Youth Koori Court launched in Dubbo to support young Indigenous offenders

It's hoped the over-representation of Indigenous people in the criminal justice system can be reduced by newly funded programs designed to prevent offending and give culturally appropriate support in court.  

The programs, which have been described by some elders as well overdue, include regional NSW's first Youth Koori Court in Dubbo.

Circle sentencing, in which a punishment is determined by elders, family members and sometimes victims, will also be expanded into eight new local courts.

A program currently operating in Bourke will be expanded to new locations with a focus on community-led initiatives aimed at preventing crime by addressing the underlying causes.

Indigenous elders hope reviving an ancient ceremonial ground to provide a space for men to gather could help address social problems.

Figures show Indigenous children make up 43 per cent of all young people being held in NSW detention despite them only accounting for 5.3 per cent of the state's youth population.

The Youth Koori Court was first established as a pilot program at Parramatta Children’s Court in 2015 and expanded to Surry Hills in 2019 with a "culturally appropriate sentencing path".

NSW Bureau of Crime Statistics and Research figures show children partcipating in the court are 40 per cent less likely to be jailed than those who go through ordinary sentencing court, without any adverse impact on re-offending.

Differences to the mainstream system include deferring sentencing for up to 12 months so an action and support plan can take place and be considered when the time for sentencing arrives. 

The NSW Government is investing $5.8 million over four years to establish the court in Dubbo which will is expected to help 160 young Indigenous people.

Aboriginal Legal Service chief executive Karly Warner said sending people to prison resulted in more recidivism, crime, family separation and trauma.

"But if we invest in things like mental health services, drug and alcohol rehabilitation, housing and youth centres we get healthier, safer communities," she said.

Barrister and former Dubbo mayor, Stephen Lawrence, was part of the push to introduce more support services to western NSW to address the region's shocking crime and addiction rates.

"The aim is to tailor and adapt the processes and orders of the court to provide individuals with what they need to become happy, law-abiding, productive members of the community," Mr Lawrence said.

"It (creates) a culturally-appropriate space which offers those wraparound services to reduce reoffending."

Dubbo Regional Council also successfully campaigned for a rehab and drug court.

"This isn't about race," Mr Lawrence said.

"This is about underlying social problems."

He said crime would grow in any community where those problems were present.

"It must be remembered that those problems are disproportionately present in the Aboriginal community because of the tragic history of colonisation in this country and its ongoing effects," he said.

He said spending money on the programs was worthwhile.

"Our regional crime rates are entrenched at three and four times the state average," Mr Lawrence said.

"We need to spend significant money on social services that address the underlying causes of crime in order to ultimately spend less on police and prisons."

Batemans Bay on the NSW far south coast will soon have circle sentencing introduced.

More than 1,450 circle sentencing sittings have been held since the program was started in Nowra 20 years ago, according to the state government.

Walbunja elder Bunja Smith said circle sentencing would be welcomed in the community but the announcement had come too late.

"This would have been welcomed 10 years ago but I've slowly watched incarceration rates climb," he said.

"When you have a government that is that slow to act, I really wonder if they are committed to what they are trying to do with this announcement."

Mr Smith said the program often required a lot of people power to work.

"You usually need to gather eight to 12 elders to come and participate," he said.

"It's really resource intensive."

Mr Smith said the announcement felt like an "election pitch".

"There has been no community consultation," he said.

"It makes me wonder 'are they really serious about Aboriginal incarceration rates or are they just giving us more lip service'?"

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