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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
224
Mandatory notification of Aboriginal Legal Services
That pending the negotiation of protocols referred to in Recommendation 223, in jurisdictions where legislation, standing orders or instructions do not already so provide, appropriate steps be taken to make it mandatory for Aboriginal Legal Services to be notified upon the arrest or detention of any Aboriginal person other than such arrests or detentions for which it is agreed between the Aboriginal Legal Services and the Police Services that notification is not required.
In 2018 the Australian Law Reform Commission joined VALS in advocating to legislate the requirement for police to notify the relevant Aboriginal legal service when an Aboriginal and Torres Strait Islander person is taken into custody. VALS was successful in this advocacy in October 2019.
Aboriginal Justice Caucus Assessment
Recommendation 224 intended to ensure police must immediately notify Aboriginal legal services whenever an Aboriginal person is detained or arrested. In Victoria, this has been implemented through a legal requirement to notify the Victorian Aboriginal Legal Service (VALS) within 60 minutes, supported by its 24-hour Custody Notification Service (CNS), which provides welfare checks and legal advice. However, there is limited data on how consistently police meet their obligations to identify Aboriginality and make timely notifications.
Findings from the Inquest into the Passing of Veronica Nelson highlighted serious gaps, including that Ms Nelson was not given a meaningful opportunity to engage with VALS or fully understand her rights. The coroner emphasised the need for police to actively support detainees, particularly Aboriginal women, to exercise these rights, recommending updates to police procedures to ensure informed decision-making.
While policy improvements have been made, including updates to the Victoria Police Manual and consultation with the Aboriginal Justice Caucus, significant challenges remain. Demand on the Custody Notification Service continues to grow, placing pressure on resources, with concerns that funding has not kept pace.
In areas where the team is handling a high number of calls and a growing number of Aboriginal people are being incarcerated, it’s not just about the volume of people coming through, it’s about the growing pressure on the CNS team. You’d expect funding to have increased to match this demand, but it hasn’t. So, where's the funding to cover the increase in those areas? The recommendation is still relevant. We need to ensure the service receives the support and funding it actually needs.
(Chris Harrison, Co-chairperson, AJC and Chairperson, Aboriginal Community Justice Panels)
Overall, while Recommendation 224 has been implemented in legislation, ongoing investment is needed to sustain the CNS, strengthen compliance, improve safety in custody, reduce incarceration, and support Aboriginal self-determination.
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
Appropriately funded Custody Notification Service
Ongoing funding that increases over time as notifications increase.
(Action is the responsibility of the Commonwealth/Victorian Government not Victoria Police)
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found that giving Aboriginal people early access to culturally appropriate legal advice and support, through access to trained representatives, could help calm distress, reduce the risk of self-harm, and prevent individuals from agreeing to police requests that could negatively affect later court proceedings.
Actions Taken Since Last Review
In 2020 the Commonwealth Government provided $2.1 million over three years to the Victorian Aboriginal Legal Service (VALS) to establish a formal, dedicated Custody Notification Service (CNS) in line with legislation passed in Victoria in 2019.
Victoria Police
In 2023, Victoria Police assessed Recommendation 224 as fully implemented as procedures in Victoria require police officers to contact VALS within 60 minutes, or as soon as practicable, of an Aboriginal person being taken into custody for any reason. Legislation to make this requirement mandatory commenced on 1 October 2019.
Notifications are made through an automated process which occurs once a person is entered into the police attendance module when brought into a police station. The introduction of hand-held Iris devices for frontline officers in 2019-20 has allowed police officers to provide VALS notifications in the field, in environments such as hospitals or other settings.
Impact
Outcomes
Changes to the Crimes Act 1958 (Vic) in 2019 made it mandatory for police to notify VALS within an hour (or as soon as possible) when an Aboriginal person is taken into custody.
Custody Notification Service
Between 1 July 2021 and 30 June 2022, the Custody Notification Service at VALS handled over 11,800 police notifications about Aboriginal people in custody, generating more than 69,000 follow-up calls to support client wellbeing, provide legal advice, and coordinate with families and services.
A 2020 review by National Aboriginal and Torres Strait Islander Legal Services found that while compliance with notification requirements is generally effective, it remains inconsistent, with delays and failures to notify limiting overall effectiveness.
Coronial Findings
In the Inquest into the Passing of Veronica Nelson, the coroner found that Veronica Nelson was not given a meaningful opportunity to engage with VALS regarding her welfare and legal issues. The coroner found it was unlikely that Ms Nelson had her right to speak with someone from VALS properly explained to her in terms she understood or was given adequate time to decide about speaking with VALS.
Further, the power imbalance between police and a detainee (especially an Aboriginal woman) requires that police are supportive and encouraging of people exercising their rights to speak with VALS. The coroner recommended amendment to the VPM to ensure a person under arrest has a meaningful opportunity to make an informed decision about communicating with someone from VALS.
Community Views
Victorian Aboriginal Legal Service
Victorian Aboriginal Legal Service
In 2018 the Australian Law Reform Commission joined VALS in advocating to legislate the requirement for police to notify the relevant Aboriginal legal service when an Aboriginal and Torres Strait Islander person is taken into custody. VALS was successful in this advocacy in October 2019.
When an Aboriginal and/or Torres Strait Islander person is in Victoria Police custody the Custody Notification System (CNS) sends an alert to VALS, and we respond in the interests of the person.
This service operates 24 hours a day, seven days a week. Currently, our Custody Notification Officers (CNOs) have working relationships with 333 police stations across the state.