delays between time of death and conclusion of the inquest.
CRITICAL REFLECTIONS UPON AUSTRALIA'S ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY
Over a decade after the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) tabled its National Report, the report and its 339 recommendations are still cited whenever suggestions are made or policies are introduced which target the over-representation of Indigenous people in custody. It is therefore timely and relevant that its appropriateness in dealing with Indigenous over-representation, and with Indigenous marginalisation generally, be critically reassessed. In particular, there is a need to consider whether the investigative procedures undertaken by the RCIADIC and the political constraints surrounding its inception resulted in non-orthodox information and perspectives being excluded. This paper uses data collected from interviews with 48 people associated with the RCIADIC in order to critically reflect upon the way in which the inquiry was established and conducted to determine whether it was constrained in its ability to fully consider the problems confronting Indigenous Australians when dealing with the Australian justice system.
Another Aboriginal death in custody: uneasy alliances and tensions in the Mulrunji case
Legal Studies, 2008
The death of an Aboriginal man, Mulrunji, in an Australian police cell in 2004 precipitated an extraordinary response from the community. The usual distinctions between the roles of police, coroner, prosecutors and politicians became confused and merged in the media maelstrom that followed the death. Uneasy alliances developed which qualified the binary response of right versus wrong. Could the coroner's findings be reconciled with the decision of the prosecutor not to try the police officer involved? Was the government's response of overriding the decision of the independent prosecutor justified? What does this case tell us about the adversarial and inquisitorial approaches to evidence? This paper examines the tensions at play in the response to the death of Mulrunji and explores the wide reaching implications for law and justice in death in custody cases.
Futures, 2002
This article applies the futures research methodology called Causal Layered Analysis to the Australian Royal Commission into Aboriginal Deaths in Custody. Specifically the method is used to analyse the 339 recommendations of this Royal Commission that examined the causes of some 99 Aboriginal Deaths in Custody during the nine-year period from 1/1/1980. Spanning a generational period of 20 years, 10 of which since the multi million dollar Royal Commission and multi-multi million-dollar implementation process were put in place, aboriginal deaths in custody remain at the same rate. Conclusions are drawn about the inquiry, its inability to access deeper layers of cross-cultural causation and the separate implementation process. Further the failure of public administration in implementing the recommendations are also explored. Finally an 'act of recovery' is proposed to help us learn to prevent this happening again.
Missing Subjects: Women and Gender in The Royal Commission Into Aboriginal Deaths in Custody
2018
Although the Australian Royal Commission into Aboriginal Deaths in Custody (RCIADIC) tabled its National Report over a decade ago, its 339 recommendations are still used to steer Indigenous justice policy. The inquiry is viewed by many policy makers and scholars as an important source of knowledge regarding the post-colonial lives of Indigenous people. It began as an investigation into Indigenous deaths in custody, but its scope was later broadened to encompass a wide range of matters affecting Indigenous Australians. There have been numerous criticisms made about the way the investigation was conducted and about the effectiveness and appropriateness of the recommendations made. Of particular relevance to this thesis are those criticisms that have highlighted the failure of the RCIADIC to consider the problems confronting Indigenous women. It has been claimed that although problems such as family violence and the sexual abuse of Indigenous women by police were acknowledged by both t...
30 years on: Royal Commission into Aboriginal Deaths in Custody recommendations remain unimplemented
2021
This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation of the 339 recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). Here, we update a statement produced by Jordan et al. in December 2018, which argued that due to its scope and methodology, the Deloitte review had the potential to misrepresent the extent to which the RCIADIC recommendations had been implemented. Drawing on coronial inquest reports, we cite new evidence of the failure of governments to implement key RCIADIC recommendations and the fatal consequences for First Nations lives. We argue that there is a risk that misinformation may influence policy and practice responses to First Nations deaths in custody, and opportunities to address the widespread problems in Indigenous public policy in Australia may be missed. In particular, current approaches too often ignore the principles of self-determination and the realities of laws and policies as exper...
The Family and Civil Law Needs of Aboriginal People in New South Wales
2008
COVER ART The artistic work titled "Ray of Light" was supplied by Clint Lingard (Jongaragee Mata). He is a member of the "Ewamian People" whose ancestral lands are in "Far North Queensland" and he is also a Civil Law Solicitor at Legal Aid NSW's Parramatta Office. Clint describes "Ray of Light" as comprising of three sectional bands of colour in the form of a "bandaid", with the colours red, orange and yellow representing elements of the colour spectrum for a flame and more particularly the colours found in the light of a camp fire. Superimposed over each coloured section are impasto/textured flame symbols of the relevant monochromatic colour or its shades in each band. The title "Ray of Light" reflects the story that after aid comes light and that after the provision of legal aid/advice comes light or hope-essentially aid generates a shining light in terms of outcome and so is a beacon for assistance.The number three is used in this work as inspiration reflecting Clint's conception of the three means of problem solving: self-help, collaborative help, and the full help or assistance from another person. Clint also drew inspiration from all the recent relief efforts in 2009, particularly in Victoria, particularly those through artistic expression, and most notably music." 14 Consumer Issues Some 19.9 per cent of participants indicated a dispute or problems accessing superannuation, or with a bank or financial institution. The percentage was higher for women (22.7 per cent) than men (17.1 per cent). Some 6.1 per cent of participants indicated a dispute relating to insurance. There was little difference between the male and female responses. Some 13.1 per cent of participants indicated a problem with a 'scam' such as a funeral fund or door to door sales. The percentage of Aboriginal men indicating this issue was higher than Aboriginal women (16.2 per cent compared to 9.9 per cent). Many participants in the men's focus groups identified problems with Aboriginal funeral funds. Overall, seven individuals (four males and three women) indicated they sought legal advice. Victim's Compensation Some 28.9 per cent of participants reported being the victim of a violent crime. The proportion of women victimised was slightly higher than men (30.7 per cent compared to 27.0 per cent). The majority (55.8 per cent) of those who reported being the victim of a violent crime did not know about the victim's compensation scheme. Aboriginal women were more likely to be aware of the scheme than men (47.8 per cent compared to 35 per cent). Only one in four victims (26.8 per cent) pursued compensation. Although the numbers are small, Aboriginal women were more likely to pursue compensation than Aboriginal men (33.3 per cent compared to 20 per cent). Accident and Injury Some 14.2 per cent of the participants indicated they had been involved in a motor vehicle accident over the last couple of years. Of this group, slightly more than half were insured and less 20 per cent sought legal advice. Some 13.3 per cent reported work-related injuries. Men (22.7 per cent) reported much higher rates than women (3.2 per cent). 17.8 per cent of participants reported other injuries outside of the home. Wills and Estates Only 6.1 per cent of the participants indicated they had completed a will. Twice the number of women compared to men had completed wills. Almost half the men and more than two thirds of the women who had not completed wills would like legal assistance to do so.
Journal of law and medicine, 2007
In Re Herrington [2007] VSC 151 (King's Case) the partner and family of an Aboriginal woman (diagnosed as being in a persistent vegetative state after an accident) sought an order from the Victorian Supreme Court that the decision of her treating doctors to withhold further medical treatment be opposed. The resultant judicial decision contains a very brief review of the now considerable case law in this area, does not mention the increasingly important role of clinical ethics committees in this context, or discuss the relevance of recently passed human rights legislation in Victoria. Given the statutory requirement for judicial reference to international human rights norms in jurisdictions such as Victoria and the Australian Capital Territory, and their increasing importance in other developed nations, the authors highlight the need for the Australian judiciary to lift the quality of their jurisprudence in relation to end-of-life cases.