November / December 2009 Volume 7 Issue 15

Editorial

In 2008, we were shocked to learn about the tragic death in custody of Mr Ward, an Aboriginal elder from Western Australia. Transported in the back of a prison van over a 360km journey, with little water and no fresh air, the case caused a national outcry and prompted a coronial inquest. WA Coroner, Alastair Hope released his final report in June, 2009. Jonathan Hunyor opens this edition with a human-rights based discussion of the Coroner’s findings and recommendations.

At the other end of the spectrum, Russell Evans and Elizabeth Fraser discuss different approaches to improve the safety of young people residing in Queensland’s youth detention centres. Examining the issues raised by Aboriginal and Torres Strait Islander detainees, they discuss the best way to protect the rights, interests and wellbeing of Indigenous young people, both while serving their sentence and during the transition back to the community.

Eileen Baldry considers the complex problems facing Indigenous women when leaving prison and examines how these circumstances can contribute to the cycle of crime. Reflecting on responses from discussions with Aboriginal women in Western Sydney, Eileen identifies their particular priorities and considers how integrated, specifically adapted post-release services could help stem the number of Indigenous women coming into contact with the criminal justice system.

The issue of appropriate legal and social supports is critical to the question of Indigenous overrepresentation. Melanie Schwartz and Chris Cunneen discuss this relationship, arguing that the overwhelming emphasis on criminal law needs distracts from equally important, though perhaps less urgent, practical concerns. They argue that more attention needs to be paid to specific areas of civil law, by both legal aid and Aboriginal legal services, to prevent these unaddressed issues from escalating into offending behaviour.

Loretta de Plevitz and Heron Loban have been working on redressing this shortfall in civic legal knowledge through the Got Rights project. They have created a multi-media resource for Indigenous communities and service providers living in remote parts of Queensland. The project aims to raise awareness about civil law rights and what legal recourses are available when those rights are infringed.

Finally, Daniel Herborn reviews the Goreng-Goreng case, reflecting on how this case contributes to our understanding of the criminal law, the disclosure of confidential Government information and the implied freedom of political communication.

Zrinka Lemezina
Editor

Disgrace: The Death of Mr Ward
By Jonathon Hunyor

The Views and Experiences of Aboriginal and Torres Strait Islander Young People in Queensland’s Youth Detention Centres
By Russell Evans and Elizabeth Fraser

Home Safely: Aboriginal Women Post-Prison and their Children
By Eileen Baldry

From Crisis to Crime: The Escalation of Civil and Family Law Issues to Criminal Matters in Aboriginal Communities in NSW
By Melanie Schwartz and Chris Cunneen

Access to Information on Civil Law for Remote and Rural Indigenous Peoples
By Loretta de Plevitz and Heron Loban

Secrecy and Commonwealth Information: Revisiting Goreng-Goreng
By Daniel Herborn

Regular

Months in Review – November/December
Compiled by Zrinka Lemezina

Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (27) 2007 are available online at http://www.austlii.edu.au/au/journals/AboriginalLB and http://www.austlii.edu.au/au/journals/ILB/.