Aboriginal and Torres Strait Islander justice

The ALA’s vision for reconciliation is of a society that provides fairer outcomes and justice for everyone, and in doing so addresses the systemic injustice that currently impacts Aboriginal and Torres Strait Islander peoples.

We recognise that the Australian legal system has dispossessed, disempowered and marginalised Aboriginal and Torres Strait Islander peoples, and has often failed to adequately represent them.

We advocate for law reform that protects and promotes justice, freedom and the rights of individuals and particular groups. This commitment applies to everyone in Australia, and we acknowledge that Aboriginal and Torres Strait Islander communities have unique needs that need to be addressed as we work towards achieving equality and self-determination.

The areas of focus for our policy work include:

  • Advocating for constitutional recognition of an Aboriginal and Torres Strait Islander Voice to Parliament;
  • Addressing the over-representation of Aboriginal and Torres Strait Islander peoples in the criminal justice system;
  • Ensuring access to well-funded and appropriately resourced legal services for Aboriginal and Torres Strait Islander communities;
  • Addressing the obstacles and barriers that make it difficult for Aboriginal and/or Torres Strait Islander people with disability to access appropriate support services, including the NDIS;
  • Obtaining fair redress for the serious injustice suffered by Aboriginal and/or Torres Strait Islander people who were abused as children in institutions, following their forced removal from their parents and their subsequent institutionalisation.

Our policy and advocacy work is guided by our Reconciliation Action Plan which formalises our commitment to reconciliation.

Our previous Policy Director, Dr Louis Schetzer, prepared an article on how ALA members and office bearers can observe the Acknowledgment of Country — an important and symbolic act of respect towards Aboriginal and Torres Strait Islander peoples.

Our submissions in relation to justice for Aboriginal and Torres Strait Islander peoples are listed below:

Submission To Date

Reproductive, maternal and paediatric health services in Tasmania, Parliament of Tasmania

Select Committee on Reproductive, Maternal and Paediatric Health Services in Tasmania 16 September 2024
Truth and Justice Commission Bill 2024 (Cth) Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs, Parliament of Australia 6 September 2024
Justice responses to sexual violence Australian Law Reform Commission, Australian Government 24 May 2024
Allies for Uluru Statement of Commitment NA 22 May 2024
Inquiry into civics education, engagement and participation in Australia (joint ANTAR & ALA submission) Joint Standing Committee on Electoral Matters 20 May 2024
Impact of the regulatory framework for cannabis in New South Wales Portfolio Committee No. 1 – Premier and Finance, Parliament of New South Wales 17 May 2024
Alternative diversion model for children under the raised minimum age of criminal responsibility Attorney-General's Department, Government of South Australia 25 March 2024
NDIS participant experience in rural, regional and remote Australia Joint Standing Committee on the National Disability Insurance Scheme, Parliament of Australia 23 February 2024
Open letter: Investment in prevention strategies and health services – not more Tasers – for Victoria The Hon. Jaclyn Symes, Attorney-General of Victoria 22 February 2024
A framework for Voluntary Assisted Dying in the Northern Territory

Expert Advisory Panel, Department of Chief Minister and Cabinet, Northern Territory Government

Final report

16 February 2024
Inquiry into the potential for a Human Rights Act for South Australia Social Development Committee, Parliament of South Australia 14 February 2024
Reproductive, maternal and paediatric health services in Tasmania Select Committee on Reproductive, Maternal and Paediatric health services in Tasmania, Parliament of Tasmania 25 January 2024
Open letter – Implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Australia Parliament of Australia 6 December 2023

Inquiry into a Process to Review Bills for their Impact on First Nations Territorians

Hearing testimony from Cathy Spurr, pp.17-20

Legal and Constitutional Affairs Committee, Legislative Assembly of the Northern Territory

Report

28 September 2023
Birth trauma

Select Committee on Birth Trauma, Legislative Council, Parliament of NSW

Final report

10 August 2023
Inquiry into Australia's Human Rights Framework

Parliamentary Joint Committee on Human Rights

Report

30 June 2023
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023

Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum

Report

21 April 2023
Inquiry into Tasmanian Adult Imprisonment and Youth Detention Matters Tasmanian Legislative Council Sessional Committee Government Administration B 17 April 2023
Path to Treaty Bill 2023, joint submission with ANTAR and ANTaR Queensland

Queensland Parliament Community Support and Services Committee

Report

23 March 2023
Strengthening Community Safety Bill 2023

Queensland Parliament Economics and Governance Committee

Report

23 February 2023
Scoping the establishment of a Federal Judicial Commission The Attorney-General’s Department 21 February 2023

Missing and murdered First Nations women and children

Joint ANTAR & ALA submission 24 Nov 2022

Senate Legal and Constitutional Affairs References Committee 10 November 2022
Bail: Show cause offences & the unacceptable risk test

New South Wales Law Reform
Commission

Report

28 September 2022
Legislative Responses to Coercive Control
in Western Australia (Discussion Paper)
WA Department of Justice –
Commissioner for Victims of Crime
7 September 2022

Inquiry into the decriminalisation of
certain public offences, and health and
welfare responses

Hearing testimony by Greg Barns SC representing the ALA (pp.22-25)

Community Support and Services Committee (Queensland)

Report

22 August 22
Domestic Application of the UNDRIP

The Senate Legal and Constitutional Affairs References Committee

Report

22 June 2022

ALA Federal Election 2022 Survey Report

ALA Survey Report 19 May 2022

Review of the operation and effectiveness of the serious violent offences scheme under the Penalties and Sentences Act 1992 (Qld)

Queensland Sentencing Advisory Council

Report

25 November 2021

Inspector of Detention Services Bill 2021

Annexure: Sisters Inside Submission on the QLD Inspector of Detention Services Bill 2021

Queensland Parliament Legal and Safety Committee review of the Inspector of Detention Services Bill 18 November 2021

Working with Children (Indigenous Communities) Amendment Bill 2021

Queensland Parliament Legal Affairs and Safety Committee 16 November 2021

Review of Police Powers and Responsibilities and Other Legislation Amendment Bill 2021

Queensland Parliament, Legal Affairs and Safety Committee 12 October 2021
The Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 Queensland Parliament Community Support and Services Committee 8 October 2021
Options for legislating against coercive control and the creation of a standalone domestic violence offence Women’s Safety and Justice Taskforce, Queensland Government 8 July 2021

Response to the Interim Report to the Australian Government on Indigenous Voice Co-Design Process

Indigenous Voice Co-Design Process

22 March 2021
Youth Justice and Other Legislation Amendment Bill 2021

Legal Affairs and Safety Committee, Queensland Parliament

Report

8 March 2021

Inquiry into health outcomes and access to health and hospital services in rural, regional and remote New South Wales

Submission partially redacted for confidentiality.

Testimony from Catherine Henry on behalf of the ALA on 3 December 2021 (pp.10-16)

Portfolio Committee No. 2 – Health, Parliament of NSW

Report

1 February 2021

Current and former copyright and licensing arrangements for the Aboriginal Flag design

Select Committee on the Aboriginal Flag, Parliament of Australia

Report

18 September 2020

Inquiry into First Nations people in custody in New South Wales

Subsequent appearance at online public hearing on 26 October 2020. (Dr Louis Schetzer can be read from p3.)

Select Committee on the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody, Parliament of NSW

Report

24 August 2020
Third open letter to Australian governments on COVID-19 and the criminal justice system

Australian governments

8 August 2020
Inquiry into family, domestic and sexual violence

House Standing Committee on Social Policy and Legal Affairs, Parliament of Australia

17 July 2020
Joint submission for the report of the Special Rapporteur on the rights of indigenous peoples to the General Assembly — Impact of COVID-19 on indigenous peoples

Mr Francisco Calí Tzay, United Nations Special Rapporteur on the rights of indigenous peoples

Report

19 June 2020
Joint submission: OPCAT, places of detention and COVID-19

Select Committee on COVID-19, Parliament of Australia

27 May 2020
NDIS Workforce Joint Standing Committee on the National Disability Insurance Scheme, Parliament of Australia 15 April 2020
Second open letter to Australian governments on COVID-19 and the criminal justice system Australian governments 8 April 2020
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability Commissioners, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability 20 March 2020
Open letter to Australian governments on COVID-19 and the criminal justice system Australian governments 20 March 2020
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability – the Criminal Justice System Commissioners, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability 12 March 2020
Age of Criminal Responsibility Working Group Review Council of Attorneys-General 13 February 2020
Native Title Legislation Amendment Bill 2019

Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee

Report

28 November 2019
Nationhood, National Identity and Democracy

Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee

Report

18 September 2019
Inquiry into Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples

Parliament of Australia, Joint Select Committee on
Constitutional Recognition relating to Aboriginal
and Torres Strait Islander Peoples

Interim Report

Final Report

12 June 2018