ADC Annual Report 1999/2000

From the Commissioner

Public Awareness

It has been a particularly challenging year as the Commission sought to educate and work in partnership with all sectors of the various urban and remote communities across the Northern Territory. The Commission has developed a significant and positive profile with key groups across the Territory. It is the quality of the relationships developed between the Commission, the NT Government and key interest groups that have proved to be of greatest benefit in protecting and promoting human rights issues throughout the Territory.

The Commission has enhanced and upgraded its awareness raising and contact officer training programs. A fee is now charged for training other than for rights-based training. The charging policy has not resulted in a reduction in the demand for training, in fact quite the opposite. The Commission is currently engaged in training both public and private sector organisations and intends to be more proactive with young people in the school environments in the near future.

Office in Alice Springs

In my last report I signalled my intention to establish a greater presence in Alice Springs. Co-location with the Ombudsman’s office will occur later this year. Whilst no staff from the Commission will be permanently based in Alice Springs, the establishment of an office base will facilitate service delivery for the Commission’s trainer, conciliators and myself. The support from the Ombudsman and Government in bringing this project to fruition is greatly appreciated.

Partnerships

In keeping with Government’s policy of "Working in Partnerships" I have actively promoted the development of positive relationships with key government agencies to help us better serve the community. I have recently facilitated the resolution of the high profile Alice Springs Taxi dispute involving five Government agencies, a number of Aboriginal communities and the Taxi industry. It was the first time these parties had come face to face and they evidenced a commitment to work together in the future to achieve improved outcomes. A code of conduct and training program facilitated by the Commission has been put in place with an emphasis on discrimination and cultural awareness issues. The Commission welcomed the opportunity to work with all parties and help facilitate outcomes that were driven by the parties themselves.

The Commission was also involved as the facilitator in the Ayers Rock Resort Swimming Pool and Mutitjulu community dispute. The parties worked in a spirit of partnership and achieved outcomes that were mutually acceptable.

I continue to meet with both complainant and respondent representative bodies to gauge how the Commission can improve its service to the community. Further, the Commission’s staff review and business plan are nearing completion and a new Director of the Law, Policy and Conciliation division has recently been appointed. These are all steps aimed at improving the Commission’s performance in protecting and promoting human rights and equal opportunity.

Conciliation

Conciliation continues to be the main process for resolution of complaints brought to the Commission. Due to the number of cases coming to the Commission two additional conciliators were employed on a temporary basis to help ensure the timely management of all matters submitted. Additional funds were sought and obtained from Treasury, and Government support with staffing and other resource issues has ensured the community has received a more timely and effective complaint resolution service.

Mandatory Sentencing

The Commission has played an active role in encouraging Government to rethink its approach to mandatory sentencing. The impact of mandatory sentencing on juveniles, including Aboriginal juveniles has been modified with the Government’s recent reforms. The national mandatory sentencing debate generated the necessary impetus for wide community consultation and the Government’s agreement to extend diversionary programs to juveniles aged 10 to 17 years has been welcomed throughout the community. The fact that the extension also goes beyond the original Court ordered diversion concept, and allows Police a major role in diverting juveniles to restorative justice, is not only very welcome, but also brings the NT in line with other Australian and overseas jurisdictions that have proved the success of such diversionary programs in recent years. The Police will need a major training program to ensure the appropriate and successful implementation of the Government’s diversionary programs policy. The transparency of the diversionary program processes will also be critical to assist the wider community to embrace this contemporary restorative justice model.

When the diversionary programs were introduced in August 1999 many people felt that victim/offender conferencing would not be appropriate in Aboriginal communities and that most conferences would occur in urban centres. This has not been the case. The first conferences have, in fact, taken place in remote Aboriginal communities. As the successful outcomes of these victim offender conferences and other diversionary programs become well known and accepted, it is hoped that similar diversionary programs will become available for adult offenders and the victims of their crimes in appropriate cases.

There are also important questions relating to the impact of mandatory sentencing on other identified groups, including women and those with disabilities. The Commission will continue to work with Government and key community groups to assist in identifying areas requiring modification in this regard.

Aboriginal Interpreter Service

The Commission has been committed to the introduction of an Aboriginal Interpreter Service across the Northern Territory, particularly a service that assists people in obtaining legal and medical services. An Aboriginal Interpreter Service is now in place, however, there is still much confusion and uncertainty relating to its operation. The funding issues, particularly with respect to the Commonwealth/NT funding agreement remain. This requires finalisation and greater publicity.

Confusion over human rights and social justice issues creates divisions within the community and denigrates the many thousands of people working towards a fairer and more equitable Northern Territory.

Conclusion

The Commission’s continued ability to work to promote and support a fair and equitable society needs everyone’s support. The continued support from, and dialogue with, Government is vital if our charter is to be realised, as is the support and interaction with our communities of interest. The Government’s "Working in Partnerships" philosophy is a great concept and one that the Commission proudly embraces. Clearly, as we travel the path of the new millennium it will be through our combined efforts that we will create a Territory that is free from discrimination and where all Territorians have an opportunity to participate equally.

Tom Stodulka