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223
Written protocols between police and Aboriginal legal services
That Police Services, Aboriginal Legal Services and relevant Aboriginal organisations at a local level should consider agreeing upon a protocol setting out the procedures and rules which should govern areas of interaction between police and Aboriginal people. Protocols, among other matters, should address questions of:
a) Notification of the Aboriginal Legal Service when Aboriginal people are arrested or detained;
b) The circumstances in which Aboriginal people are taken into protective custody by virtue of intoxication;
c) Concerns of the local community about local policing and other matters; and
d) Processes which might be adopted to enable discrete Aboriginal communities to participate in decisions as to the placement and conduct of police officers on their communities.
There need to be protocols to ensure that when police attend family violence incidents involving Aboriginal women, there is oversight to prevent them from being misidentified as the perpetrator.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 223 was to consider agreeing local protocols between police and Aboriginal organisations outlining rules and procedures to govern interactions between police and Aboriginal people.
Victoria Police are legally required to notify the Victorian Aboriginal Legal Service (VALS) within 60 minutes of an Aboriginal person being taken into custody. While notifications to VALS are legislated, there are still no agreed written protocols to manage issues such as IT failures, escalation of complaints, or unresponsive stations.
Police no longer have powers to take people into protective custody for intoxication following the decriminalisation of public drunkenness. Part (b) of the recommendation is now largely irrelevant due to these legislative changes. However, gaps remain where written protocols could support consistent hospital discharge procedures or continuity of care with alcohol and/or other drug (AOD) withdrawal.
There must be written protocols for when someone goes to the hospital, including police communication with Aboriginal Community Justice Panels and VALS, and for support from ambulance or AOD services. Right now, unless we ask, there’s no formalised process, and that needs to be addressed.
(Chris Harrison, Co-chairperson, AJC and Statewide Chairperson, Aboriginal Community Justice Panels)
With Aboriginal communities across the state, Victoria Police have continued to operate and expand Police and Aboriginal Community Protocols Against Family Violence (PACPAFV), but there are gaps in relation to the misidentification of Aboriginal women as perpetrators:
There need to be protocols to ensure that when police attend family violence incidents involving Aboriginal women, there is oversight to prevent them from being misidentified as the perpetrator. Misidentification has lifelong impacts, affecting child protection and other parts of the system, and it’s very difficult to rectify once it occurs. Even if police can correct it within their system, the other systems are affected, sometimes all the way through the to the courts. Police protocols need to address this.
(Samantha Smith, Djirra)
Concerns were also raised about the Orange Door system where mandatory child information collection may deter Aboriginal people from using services, and the lack of clear protocols connecting police, child protection, and family violence responses.
Victoria Police have maintained Aboriginal Community Liaison Officers (ACLOs) roles and reviewed the Police Aboriginal Liaison Officer (PALO) program with input from Regional Aboriginal Justice Advisory Committees (RAJACs). However, we are concerned that there are no clear, consistent protocols for handling complaints about police employees who are not sworn officers, particularly in cases involving liaison officers and custody officers, which leads to inconsistent responses.
With complaints against people working in the police, like an Aboriginal Community Liaison Officer for instance, who is not a police officer, they don’t come under the same grievance procedures as police officers. It ends up being a long, drawn-out process. It doesn’t make sense that, even though they are employed by the police, they aren’t held to the same rules and regulations.
(Marion Hansen, Co-chairperson, AJC and Chairperson, Southern Metropolitan RAJAC)
Overall, while progress has been made, further work is needed to ensure protocols are clear, resourced, and consistently implemented. Strengthening these processes is essential to support accountability, community safety, and Aboriginal self-determination.
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
Establish additional police protocols
Establish additional protocols in relation to VALS and ACJP notifications; misidentification of Aboriginal women; and placement and conduct of police employees including Aboriginal Community Liaison Officers.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) noted that written protocols had been established in the Northern Territory between Aboriginal Legal Services and police. In a related example, a protocol document had been signed between the local Aboriginal Medical Service, the hospital and the police. These examples were considered worthy of replication, and application in a range of contexts relevant to the deaths examined by the commission.
Actions Taken Since Last Review
In 2023, Victoria Police assessed Recommendation 223 as mostly implemented and responded to each of its parts:
Part (a)
The Victoria Police Manual Policy Rules (VPMP) Persons in police care or custody mandate that the Victorian Aboriginal Legal Service (VALS) be notified of an Aboriginal or Torres Strait Islander person taken into custody within 60 minutes or as soon as practicable. Legislation to make this requirement mandatory commenced on 1 October 2019.
Part (b)
Victoria Police no longer have powers to take Aboriginal people into protective custody by virtue of intoxication. This became effective in November 2023 as part of the decriminalisation of public drunkenness.
Parts (c) and (d)
Victoria Police listed a range of initiatives to assist Aboriginal community members to address their concerns about local policing and other matters including:
- Aboriginal Community Liaison Officers (ACLOs) strengthen relationships and facilitate communication between Victoria Police and Aboriginal people across the State.
- Police Aboriginal Liaison Officers (PALOs) have extensive knowledge and expertise in community networking, community development and liaison, which is the basis for their work with police and communities. The PALO program underwent a review with consultation and endorsement of the Aboriginal Justice Caucus. Regional Aboriginal Justice Advisory Committees (RAJACs) endorsed the onboarding process for PALOs. There is a mechanism for RAJACs to consider police members who wish to become PALOs.
- The Victoria Police Aboriginal Portfolio Reference Group (APRG) acts as the overarching governance structure for embedding self-determination and overseeing the development and implementation of policies and programs designed to meet Victoria Police’ commitments to reduce over-representation of Aboriginal people in the justice system. The APRG is co- chaired by Assistant Commissioner Russell Barrett and Chris Harrison, Aboriginal Community Justice Panel Executive and Co-chair of the Aboriginal Justice Caucus (AJC).
- Police and Aboriginal Community Protocols Against Family Violence (PACPAFV) aim to build positive relationships between Aboriginal communities and Victoria Police, strengthen police responses to incidents of family violence in Aboriginal communities, and reduce the number of family violence incidents, and rates of repeated incidents of family violence. The Protocols are also intended to support a holistic and improved response to all parties including Affected Family Members (AFMs), children, and respondents. Locally developed protocols guide police, at the time of a family violence incident, to identify whether the AFMs or respondents identify as Aboriginal and, if so, to offer them the choice of referral to Aboriginal or non-Aboriginal support services according to their preferences.
- Aboriginal Justice Forums (AJFs) bring together representatives of the Aboriginal community and government to oversee the development, implementation and direction of the Victorian Aboriginal Justice Agreement.
- Ongoing work with the Victoria Police Discipline Transformation Project to enhance the Victoria Police complaints form, process and responses.
Impact
Outcomes
Parts (a) and (b)
Some protocols have been impacted by legislative changes:
- Since 1 October 2019, legislation has required police to notify the Victorian Aboriginal Legal Service within 60 minutes when an Aboriginal person is taken into custody.
- In November 2023, following the decriminalisation of public drunkenness, Victoria Police no longer have the power to take Aboriginal people into protective custody for intoxication.
Part (c), Police and Aboriginal Community Protocols Against Family Violence
Police worked with Aboriginal organisations and communities to establish Police Aboriginal Community Protocols Against Family Violence (PACPAFV) in ten locations: Dandenong, Mildura, Geelong, Warrnambool, Echuca, Swan Hill, Horsham, Latrobe, Bairnsdale and Shepparton. Additional sites were being established and expected to launch in 2023-24 in Moonee Valley, Darebin, St Kilda, Hastings, Ballarat, Lilydale and Wodonga.
Common challenges across the sites were community engagement and attracting Aboriginal people into designated roles within the program including Aboriginal liaison officers.
In response to the Yoorrook Justice Commission, the Chief Commissioner of Police committed to taking action by 2025 to:
Coordinate, support and review the statewide implementation of local Police and Aboriginal Community Protocols Against Family Violence with the Aboriginal community.
Parts (d)
There are few opportunities for Aboriginal communities to participate in decisions as to the placement and conduct of police officers on their communities, however Regional Aboriginal Justice Advisory Committees now have a role in the appointment of Police Aboriginal Liaison Officers in their areas.
Community Views
Victorian Aboriginal Legal Service
Victorian Aboriginal Legal Service
Between 1st July 2021 to 30th June 2022, the Notification Team processed over 11,800 individual notifications from police stations regarding Aboriginal people in custody. On average each notification generates a minimum of five additional calls ensuring the clients wellbeing is being monitored, liaising with police, providing legal advice, notifying family or friends, and locating other appropriate supports services.
Yan Yan, Police and Aboriginal Community Protocols Against Family Violence
Yan Yan is an agreement between Aboriginal communities in the Barwon region and Victoria Police. The intention of Yan Yan is to improve police responses when responding to reports of family violence in Aboriginal communities. It recognises the urgent need to reduce the disproportionate impact of family violence on Aboriginal people, particularly women and children. And ensure there is a strengths-based, gender and trauma informed approach for people who experience and use violence. Yan Yan aims to improve cultural safety for Aboriginal people who come into contact with police at one of the most vulnerable times in their life.
(Barwon South West Dhelk Dja Action Group and Victoria Police)