Topic 4

  1. Provide the definition of an Aboriginal person
    S3 Lepra 2002 defines an ATSI as:

    • a) is a member of the aboriginal/Torres Strait race of australia
    • b) Identifies as an Aboriginal/Torres Strait Islander person
    • c) is accepted by the Aboriginal Community as an Aboriginal person
  2. Identify Key historical developments & current issues pertinent to ATSI people.
    1788 - Terra Nullius - land belonging to no-one (this meant aboriginals could not claim a right to native title)

    1814-1970 The stolen generation

    27-5-67 Referendum - Aboriginals became Australian Citizens with the right to vote

    1989 - Royal Commission into Aboriginal Deaths in Custody (RCIADC) was established following the deaths of 99 aboriginal people in custody between 1980 -1989. Findings showed No evidence of any deaths being deliberate or brutality on the part of police or prison officers. This led to ATSI being classed at law as being Vulnerable persons.

    3-6-1992 - Mabo - gave aboriginals rights to land called "native title"

    June 1998 - Peter Ryan, Commissioner of Polce apologised to the indigenous people for the actions of the NSW police force in previous times.

    13-2-08 - Prime Minister Rudd says sorry
  3. Outline the challenges & requirements facing police when dealing with ATSI people
  4. outline the reasons for over-representation of ATSI people in the criminal justice system
    • Aboriginals are:
    • *more likely to be arrested by police
    • *less likely to benefit from police discretion
    • *more likely to appear before a criminal court
    • *more likely to be convicted
    • *aboriginal crime is high
    • *dunkeness has been decriminalised by ATSI
    • *poverty,child neglect, substance abuse & Unemployed
  5. Reducing Aboriginal over-representation in prison
    1) bring down rates of aboriginal crime

    2) policies to reduce aboriginal imprisonment reflect a focus on the justice system. Most have decriminalised drunkeness

    3) Police have reduced their reliance on arrest - ider range of alternatives to arrest

    4) Imprisonment to be used as a last resort

    5) reducing poverty, child neglect, substance abuse & unemployment, which underpins much aboriginal offending
  6. discuss issues of police & ATSI people interaction in public space
    • *Aboriginal people are more likely to be out in public as they like to be outdoors.
    • *They like to gather in public spaces for social events and
    • *are more likely to be reported to police.
    • *Aboriginal people are more likely to be drinking in public spaces as they may not feel comfortable with dress rules & racism that they find in bars.
  7. discuss the issue of police participation in the process of reconciliation
    • *to reduce prejudice & discriminisation & to lead by example
    • *working with aboriginal bodies such as ACLO's
    • *working with the Aboriginal community
    • *acknowledge & be aware of their culture
  8. What is the role of an Aboriginal Community Liaison Officer (ACLO)
    ;e Aboriginal Community Liaison Officer (ACLO)is as a member of the Local Area Command, CrimeManagement Team with the responsibility forproviding advice and support to Police in themanagement of Aboriginal issues across the LocalArea Command (LAC).ACLOs assists in developing, implementing,monitoring and reviewing programs that bring aboutpositive outcomes between Police and Aboriginalpeople and which are in line with NSWPolice policy.;e ACLO works closely with the Aboriginalcommunity, Aboriginal community organisations andother service providers in their day to day activities.;e ACLO promotes an awareness of NSWPolice toAboriginal people and communities and promotes an awareness of aboriginal issues to polce.
  9. What are the aims of circle sentencing?
    • *establish a sentencing format that allows for aboriginal community involvement
    • *Aboriginal community control
    • *Empower aboriginal communities
    • *Increase their confidence in the sentencing process
    • *reduce barriers between communities & court
    • *More appropriate sentencing options for aboriginal offenders
    • *Provide support to defendents
    • *provide support to aboriginal victims
    • *reduce offending in aboriginal communities
  10. What is reconciliation?
    A united australia which respects this land of ours; values the Aboriginal & Torres Strait Islander Heritage; and provides justice & equality for all.

    National Reconciliation Week 27 May-3 June

    Reconciliation is a process of improving, renewing or transforming relations between Indigenous and non-Indigenous people for the future, which are based on: understanding the historical relationship between Indigenous and non-Indigenous people; understanding the past injustices and impacts of colonisation and dispossession on Indigenous peoples; and respecting the cultures, identities and rights of Indigenous peoples.
  11. Determine if the prisoner is ATSI
    1) Ask all prisoners are they ATSI - record response on COPS

    2) If the prisoner looks ATSI yet when asked if they are and the reponse is no then the person doesnt comply with the definition of ATSI & record same on COPS

    • 3) If the prisoner regardless of physical appearance states they are ATSI
    • - treat the person as such and follow
    • - normal procedures

    4) Do not use the terms such as 'half caste' etc as they are offensive
  12. what are the 5 steps we must take when bringing an ATSI into custody?
    1) Search & remove any item that could be used to commit self harm or injure others

    2)Complete the field arrest form/assessment and advise the Custody Manager for the reason for arrest & other info relevant to the persons wellbeing

    3) Contact your nearest Aboriginal Legal Service (ALS)

    4) Ask the person if they require a support person (ACLO, family friend, elder etc)

    5) Record who you contact, date & time & hand to Custody Manager
Card Set
Topic 4
Police & Indigenous Issues