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Specialist youth Aboriginal court to tackle high imprisonment rates

The overrepresentation of Aboriginal people in SA prisons is being targeted by $25 million of new programs – including building culturally appropriate rehabilitation spaces at a new Port Augusta Community Corrections Centre.

Jun 20, 2023, updated Jun 20, 2023
South Australian Aboriginal Affairs Minister Kyam Maher. Photo: Angela Skujins/CityMag

South Australian Aboriginal Affairs Minister Kyam Maher. Photo: Angela Skujins/CityMag

Aboriginal Affairs Minister and Attorney-General Kyam Maher today listed further detail around programs announced in last week’s State Budget to tackle what he says are years of failed government policy in fixing a disparity in imprisonments of Aboriginal people.

“The rates at which Aboriginal people are imprisoned is unacceptable. Past government policy has not worked to change this state of affairs,” Maher said.

“This needs to be addressed urgently. Providing a significant investment and concentrated effort will work to achieve the transformative change that is required.”

In South Australia, Aboriginal people are 12 times more likely to be imprisoned than the general population and over 60 percent of Aboriginal prisoners are on remand.

Young Aboriginal people are overrepresented in youth detention by a factor of 18.

Other plans include establishing a two-year trial Youth Aboriginal Community Court in Adelaide and developing an Aboriginal Justice Agreement.

Today, the State Government said the existing Port Augusta Community Corrections Centre is not fit for purpose and has been severely damaged by storm events – and a new facility fit-out will include culturally appropriate rehabilitation and reintegration spaces for Aboriginal offenders.

Among other programs outlined by the State Government today is $11.2 million to be spent over four years through Yalakiana Tappa: Reducing Aboriginal Incarceration measures that support Aboriginal community-led initiatives including:

  • Community Support Program: A cultural reintegration, tenancy, and rehabilitation support program to assist incarcerated Aboriginal South Australians in applying for bail, successfully complying with bail conditions, and addressing treatment needs.
  • Accommodation and Support Program: A 12-week supported housing, tenancy, and rehabilitation program for Aboriginal people without access to culturally safe accommodation.
  • Cultural Residential Drug and Alcohol Treatment Facility: a 12-week residential therapeutic community program for Aboriginal people needing intensive drug and alcohol treatment to support successful compliance with bail conditions.

Other measures include the Aboriginal Justice Agreement between the government and Aboriginal communities to develop and implement a collaborative approach to improve justice outcomes.

Funding of $6.3 million over four years will extend the Work Ready Release Ready Program (WRRR) to more participants, data showing those who complete the program are less likely to re-offend and more likely to gain employment after leaving prison compared to non-participants.

The program provides rehabilitation and reintegration support including workforce participation upon release from custody and it will be available at the Port Augusta Prison, Adelaide Women’s Prison, Adelaide Pre-release Centre, Cadel Training Centre, Mobilong Prison, Port Lincoln Prison and Mt Gambier Prison.

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In terms of children and youth, a program diverting Aboriginal children aged between 10 and 13 years charged with a minor offence away from a custodial environment with appropriate support has two more years of funding.

While a two-year trial of the specialist Youth Aboriginal Community Court will also be happening in Adelaide.

The government said this is expected to provide a culturally-responsive program “that aims to disrupt escalation points in a young person’s offending, address trauma and criminogenic needs, implement protective factors and divert young people from further offending”.

The package responds directly to recommendations made by the Advisory Commission into the Incarceration Rates of Aboriginal Peoples in South Australia in its report also released today that highlights the need for increased focus on support and rehabilitation.

Advisory commission members highlighted justice agreements as an important mechanism to support the work government undertakes in partnership with Aboriginal communities to reduce incarceration rates and deliver improved outcomes in the justice system.

Premier Peter Malinauskas said the government is committed to lowering the over-representation of Aboriginal people in custody by at least 15 percent by 2031.

“Evidence shows early contact with the criminal justice system leads to poorer health and wellbeing outcomes and increased risk of re-offense,” he said.

“A multi-levelled approach, which spans generations, is imperative in reducing these rates, and vastly improving the lives of Aboriginal people.”

SA-BEST MLC Connie Bonaros welcomed the initiatives saying “the child diversion program and support program for Indigenous youth appearing in the Youth Court are particular issues we raised with the attorney when Labor formed government.”

“Incarceration rates for Indigenous Australians are completely unacceptable and need urgent attention – at both a national and state level,” she said.

“It is a proven fact proactive preventative programs have a far better success outcome than rehabilitation programs – which all the statistics show are failing.

“While today’s announcement is a significant step in the right direction, so much more needs to be done to reduce the Aboriginal incarceration rates in South Australia.”

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