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Bitsis, Amelia --- "State and Territory Implementation of the Recommendations of the Royal Commission: Victoria" [2001] IndigLawB 36; (2001) 5(8) Indigenous Law Bulletin 13

State and Territory Implementation of the Recommendations of the Royal Commission –

Victoria

by Amelia Bitsis

The Royal Commission into Aboriginal Deaths in Custody stated that:

The first strategy in reducing the number of deaths in custody is to reduce the number of people coming into custody in the first place.

The underlying social, cultural and legal factors, which bear on deaths in custody, must be addressed if this is to be achieved.

It is important to stress that effecting improvements to standards of custodial care is not the solution to deaths in custody, but the last opportunity to avert those deaths which are and may have been preventable.

The Victorian Aboriginal Justice Agreement is a landmark agreement made in May 2000 between the Victorian Government, Aboriginal Justice Advisory Committee (‘AJAC’) and the Aboriginal and Torres Strait Islander Commission’s Victorian Office.[1] It is the first time that Aboriginal people have been integrally involved in the negotiation of an agreement which relates to the justice system and will result in renewed commitment to implementing the recommendations of the Royal Commission into Aboriginal Deaths in Custody in Victoria.

The Victorian AJAC strongly believes that the solutions to the over-representation of Aboriginal people in the justice system lie in addressing the underlying issues which bring people into contact with the system. Providing support services for children and families and programs for youth at risk is the critical step needed to bring about real change to the rate at which Aboriginal people come into contact with police and the criminal justice system.

Victorian AJAC’s approach to implementing the RCIADIC recommendations through the Agreement seeks to ensure that there is a commitment, a sense of responsibility and a framework for achieving the objective of reducing incarceration rates. In this regard, the Victorian Aboriginal Justice Agreement ensures that the development of programs and services in the justice area and their implementation will occur in partnership with Aboriginal communities.

The framework forming part of the Victorian Aboriginal Justice Agreement binds all of the parties – the Victorian Government, justice agencies and Aboriginal communities – to achieving a set of objectives. The Agreement provides for appropriate planning, implementation and monitoring frameworks. A key plank of the Agreement involves Regional AJACs bringing together Aboriginal organisations and relevant government agencies at the local and regional level. They will be responsible for developing regional Justice Agreements feeding into the statewide plan.

Significantly, the Aboriginal Justice Agreement enshrines the notion that the best practice examples of service delivery in the justice area are those delivered by Aboriginal agencies, in partnership with government. The Agreement also provides for the establishment of effective linkages and coordination of current and future service delivery between government and Aboriginal communities at a statewide and local level.

The Victorian Aboriginal Justice Agreement is a partnership agreement. It is an opportunity for all of us to achieve change and achieve a set of agreed objectives. It is an opportunity for government and Aboriginal communities to pursue a joint strategic direction and a shared vision for future generations.

Amelia Bitsis is an Executive Officer of the Aboriginal Justice Advisory Committee (Victoria).


[1] See www.justice.vic.gov.au

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