WGG Australia and University of Newcastle Centre for Law and Social Justice recently held a panel to discuss domestic violence and Indigenous women. We were fortunate enough to have Shantell Bailey (Legal Aid) and Adam Checkley (Aboriginal Legal Service) join us to offer their insight. Adam highlighted that Aboriginal and Torres Strait Islander (ATSI) women face disproportionately high rates of domestic violence, being approximately 31 times more likely to be hospitalised due to domestic violence than the general population. Legal systems have historically let down these communities, with many finding the Court system overwhelming. Additionally, housing and Centrelink issues often force women back into abusive situations. Shantell noted structural barriers within the legislation, including housing risks and the reluctance of ATSI women to share details of abuse due to cultural factors like shame and mistrust of the legal system. Both speakers acknowledged that mistrust of the legal system stems from its historical role in displacing ATSI people. To build trust, legal professionals need to engage directly with communities, establish outreach and referral networks, and adapt their communication to meet client needs. Adam emphasised that mistrust is often mistaken for disinterest, which further alienates the community. Shantell called for reforms in housing availability, as limited options prevent women from leaving abusive situations. The current waitlists and priority lists are full, and more suitable housing is needed. She also discussed the limited protections under the Residential Tenancies Act for women experiencing domestic violence. Both panellists emphasised the need for better community policing and collaboration with ATSI-controlled organisations. They highlighted the importance of not imposing solutions on communities without consultation and respecting clients' expertise in their own lives. Advocacy should avoid creating unrealistic expectations or the notion of a "perfect victim-survivor." The panel underscored the need for trust, cultural awareness, and systemic reform to address the specific challenges faced by Indigenous women in domestic violence situations. Thank you to Adam and Shantell for providing your insight.
Giorgia Wilson’s Post
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Victoria's plan to raise the age of criminal responsibility from 10 to 14 by 2027, and similar discussions in New Zealand, highlight the importance of empathy in shaping our laws. I know and have seen how empathy can positively impact a child's development. When parents and the state (what?!!!) respond to their children's mistakes with understanding, they create a safe space for growth. This approach can also be applied to our legal systems I think. In New Zealand, an estimated one in twenty children are known to Police for offending before reaching 14 years of age. Boys are twice as likely as girls to offend, and Māori children are approximately three times more likely than non-Māori children to become known to Police as offenders by age 14. These statistics underscore the need for a supportive, rather than punitive, approach to youth crime. Why 2027? Why Not Now? Dunno. maybe the gradual approach to raising the age of criminal responsibility to 14 by 2027 in Victoria is designed to allow time for the necessary infrastructure and support systems to be put in place? This includes training for law enforcement, development of alternative rehabilitation programs, and ensuring that social services are adequately prepared to handle the increased demand. Immediate implementation could overwhelm existing systems and fail to provide the necessary support for affected children? Why Not Older? Research supports raising the age of criminal responsibility to at least 14, as recommended by the United Nations Committee on the Rights of the Child. This is based on evidence that children's brains are still developing, and they do not fully understand the consequences of their actions. Duh. Some experts argue for an even higher age, such as 15 or 16, to align with the developmental science that shows significant cognitive and emotional growth continues into late adolescence. However, raising the age to 14 is seen as a balanced approach that aligns with international standards while being feasible for implementation. Hmmm. Raising the age of criminal responsibility acknowledges that children need support, not punishment. This empathetic stance can help guide them towards a better future I reckon. What do you think? #Empathy #ChildDevelopment #Legislation #Parenting #YouthWelfare Indigenous and legal groups condemn Victoria’s backflip on raising the age https://lnkd.in/dsKECeXW
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Legal services save lives. We can not stress this enough. Womens legal services provide an essential and highly specialised function for women who flee violence- we need them. 52,000 women are turned away every year- and they are the ones who know they CAN access a service. The NLAP is critical and requires commitment from all governments across the country as a matter of urgency. Women's Legal Service NSW Women's Legal Centre ACT & Region Women's Legal Service Queensland #savecommunitylegalcentres
The Federal Government has failed to recognise the crucial role of community legal centres in responding to violence against women and children. Today the DFSV Commissioner, Micaela Cronin released her first annual update on progress under the National Plan to End Violence Against Women and Children. The Federal Government’s response fails to recognise that adequate funding for community legal centres, including Women’s Legal Services, is crucial to ending violence against women and children. Women’s Legal Services across the country are forced to turn away 1,000 women per week from accessing their services, due to lack of funding. We are calling on the Federal Government to invest an additional $95 million per year in the community legal sector to respond to domestic, family and sexual violence. Thanks Zali Steggall OAM MP and Kate Chaney MP for your advocacy for increased funding for legal assistance services. #SaveCommunityLegalCentres #FundTheFrontline https://lnkd.in/gvbr_5Cu
Frontline workers disappointed in government DV update
abc.net.au
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The Federal Government has failed to recognise the crucial role of community legal centres in responding to violence against women and children. Today the DFSV Commissioner, Micaela Cronin released her first annual update on progress under the National Plan to End Violence Against Women and Children. The Federal Government’s response fails to recognise that adequate funding for community legal centres, including Women’s Legal Services, is crucial to ending violence against women and children. Women’s Legal Services across the country are forced to turn away 1,000 women per week from accessing their services, due to lack of funding. We are calling on the Federal Government to invest an additional $95 million per year in the community legal sector to respond to domestic, family and sexual violence. Thanks Zali Steggall OAM MP and Kate Chaney MP for your advocacy for increased funding for legal assistance services. #SaveCommunityLegalCentres #FundTheFrontline https://lnkd.in/gvbr_5Cu
Frontline workers disappointed in government DV update
abc.net.au
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The Queensland Aboriginal & Torres Strait Islander Child Protection Peak Ltd believes in addressing the underlying causes of youth offending, recognising and upholding the rights of victims, and effectively supporting children and young people to make positive contributions to their communities. Our submission to the Making Queensland Safer Bill 2024 represents our considered advice to the Queensland Government, rooted in QATSICPP's dedication to ensuring evidence-based and effective policy frameworks. By proposing practical amendments and advocating for community-informed approaches, we aim to address potential risks proactively while supporting the goal of community safety. We recommend: 1) The Queensland Government significantly increase investment in Aboriginal and Torres Strait Islander community-driven solutions to reduce numbers of First Nations youth in contact with the justice system. Funding must be targeted across the continuum of care, from prevention and early intervention to reintegration, prioritising First Nations-led models proven to deliver better outcomes at significantly lower costs. 2) The Bill be amended to remove non-violent offences (e.g. unlawful use of a motor vehicle and non-violent burglary offences) from the list of 'Adult Crime Adult Time penalties it is proposing in Clause 19 to ensure legislation that enables proportionate and rehabilitative sentencing. 3) Given the research about the links between early age and severity of involvement in the criminal justice system as precursor to system entrenchment, QATSICPP proposes the Queensland Government amend the Bill so that the new maximum penalties (Clause 19 of the Bill) apply only to young people aged 14 and over. 4) The Bill be amended to retain provisions within the current Children's Court Act allowing the Children's Court to make exclusion orders in cases where the presence of certain individuals or entities could risk the safety of a person or prejudice the proper administration of justice. Judicial discretion is critical to safeguarding procedural fairness and protecting the rights of children. 5) QATSICPP recommends the Bill be amended to ensure restorative justice orders remain an available option for non-violent offences within the 'Adult Crime Adult Time' offences proposed in Clause 19. This ensures accountability and rehabilitation while reducing the overuse of detention for offences that can be effectively addressed through restorative justice solutions. 6) The Bill be amended to limit the admissibility of juvenile criminal history in adult proceedings to history involving serious and violent offences. This ensures that children with minimal contact with the justice system are not unnecessarily burdened by punitive legacies and preserves opportunities for effective rehabilitation and reintegration. About the Inquiry: https://lnkd.in/gk2cmKN9 #QATSICPP #YouthJusticePeak #Queensland #EvidenceBasedReform #SafetyForAll
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"The Overlooked Victims: Rethinking Legal Protections for Male Rape Survivors in Bangladesh" 🔴PART#3 To address the inequality faced by male victims of rape and ensure a fairer legal system, the following reforms are proposed: Amend the Penal Code: Introduce a gender-neutral definition of rape in Section 375 of the Penal Code. This would involve recognizing that rape can be committed by any individual, regardless of gender, against any other individual. Expand Legal Protections: Implement specific provisions to protect transgender and non-binary individuals from sexual violence, ensuring that the law is inclusive and protective of all citizens. Public Awareness Campaigns: Launch national campaigns to challenge societal perceptions of masculinity and raise awareness about the reality of male victimization. These campaigns should be based on scientific research and aim to educate the public on the psychological effects of rape on all genders. Support Services: Establish gender-inclusive support services, including mental health counseling, legal aid, and medical care, for all victims of sexual violence. These services should be accessible and designed to meet the specific needs of male victims. Judicial Training: Provide training for judges, law enforcement, and legal professionals on the importance of a gender-neutral approach to sexual violence cases. This training should be informed by the latest psychological and legal research to ensure that all victims and accused individuals receive fair treatment. The current legal definition of rape in Bangladesh is inadequate and discriminatory, failing to protect all citizens equally. By adopting gender-neutral legal reforms and implementing scientifically informed support systems, Bangladesh can create a more just and equitable society. These changes are not only necessary to comply with constitutional principles but also to align with global standards of human rights and equality. Through legal, scientific, and social reforms, Bangladesh can move towards a more inclusive and protective legal framework that serves all its citizens.
Law & Our Rights
thedailystar.net
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Throughout the last month, I have had the privilege of working alongside fellow students with the ANU Law Reform & Social Justice (LRSJ) Research Hub in preparing a submission to the Senate on youth justice and incarceration. Our submission focuses on Australia’s misapplication of international human rights law and implores the parliament to reflect on the depth of research available on the matter in making future policy decisions. As a law student aspiring for a career in the human rights sector, this was an incredible opportunity to refine my legal research and analysis pertinent to current issues within the Australian jurisdiction. I could not be more thankful to the LRSJ for their support as well as Bridie Liu and Jaden Ogwayo for their collaboration on this project. Amongst our recommendations were : 1. That the Government commit to further long-term funding for Justice Reinvestment programs and provide grants to States, territories, and local councils to fund their own Justice Reinvestment programs. 2. That the Government work with Indigenous communities to develop a national standard for recording data on Indigenous and non-Indigenous children at every point in their contact with the youth justice system. 3. That Australia raise the age of criminal responsibility to 14 in all jurisdictions. 4. That the Commonwealth work with States and territories to remove mandatory sentencing provisions from all criminal legislation. 5. That Australia should establish a federal wide body to oversee the implementation of National Preventive Mechanisms (‘NPM’) in accordance with Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘OPCAT’). 6. That the Commonwealth adopt enforceable national standards for youth justice and detention administration consistent with best practice standards and international human rights obligations. 7. That the Commonwealth implement minimum enforceable national standards regarding the design and implementation of mental health reporting and response policies. 8. That the Australian Bureau of Statistics also designate a criterion indicating the number of children incarcerated for federal offences under the Crimes Act 1914 (Cth). 9. That the Committee recommend that the Parliament adopt nationally enforceable standards for courtroom procedure involving young people to reflect the distinct vulnerabilities they experience.
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54 reasons has joined with almost 60 organisations in signing an open letter to the New South Wales Government against proposed youth bail changes that will lead to more children behind bars. We’ve taken this step because we know, from our own experience as a provider of youth justice services across Australia, that punitive approaches such as these do not work. “Jailing more children will not lead to a reduction in crime in NSW. Such punitive measures only serve to further harm and re-traumatise children, and do not make communities safer,” said 54 reasons NSW Director Claudia Lennon. “Restrictive bail laws and practices can have damaging consequences for children and lead to Aboriginal and Torres Strait Islander children being remanded at unacceptably high rates, further contributing to their overrepresentation in the youth justice system. “54 reasons supports calls from First Nations-led organisations, including Aboriginal Legal Service NSW, for the Government to abandon this move and we echo their warning that these bail law changes will cause ‘unspeakable damage to Closing the Gap and efforts to create a better future for Aboriginal children in NSW’. “A child-rights approach to youth justice in NSW is the only way forward. The Government should instead invest in early intervention and diversionary programs, including rights-respecting bail support services, that are culturally appropriate and trauma-informed.” Read more here: https://ab.co/43ja5NP?
'You're starting a war': NSW Premier Chris Minns warned over proposed bail changes
abc.net.au
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The Systemic Weaponization of Justice Against Aboriginal People: Time for Real Change. For far too long, the Australian legal and political systems have been used as tools to oppress Aboriginal people, not to protect or uplift them. From the stolen generations to modern-day policies that disproportionately target Aboriginal youth, the so-called "justice system" has become an extension of the long-standing effort to marginalize and criminalize us. Take, for example, the Northern Territory's plan to lower the age of criminal responsibility from 12 to 10—a move that clearly targets Aboriginal children. Rather than addressing the root causes of crime, such as poverty, trauma, and systemic neglect, the government opts for punishment over healing. But it’s not just the NT. In Queensland, we see politicians pushing for "mandatory isolation periods" for children in youth detention, even though experts have repeatedly warned about the severe detrimental effects of isolation, particularly on vulnerable Aboriginal youth who already face generational trauma. These children need support, not isolation. Yet political leaders are more interested in keeping their voter base happy than in offering real, compassionate solutions. Let’s be honest: many politicians and so-called leaders, including those in government, public service, and even CEOs of big NGOs, are not genuinely interested in solving these issues. Their performative concern for Aboriginal communities is just that—performative. It's become nothing more than a politically convenient way to score points or polish their reputations, all while effective solutions are left on the table. As someone who has spent many years working in government as a Community Engagement Officer, youth worker, and teacher, I've seen firsthand how these "leaders" continue to defund programs that are actually working—simply because they are too successful. Instead of real reform, we see ineffective leaders sitting comfortably in their positions, perpetuating the very problems they claim to solve. Why? Because for many, it’s easier—and more profitable—to keep the system broken. Aboriginal people, especially children, are consistently used as political tools. Whether it’s to win votes, curry favor with certain constituents, or distract from the government's failures, we’re scapegoated. And the media plays along, perpetuating narratives that cast us as the problem, as beyond help. This allows politicians to step in with their so-called "solutions," which in reality serve only the powerful, leaving our communities in even greater distress. This needs to stop. We need leaders who listen to Aboriginal voices and implement community-driven solutions, moving from punishment to healing. It's time to hold those in power accountable and foster real reform that addresses the root causes of trauma and inequality. https://lnkd.in/dfkVQd3i
Australia Jailing Children as Young as 10
hrw.org
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Our Closing the Gap Safety Target 13 Reduce the rate of all forms of family violence and abuse against Aboriginal and Torres Strait Islander women and children by at least 50 per cent by 2031, as progress towards zero Djirra- Sharing stories, finding solutions welcomes the release of the Independent Review of the National Legal Assistance Partnership (NLAP) today. The Review led by eminent person, Dr Warren Mundy, sets out crucial calls for the future of legal assistance to the most vulnerable people in Australia today. The current NLAP expires in June 2025. Legal assistance for vulnerable people is not just about being in court at the end of a process. Rather, it is ESSENTIAL early intervention that saves lives and prevents untold and hugely costly damage to individuals, families and the State. For Djirra and our sister family violence prevention and legal services (FVPLSs) this includes essential, culturally safe and holistic legal and non-legal assistance to Aboriginal women and children experiencing family and sexual violence. We NEED Governments to commit to Dr Mundy’s recommendations for: • Quarantining & indexing of FVPLS funding • Applying loading to allow for the complexity & longevity of supports • Reallocating funding from mainstream legal services to ACCOs so Aboriginal women are first offered culturally safe legal assistance • National coverage for FVPLSs • Longer term agreements, 5 years+ We also URGENTLY need the Department of Social Services to start funding FVPLS non-legal services which are integral to the integrity of the holistic service model. We are deeply concerned about the timing of announcements for a successor to NLAP, given the Federal election by May 2025 and State elections in Qld, WA & NT which mean purdah periods and limited time to form agreements. We need certainty. We need funding. We need to do more to support Aboriginal women and children’s safety. Aboriginal women’s lives matter. We call on Federal, State and Territory Governments to URGENTLY form a successor agreement to NLAP and to INVEST in FVPLSs. #NationalReconciliationWeek #NowMoreThanEver #AboriginalWomensLivesMatter #NRW2024 Victorian Aboriginal Community Controlled Health Organisation Inc First Peoples' Assembly of Victoria Yoorrook Justice Commission 13 Yarn Antoinette Braybrook AM
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Do you know Aboriginal Family Violence Prevention and Legal services are the LOWEST funded of Australia’s four legal assistance providers? And we have the HIGHEST proportion of women working for us and MORE Aboriginal women working for us than other legal assistance providers in Victoria. At Djirra, 97% of our staff are women and 97% of our clients are women. This means specialist organisations like Djirra do not receive the level of funding to meet the complex and long-term legal needs our women and children so deserve for their safety. Aboriginal women, no matter where we live, deserve have access to culturally safe legal and wrap around supports to escape violence safely with our kids. It’s critical that Djirra’s service and programs are invested in. With the Independent Review of the National Legal Assistance Partnership presented to Attorney General Dreyfus on 6 March, we urgently call on the Government to publish the report, provide for pay parity with Legal Aid and reallocate resources from mainstream legal services to Aboriginal-led services to ensure our people have positive outcomes in accessing justice. Only then can workers on the frontline of Aboriginal women’s safety – and especially Aboriginal women - achieve pay equality. We know what works. We have the solutions. #AboriginalWomensLivesMatter #WeHaveTheSolutions #CloseTheGap Antoinette Braybrook AM
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