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215
Consult Aboriginal organisations about police activities
That Police Services introduce procedures, in consultation with appropriate Aboriginal organisations, whereby negotiation will take place at the local level between Aboriginal communities and police concerning police activities affecting such communities, including:
a) The methods of policing used, with particular reference to police conduct perceived by the Aboriginal community as harassment or discrimination;
b) Any problems perceived by Aboriginal people; and
c) Any problems perceived by police.
Such negotiations must be with representative community organisations, not Aboriginal people selected by police, and must be frank and open, and with a willingness to discuss issues notwithstanding the absence of formal complaints.
Racism is particularly prevalent in Victoria Police, manifesting in denial of Aboriginality, over-policing of Aboriginal Communities, over-representation of Aboriginal people in police custody…
In many instances, the mere presence of Victoria Police can escalate rather than de-escalate a situation.
Aboriginal Justice Caucus Assessment
Recommendation 215 intended that police work with Aboriginal groups to agree on ways to engage with the local Aboriginal community on police activities that affect them, including policing methods and conduct, and problems perceived by Aboriginal people or police.
In their response, Victoria noted that they partner with Aboriginal organisations and communities to facilitate communication and feedback concerning police conduct through several mechanisms, including the Aboriginal Justice Forum and Regional Aboriginal Justice Advisory Committee (RAJAC) community meetings.
While actions have been taken that are relevant to the intent of this recommendation, police activities are often reactive rather than proactive. There have been instances where Victoria Police have worked with Aboriginal organisations around community events, however where there was constructive collaboration it was often led by the Aboriginal organisations rather than police. The mechanisms that are in place are not consistently used by Victoria Police for effective engagement with Aboriginal community organisations. Victoria Police could take a more proactive approach to engaging with local Aboriginal organisations to be more aware of community events, sports carnivals and Sorry Business.
We invite the police along and that usually works out in our case… Clearly there is a lack of consistency across the regions.
(Lois Peeler, Former Chairperson, Eastern Metropolitan RAJAC)
We discussed several examples of inappropriate policing activities near community events, meetings, sporting carnivals, and Sorry Business, that resulted in members of the Aboriginal community feeling unsafe. One example related to breath testing operations being set up near a funeral for an Aboriginal community member in the Hume region and ‘accountability getting passed around’ when inquiries were made as to who in Victoria Police authorised those operations.
Another example was provided where Victoria Police had attended a sports carnival to find a person they were interested in questioning. Community members felt this demonstrated the potential for Victoria Police to focus on policing of Aboriginal people rather than community policing that is with and for Aboriginal people.
Victoria Police need to engage effectively with Aboriginal organisations to address community concerns and ensure they are working proactively to support the safety of our families and communities, rather than reinforcing colonial structures through over-policing and racist conduct.
Priority for Further Work:
High
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
Effective police engagement with Aboriginal communities
Police should collaborate further with Aboriginal organisations and community members to address concerns around policing activities near community events with an aim to increase feelings of safety for Aboriginal people.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) stressed that the involvement of Aboriginal groups was essential to design effective schemes and protocols between police and Aboriginal communities. The report noted the importance of police recognising their accountability to the local community.
A strong independent base for the Aboriginal community, in the form of community-controlled organisations, was a prerequisite for accountability and effective social control at the community level. Aboriginal organisations operated as independent representatives of Aboriginal interests, with whom police could negotiate, and as advocates, apply pressure on police to engage in negotiation and ongoing liaison. In turn, it was noted, Aboriginal community-controlled organisations required legislative and administrative support from governments to be able to play these roles effectively.
Actions Taken Since Last Review
Victoria Police
Victoria Police assessed Recommendation 215 as fully implemented in 2023, noting that Victoria Police partner with Aboriginal organisations and communities to facilitate communication and feedback concerning police conduct through the following mechanisms:
Aboriginal Justice Forum
The Aboriginal Justice Forums bring together the most senior representatives of the Victorian Aboriginal community and Justice to oversee the development, implementation and direction of the Victorian Aboriginal Justice Agreement. The AJF demands significant transparency, accountability, collaborative action and a high level of commitment from the members to work toward achieving outcomes prioritised by Aboriginal communities. The Chief Commissioner of Police and/or Delegate participate at these forums.
Aboriginal Justice Agreements
Aboriginal Justice Agreements Phase 3 and 4 focus on supporting community policing approaches to increase positive community-based activities between Aboriginal communities and police.
Aboriginal Youth Cautioning Program
The AYCP is an enhanced police cautioning program that allows young people to connect with Aboriginal elders and culturally relevant support services in their local area to address the factors underlying their contact with police. The program draws upon local Aboriginal culture, knowledge, and community to ensure a tailored response for young people, and incorporates principles of Aboriginal self-determination, early intervention, and harm reduction.
Police and Aboriginal Community Protocols Against Family Violence
The Police and Aboriginal Community Protocols Against Family Violence (PACPAFV) aim to build positive relationships between Aboriginal communities and Victoria Police and strengthen police responses to incidents of family violence in Aboriginal communities.
Locally developed protocols guide police, at the time of a family violence incident, to identify whether the Affected Family Members or Respondents identify as Aboriginal and, if so, to offer them the choice of referral to Aboriginal support services or non-Aboriginal support services according to their preferences. The aim is to provide a more holistic response to all affected family members including children, and respondents, with the long-term goal of reducing the number of family violence incidents, and the rates of families experiencing repeated incidents of family violence.
Neighbourhood Policing
NHP is a policing and engagement model which standardises Victoria Police community crime prevention efforts to improve public safety at a local level.
Discipline Transformation Project
There is ongoing work through the Victoria Police Discipline Transformation Project to enhance the Victoria Police complaints form. The Victoria Police Aboriginal Portfolio Reference Group were consulted about the complaints form, with a new form in place since March 2023.
Impact
Trial of Hume Region Notification of Significant Event form
At the 63rd Aboriginal Justice Forum (AJF 63) in December 2022, several RAJAC Chairpersons raised concerns with Victoria Police about the setting up of police operations near community events including funerals, RAJAC meetings and sports carnivals.
The Aboriginal Justice Caucus advocated for the development of a state-wide protocol regarding the setting up of police operations near community events.
Victoria Police trialled a notification process in the Hume region, with the potential for it to be rolled out state-wide if successful. It was subsequently reported to AJF 64 that:
- The Hume Region Notification of Significant Event form will allow opportunity for Victoria Police to enhance sensitivity around significant cultural events and Sorry Business in the Goulburn Valley and Wangaratta area. The form will be used on a trial basis with the view for wider implementation after analysis.
- The form can be completed by any organisational representative or any member of the community. Police can use this information in planning for specialist policing operations.
- Once complete, the form will be forwarded to the local Aboriginal Community Liaison Officer for notification to local management to allow planning and communication to local members.
Community Views
Victorian Aboriginal Legal Service
Racism is particularly prevalent in Victoria Police, manifesting in denial of Aboriginality, over-policing of Aboriginal Communities, over-representation of Aboriginal people in police custody…
In many instances, the mere presence of Victoria Police can escalate rather than de-escalate a situation.