[CDU eNews] - aboriginal cultural awareness program for judges and magistrates

[Peter.Hurt at cdu.edu.au]

Aboriginal cultural awareness program for judges and magistrates

A one-day Aboriginal Cultural Awareness Program is being delivered to 18
Territory judges and magistrates at Charles Darwin University today
(Monday).

The program is being delivered by Indigenous people, some of them from
remote communities, and is being convened by the university's School of
Australian Indigenous Knowledge Systems (SAIKS). North Australian
Aboriginal Legal Aid Service (NAALAS) director Sharon Payne is among the
speakers.

SAIKS lecturer Ms Sonia Smallacombe said today the program had been
developed following a request last October from Supreme Court judge,
Justice Sally Thomas, to give judges and magistrates an increased
understanding of issues involved.

"The program is being funded by the Australian Institute of Judicial
Administration (AIJA) in Melbourne which provides research and education
programs for judicial officers, court administrators and members of the
legal profession in relation to court administration and judicial systems,"
Ms Smallacombe said.

"As is well known, the all-too-familiar statistics reflect the
over-representation of Indigenous men, women and children in the criminal
justice processes throughout the country, particularly in the Northern
Territory. This is a major concern to Indigenous communities as well as
judges and magistrates.

"The idea of this program is to develop a dialogue, as well as provide
information to judges and magistrates on issues including communicating
with Indigenous people in the court process, insights into obligations
under Aboriginal law, Indigenous perspectives of the Western legal system
and engaging with Indigenous communities outside the court process."

Chief Justice Brian Martin said the AIJA had made funding available for all
States and Territories to conduct a similar program. "Judges and
magistrates in the Territory have to be particularly sensitive to
cross-cultural issues, making it important to regularly engage with
Aboriginal people outside the court environment," he said.

"A substantial number of litigants who appear before our courts are
Aboriginal.  Issues involving Aboriginal law and custom and the
difficulties facing Aboriginal people in the court system are important
issues for us to be aware of."

Chief Magistrate Hugh Bradley said he welcomed the opportunity of
participating with all of the judicial officers in the Territory in the
cultural awareness program.

"This joint program is another example of what appears to be increasing
cooperative interest being taken by people of different backgrounds and
interests," he said.

"In recent times, for example, we have seen a great deal of co-operative
support being provided by the Yilli Rreung Council, NAALAS and the
Government in allowing the Magistrates Court to establish the Community
Court Program.

"Although it has only sat on two or three occasions so far it is already
proving very popular - not necessarily with defendants but with members of
the community who feel they are able to provide a more meaningful input
into the sentencing process.

"Today's program is about better understanding community interests so that
the courts who are inevitably involved with people of all cultures,
including the Aboriginal culture, are better informed on the means by which
trials can be conducted and sentencing outcomes devised for the better
protection of the community."

Sessions will cover:

·     The effective use of Indigenous interpreters in court;
·     An insight into obligations under Aboriginal law;
·     Indigenous perspectives on the western legal system and the
difficulties of abiding two legal systems;
·     Engaging with Indigenous communities outside the court process.






Peter Hurt
Media Manager
Charles Darwin University
Tel: 08 8946 6019 or 0438 466 439

CRICOS Provider No: 00300K