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Editors --- "Intergovernmental Summit on Violence and Child Abuse in Indigenous Comunities : Communiqué - Digest" [2006] AUIndigLawRpr 57; (2006) 10(3) Australian Indigenous Law Reporter 87

INTERGOVERNMENTAL SUMMIT ON VIOLENCE AND CHILD ABUSE IN INDIGENOUS COMMUNITIES: COMMUNIQUE

SAFER KIDS, SAFER COMMUNITIES

Canberra, Australia 26 June 2006

Customary Law and Bail

All Governments agree that customary law in no way justifies, authorises or requires violence or sexual abuse against women and children.

The Commonwealth will review bail conditions in relation to Commonwealth offences and has invited the States and Territories to review their bail legislation so that law enforcement and judicial officers when considering bail give primacy to any risks to the victim; and that, in particular, account be taken of the effect on families and communities, including remote communities, of an accused person returning to the community before their cases have been substantively dealt with by the courts.

The Commonwealth also indicated its intention to amend 16A of the Crimes Act 1914 to delete reference to any mandatory consideration of cultural background for all offences against Commonwealth law and to exclude from sentencing discretion for all Commonwealth offences claims that criminal behaviour was justified, authorised or required under customary law or cultural practice and has invited the States and Territories to ensure like provisions are implemented in each jurisdiction.

The Commonwealth proposed that these proposals should be forwarded to the next COAG meeting for discussion.

The States and Territories noted that they intend to raise the issues of relevance to State/Territory jurisdictions for detailed discussion at Standing Committee of Attorneys-General.

Law Enforcement

All jurisdictions recognised the vital role of intelligence and effective policing in addressing violence and child abuse in Indigenous communities. They also agreed that relevant criminal activity included organised crime involving drugs and alcohol, pornography and fraud. There was unanimous support for the establishment of a National Intelligence Unit subject to details being determined by the Australian Police Ministers’ Council (APMC) meeting on 29 June 2006.

It was agreed that points for discussion at APMC would include:

1. the seconding of AFP or Australian Crime Commission (ACC) officers to each jurisdiction (except the ACT and Tasmania) for intelligence collection and management;
2. Commonwealth funding of personnel at the ACC to deal with intelligence collection and assessment;
3 resources to be contributed by the States and Territories;
4. how seconded AFP officers would liaise with Sate and Territory police to assist in the collection of intelligence; and
5. how State and Territory police would provide any necessary follow-up in relation to intelligence gathered.

Some jurisdictions supported establishing strike teams or taskforces led by each jurisdiction to provide specialist capacity to intervene against serial violence and related criminal activity. This matter will be pursued bilaterally. Other jurisdictions indicated they already had strike teams.

It was agreed that the APMC would report to COAG in time for its meeting of 14 July 2006.

Senior Indigenous Network

The Australian Government will invest $4 million to support leadership development of Indigenous women and men in Indigenous communities.

The Australian Government will negotiate bilaterally with the States and Territories to target this investment, for example by supporting and expanding existing networks or the establishment of new networks.

The overarching principle in these negotiations will be that the States and Territories match or exceed the Australian Government’s investment.

Protection for Victims

All jurisdictions recognise the importance of providing additional safe places for victims of violence and abuse. The jurisdictions agreed to undertake bilateral discussions to determine the placement of such services.

All jurisdictions agreed to consider increased legal support for victims.

Drug and Alcohol Rehabilitation Services

All jurisdictions recognise the close links between substance abuse and violence and the need for additional services for those who are addicted. The Australian Government’s commitment of up to $50m to jointly fund additional drug and alcohol services was welcomed by the States and Territories. Services will be provided on the basis of need and details of locations will be developed on a bilateral basis.

Health and Well-Being of children

The States and Territories welcomed the Australian Government’s commitment to trial an extension to the Indigenous Child Health Check in one region. The provision of a special team to conduct some 2000 checks with a further team to provide support and follow-up treatment was acknowledged as an important complementary measure.

Corporate Governance

The Australian Government proposed that funding guidelines be amended to ensure that government funding, from all levels of government, be restricted to organisations managed by fit and proper persons. The States and Territories agreed in principle. The Australian Government is going to do this.

Compulsory School Attendance

While all jurisdictions recognise that attending school is a critical foundation element, there was little agreement about how to ensure that all Indigenous children are enrolled and attend school. This issue, including mechanisms to improve school attendance and data sharing, will be referred to the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA).

This communiqué is available online at <http://www.atsia.gov.au/Media/media06/4606.aspx> .

Vol 10 no 3, 2006