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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
1
Public engagement and reporting on implementation
That having regard to the great input which has been made to the work of the Commission, not only by governments and departments of government but also by Aboriginal communities, organisations and individuals, on the one hand, and non-Aboriginal organisations and individuals, on the other, it is highly desirable that the attitude of governments to the recommendations and the implementation of those adopted be carried out in a public way as part of the process of education and reconciliation of the whole society. To this end the Commission recommends:
a) That the Commonwealth Government and State and Territory Governments, in consultation with ATSIC, agree upon a process which ensures that the adoption or otherwise of recommendations and the implementation of the adopted recommendations will be reported upon on a regular basis with respect to progress on a Commonwealth, State and Territory basis;
b) That such reports should be made not less than annually and that, subject to the agreement of its Commissioners to do so, ATSIC be given special responsibility and funding to enable it to monitor the progress of implementation of the adopted recommendations and to report thereon to the Aboriginal and Torres Strait Islander community;
c) That governments consult with appropriate Aboriginal organisations in the consideration and implementation of the various recommendations in this report;
d) That, wherever appropriate, governments make use of the services of Aboriginal organisations in implementing such recommendations; and
e) Ensure that local Aboriginal organisations are consulted about the local implementation of recommendations, and their services be used wherever feasible.
Over the past 35 years, the over-representation of Aboriginal people in prison has been the subject of multiple inquiries, royal commissions and internal reviews. Most notably, the 1991 Royal Commission into Aboriginal Deaths in Custody (RCIADIC) exposed how disadvantage and discrimination leads to the over-imprisonment of First Peoples. It showed how each death in custody is caused by a dehumanising and punitive system. RCIADIC shone a spotlight on the harm done to people in prison and found a primary cause was the failure to provide proper care to First Peoples and respect for their fundamental human and cultural rights.
Aboriginal Justice Caucus Assessment
Actions have been taken that align with the intent of the recommendation and all its parts. The array of reports, reviews and agreements is clear evidence of actions taken but there is significantly less evidence on the achievement of desired outcomes across the 339 RCIADIC recommendations. Similarly, the ‘attitude of governments’ to the implementation of some of the most critical recommendations is problematic.
This Aboriginal Justice Caucus (AJC) project arose from our concerns about waning awareness of and attention to Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recommendations in legislative, policy and program development across the justice sector. We also recognised that the focus of the AJC had been drawn away from holding agencies to account for their implementation of the RCIADIC recommendations.
a) Process for reporting on implementation of recommendations
Early on, regular reviews of the implementation of the recommendations of the RCIADIC were conducted in Victoria. The 2005 Review found these lacked rigour, with government self-assessments of progress vastly different to the experiences of Aboriginal people. These persistent differences continue to drive AJC advocacy for change.
Members of the Aboriginal community, in particular the Victorian Aboriginal Justice Advisory Committee, were key to the development, implementation, monitoring and evaluation of Aboriginal Justice Agreements (AJAs), and their associated governance structures. While these began as mechanisms to oversee the implementation of RCIADIC recommendations in Victoria, focus has shifted over time from implementation of specific recommendations to achievement of broader Aboriginal community aspirations to eliminate the over-representation of Aboriginal people, prevent deaths in custody, and realise greater Aboriginal self-determination.
b) Annual reports and reporting to the Aboriginal community
The production of reports does not necessarily mean they are accessible to our communities. The 2005 Review took a different approach with extensive engagement and communication with Aboriginal communities. Similarly, Aboriginal involvement in AJA evaluations means findings are provided back to community members involved in them, including the AJC, Aboriginal Justice Forum and Regional Aboriginal Justice Advisory Committees (RAJACs), and made publicly available on the Aboriginal Justice Website.
Annual Victorian Government Aboriginal Affairs Reports describe progress against targets and indicators linked to many underlying issues identified in the RCIADIC. However, we question the accuracy of some of these reports and recognise that it is rare for them to include references to RCIADIC recommendations.
c) Governments consult with Aboriginal organisations on the implementation of recommendations
Engagement with Aboriginal communities in relation to justice-related recommendations occurs through the AJC, RAJACs and Aboriginal organisations. For recommendations related to child welfare, health, housing, economic development and education it occurs through the relevant Aboriginal - ¬government partnership forums and member Aboriginal organisations. Our chairpersons represent the AJC on most of these forums.
d) Governments use the services of Aboriginal organisations in implementing recommendations
The AJA3 Evaluation found the involvement of Aboriginal Community-Controlled Organisations (ACCOs) as the main providers of Aboriginal justice programs and services to community was central to the success of the AJA. The Aboriginal community has always known that Aboriginal-led organisations are best placed to understand community needs and deliver responsive services. There has been growing recognition of this by governments.
A range of Aboriginal organisations are funded to deliver programs and services that implement RCIADIC recommendations under the AJA and other Victorian Government - Aboriginal Community partnerships. However, there is considerable evidence, captured through submissions to government, consultations and reviews, that the needs of Aboriginal communities in Victoria are greater and more complex than the resources available to meet them. ACCOs continue to advocate for more sustainable long-term funding.
e) Ensure local Aboriginal organisations are consulted about local implementation
Local Aboriginal organisations are represented on Local Aboriginal Justice Action Committees (LAJACs) and RAJACs through which most consultation and engagement about local implementation of justice-related recommendations occurs.
Overall, Recommendation 1 remains highly relevant, as does the importance of engaging Aboriginal organisations in the implementation, monitoring and reporting of RCIADIC recommendations.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Aboriginal Social Justice Commissioner
Establish a well-resourced, independent Aboriginal Social Justice Commissioner to strengthen oversight and accountability for Aboriginal justice outcomes.
Regular review of RCIADIC implementation
Regularly review implementation of RCIADIC recommendations, particularly in the early stages of related process, program, policy, or legislative reform work.
Implementation through the Aboriginal Justice Agreement
That the implementation of actions identified in Looking Back, Moving Forward occur through the next phase of the Victorian Aboriginal Justice Agreement, if not already progressed prior to its launch.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was the first comprehensive review of factors impacting the incarceration of Aboriginal people. Given its breadth and the widespread involvement of governments and Aboriginal communities and organisations, it was considered equally important that governments continue this approach to implement and report on implementation of RCIADIC recommendations.
Actions Taken Since Last Review
Victorian Aboriginal Justice Agreement
A key recommendation of the 2005 Review was the development of the second phase of the AJA (AJA2), many aspects of which responded to recommendations arising from the review. AJA2 ran from 2006 to 2012, and was monitored over time and independently evaluated in 2011-12. The evaluation contributed to the development of the third phase, AJA3, which commenced in 2013. AJA3 specified benchmarks, performance indicators, targets and timelines that all AJA initiatives were to be measured against. Evaluation of AJA3 included partnership and place-based evaluations as well as a report synthesising the findings of over 60 programmatic reviews and evaluations of initiatives implemented under the AJA.
Burra Lotjpa Dunguludja, the fourth phase of the Victorian AJA (AJA4), was developed with the Aboriginal community in 2018. It continues key RCIADIC themes in seeking to address Aboriginal over-representation in the justice system, improve family and community safety, and strengthen Aboriginal self-determination. Several AJA4 commitments are directly relevant to RCIADIC recommendations.
The AJA 4 Monitoring, Evaluation and Learning Framework was developed with the AJC to be consistent with Aboriginal values, reflect Aboriginal priorities for what is measured and how it is measured, and ensure regular monitoring and transparent reporting of results. An ‘Aboriginal Justice Indicators’ data dashboard was also developed to enable local, regional and statewide monitoring of impacts via publicly available data.
Wirkara Kulpa
Wirkara Kulpa is Victoria’s first Aboriginal Youth Justice Strategy. Its development was led by the AJC, with contributions from members of the Aboriginal community, including Aboriginal children and young people.
Our vision is that Aboriginal children and young people are not in the youth justice system. This is because they are strong in their culture, connected to families and communities, and living healthy, safe, resilient, thriving and culturally rich lives.
Wirkara Kulpa builds on the findings of the Koori Youth Justice Taskforce, which examined the care of nearly 300 Aboriginal children and young people under youth justice supervision. It identifies a set of priorities which the government must work toward in close partnership with the Aboriginal community. The priorities include diverting Aboriginal children and young people away from the youth criminal legal system, empowering change, protecting cultural rights, increasing connection to family community and culture, supporting healing and rehabilitation, working toward Aboriginal-led justice responses and creating a fair youth justice system.
For each priority, a set of tangible actions is identified to ensure there is a clear pathway to achieving genuine and lasting change. These include things like embedding Aboriginal-specific principles in a new Youth Justice Act, monitoring cultural safety in health care delivery and reducing the use of isolation in youth justice custody, which reiterate the intent of RCIADIC recommendations.
Victorian Aboriginal Affairs Framework
In developing the AJA, the Victorian Government acknowledged that it was not possible to tackle the over-representation of Aboriginal people in the criminal justice system without also tackling the disproportionately high levels of disadvantage. One of the actions within the AJA was to develop a ‘whole of government’ response to underlying issues contributing to the over-representation of Aboriginal people in the justice system. This action was completed through the development of the first Victorian Indigenous Affairs Framework in 2006.
Now the Victorian Aboriginal Affairs Framework 2018-2025, it is the Victorian Government’s overarching framework for working with Aboriginal people, organisations and the wider community across Victoria to drive action and improve outcomes in all areas. These includes areas like health, housing, education, land rights and economic development, that were all highlighted by the RCIADIC given significant disparities in access and outcomes between Aboriginal and non-Aboriginal populations.
Accordingly, addressing the underlying issues is an ongoing requirement of departments across all areas of government and results in the development and implementation of policies consistent with the intent of the Royal Commission Recommendations.
Targets and indicators in the VAAF are reported on via the annual Victorian Government Aboriginal Affairs Reports which are tabled in parliament and publicly available.
Aboriginal-led review of implementation of recommendations from the RCIADIC
For several years, the AJC advocated for an Aboriginal-led review of Victoria’s implementation progress. The AJC were also concerned by the lack of a consistent and transparent process to monitor progress of implementation of coronial recommendations in Victoria, given the importance of ensuring recommendations from the RCIADIC are fully addressed. Accordingly, this project will also examine implementation progress of coronial recommendations arising from inquests into Aboriginal deaths in custody in Victoria since 1991.
This project will help to provide a clear picture of where further work is required to address issues highlighted in RCIADIC and coronial recommendations and to prioritise incomplete recommendations.
Impact
Outcomes
a) Process for reporting on implementation of recommendations
The 2005 Review concluded that:
There has been virtually no rigorous monitoring of the Royal Commission’s Recommendations in Victoria since 1991 until the current Review. If the Victorian Government is to be taken seriously in its commitment to reduce over-representation of Indigenous people in the criminal justice system, and that fact is acknowledged, then the process for monitoring and reporting must be more constant, and with an agreed process put into place with the Indigenous community.
The shift away from annual reporting to the development of AJAs resulted in a move towards ongoing monitoring and periodic evaluations of these agreements and initiatives within them. The approach to monitoring and evaluation is developed in partnership with the AJC for each agreement, and for evaluations of specific initiatives.
The result of this shift was that the ‘rigorous monitoring’ of RCIADIC recommendations did not continue in an ongoing way as envisaged in the 2005 Review. In developing AJA4, the AJC was adamant that realisation of greater Aboriginal self-determination in the context of reducing Aboriginal over-representation in the criminal justice system required implementation of all RCIADIC recommendations to be revisited, with progress assessed through an ‘Aboriginal lens’. The AJC’s advocacy for this to occur resulted in this project.
b) Annual reports and reporting to the Aboriginal Community
Annual reports were produced in 1992-3, 1994-5 and 1996-7 but may not necessarily have been accessible to the Aboriginal Community. A different approach was adopted for the 2005 Review which included extensive engagement with and reporting back to Aboriginal communities across Victoria.
AJA evaluation findings are provided back to community members involved in those evaluations, including the AJC, AJF and RAJACs, and are made publicly available on the Aboriginal Justice Website.
The Victorian Government Aboriginal Affairs Reports are produced annually and report on many of the underlying issues identified by the RCIADIC as contributing to the over-representation of Aboriginal people in the criminal justice system. However, there are few examples of specific RCIADIC recommendations being discussed within these reports.
c) Governments consult with Aboriginal organisations on the implementation of recommendations
Engagement with Aboriginal communities in relation to justice-related recommendations occurs through the Aboriginal AJC, Aboriginal organisations and RAJACs. For recommendations related to child welfare, health, housing, economic development and education it occurs through the relevant Aboriginal-government partnership forums and Aboriginal Community Controlled Organisation (ACCO) members.
d) Governments use the services of Aboriginal organisations in implementing recommendations
‘Budget Paper 3: Service Delivery 2023-24’ indicates that 98% of grant and program funding administered by the Koori Justice Unit is provided to ACCOs. The majority of community-based programs and services funded under the AJA are delivered by Aboriginal organisations.
Where recommendations relate to the work of other Victorian Government–Aboriginal community partnerships, there are differing arrangements in place and different levels of engagement with and use of Aboriginal organisations for service delivery. The SDRF outlines ‘enablers’ critical to transforming government systems and structures, including the transfer of power and resources to communities. This ‘enabler’ drives government efforts to prioritise Aboriginal organisations in program and service delivery.
e) Ensure local Aboriginal organisations are consulted about local implementation
The AJA3 Evaluation identifies ‘community ownership of initiatives’ as one element that makes the AJA and its programs effective:
The involvement of Aboriginal Controlled Community Organisations or bodies (e.g. gathering places) as the prime delivery agent for services to Aboriginal people is central to the success of the AJA ’s approach. Led by Aboriginal people, these organisations are best placed to understand community needs and deliver responsive services. Basing programs within Aboriginal organisations improves the credibility of programs within the community, strengthens coordination at the local level, and increases client access to a range of programs and services.
Community Views
Koori Justice Unit
The need for the Agreement was first voiced in the findings and 339 recommendations of the Royal Commission into Aboriginal Deaths in Custody. There was no doubt that a new approach to addressing not only Aboriginal deaths in custody but the wider systemic, structural discrimination that Aboriginal people face in Australian society, was needed.
(Clear Horizon, Evaluation of the partnership arrangements of the Aboriginal Justice Agreement (2018)
Yoorrook Justice Commission
Over the past 35 years, the over-representation of Aboriginal people in prison has been the subject of multiple inquiries, royal commissions and internal reviews. Most notably, the 1991 Royal Commission into Aboriginal Deaths in Custody (RCIADIC) exposed how disadvantage and discrimination leads to the over-imprisonment of First Peoples. It showed how each death in custody is caused by a dehumanising and punitive system. RCIADIC shone a spotlight on the harm done to people in prison and found a primary cause was the failure to provide proper care to First Peoples and respect for their fundamental human and cultural rights.