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 |
|---|---|---|
| Strengthening Community Safety Bill 2023 | Queensland Parliament Economics and Governance Committee |
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 |
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 Hearing testimony by Greg Barns SC representing the ALA (pp.22-25) |
Community Support and Services Committee (Queensland) |
22 August 22 |
| Domestic Application of the UNDRIP | The Senate Legal and Constitutional Affairs References Committee |
22 June 2022 |
| ALA Survey Report | 19 May 2022 | |
Queensland Sentencing Advisory Council |
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 |
8 March 2021 |
|
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 |
1 February 2021 |
Current and former copyright and licensing arrangements for the Aboriginal Flag design |
Select Committee on the Aboriginal Flag, Parliament of Australia |
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 |
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 |
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 |
28 November 2019 |
| Nationhood, National Identity and Democracy | Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee |
18 September 2019 |
| Inquiry into Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples | Parliament of Australia, Joint Select Committee on |
12 June 2018 |
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