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Indigenous Law and Justice

The Indigenous Law and Justice Branch is responsible for program development and implementation, policy in relation to Indigenous legal aid services, law and justice advocacy, and prevention, diversion, rehabilitation and restorative justice programs which aim to prevent adverse contact by Indigenous Australians with the criminal justice system. The Branch is also responsible for Family Violence Prevention Legal Services which aim to provide early intervention programs and culturally appropriate assistance to Aboriginal and Torres Strait Islander adults and children who are victims of family violence, including sexual abuse.

Our areas of responsibility

Legal aid services for Indigenous Australians

This program funds a network of service providers around Australia who provide high quality, culturally sensitive legal aid services to Indigenous Australians. The services are provided at 78 permanent sites, court circuits and outreach locations in urban, rural and remote areas across Australia.
 
The range of services provided include:
1. information, initial legal advice, minor assistance and referral
2. duty lawyer assistance, and
3. legal casework services for criminal, civil and family law matters.

Further information on the services provided, and contact details for service providers and locations, are available at the links below.
 
This program also provides funding for test cases that advance the rights of Indigenous Australians.

Family violence prevention legal services

The Australian Government Attorney-General’s Department (AGD) provides funding for the Family Violence Prevention Legal Services (FVPLS) and the Early Intervention and Prevention Program (EIPP). The FVPLS assist Indigenous adults and children who are victims-survivors of family violence, including sexual assault/abuse, or who are at immediate risk of such violence. The EIPP seeks to prevent family violence and sexual assault/abuse from occurring.

FVPLS units are expected to ensure that the services offered are accessible and culturally appropriate to Indigenous adults and children, in the specified service region, regardless of gender, sexual preference, family relationship, location, disability, literacy or language. The program-specific terms, conditions and schedule requires compliance with the AGD Family Violence Prevention Legal Service Operational Framework, July 2006.

FVPLS delivers the following services in a safe and culturally sensitive environment:

• legal advice and casework assistance
• court support
• counselling to victims of family violence and sexual assault
• assistance and support to victims of sexual assault
• child protection and support
• information, support and referral services
• community promotion initiatives, and
• referrals.

Prevention, diversion, rehabilitation and restorative justice

This program supports prevention, diversion, rehabilitation and restorative justice-related projects designed to help reduce Indigenous people’s adverse contact with the justice system. Given the rapid growth of the young Indigenous population emphasis is placed upon the needs of children and young people so that any cycles of offending can be disrupted as early as possible. The types of activities that receive funding include community night patrols, a variety of projects for children and youth at risk, and prisoner support services.

To apply for funding under this program organisations can lodge a submission through the annual Office of Indigenous Policy Coordination e-Sub process. Further information on the process is available at the OIPC website.

Law and justice advocacy development

This program supports law reform, monitors deaths in custody and community legal education, and is involved in relevant research and education projects aimed at promoting practical policies for Aboriginal and Torres Strait Islander law and justice.

To apply for funding under this program organisations can lodge a submission through the annual Office of Indigenous Policy Coordination e-Sub process. Further information on the process is available at the OIPC website.

Indigenous law and justice policy

The Indigenous Policy Section of the Indigenous Law and Justice Branch aims to support Indigenous Australians in their pursuit of social, cultural, economic and political rights through the legal system. This is achieved by providing policy input to other government programs, including those administered by the Department.

Northern Territory service delivery

On 21 June 2007 the Australian Government announced national emergency measures to protect Aboriginal children in the Northern Territory from abuse to give them a better, safer future. These measures are being introduced in response to the concern held for the welfare of Aboriginal children in the Territory.

The Northern Territory service delivery team is responsible for the overall coordination of the Department’s contribution to the response measures introduced recently by the Australian Government.

The team works closely with all areas of the Department, as well as other Australian Government agencies, on a number of issues including:

• providing advice on potential changes to Commonwealth and Northern Territory legislation, including relating to land acquisition, alcohol bans, criminal law and law enforcement and classification laws
• advising on issues arising under constitutional law, administrative law, international law, privacy law and the Racial Discrimination Act 1975 (RDA), and
• assisting to brief key stakeholders, including the Australian Federal Police, the Australian Crime Commission, Ombudsman, Privacy Commissioner and Commissioners from the Human Rights and Equal Opportunity Commission.

The team is also responsible for program administration aspects of the response including liaising with legal assistance service providers and the Northern Territory Aboriginal Interpreter Service funded by the Department and facilitating the roll out of night patrols in the 73 NTER communities.  Further information relating to the roll out of night patrols is contained in the related links box.

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) has produced a number of fact sheets which provide further information. The fact sheets are available from FaHCSIA’s Emergency Response to protect Aboriginal children in the NT web page at http://www.facsia.gov.au/nter/. 

Regional operations

The Regional Operations Section has overall responsibility for overseeing the Indigenous Coordination Centre (ICC) staff located in regional locations around Australia. ICC staff members are responsible for the effective day-to-day management of Indigenous Law and Justice Branch programs.

The staff in ICCs work closely with service providers, funded organisations and Indigenous families, individuals and communities on matters relating to efficient and effective program delivery. In addition, they liaise with representatives of Australia and State, Territory and local governments. State Contact Officers are responsible for responding to any queries received in those ICCs where there are no Attorney-General’s Department staff.