Aboriginal Affairs

In reply to the Hon. T.A. FRANKS ().2 November 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I am advised:

The Custody Notification Service implements recommendation 224 of the Royal Commission into Aboriginal Deaths in Custody. The scheme was recommended to address the 'barriers of distrust between Aboriginal people and police and to improve the level of communications between the two groups at a day-to-day level.'

The South Australian Custody Notification Service commenced operation in 2021, with the scheme requiring SAPOL to notify the Aboriginal Legal Rights Movement when an Aboriginal or Torres Strait Islander person is arrested.

The amendment regulations address a critical issue with the process of the current CNS that permits Aboriginal people to be detained up to four hours (or eight hours as authorised by the magistrate) and be subjected to interview prior to any notification to the CNS. The CNS has responsibility for considering the welfare of the apprehended person, as well as the need for an interpreter or support person at interview, so it is critical that the notification is made at the earliest possible opportunity.

Concerns were raised by the Aboriginal Legal Rights Movement that notifications to the Custody Notification Service were occurring after the apprehended person had been interviewed by police. Whilst such notifications were made in accordance with part 5A of the Summary Offences Regulations 2016, it was apparent that further clarity was needed as to the timing of a notification. To address these issues, the Summary Offences (Custody Notification Service) Amendment Regulations 2023 were gazetted on Thursday 6 July 2023, and commenced on 6 November 2023.

The amendment regulations clarify the definition of a responsible officer and the circumstances in which the Aboriginal Legal Rights Movement must be notified. These amendments are directed to the purpose of having the notification made at an earlier point in time—that is, as soon as is reasonably practicable after the person is detained at a police facility. These changes serve to strengthen the protections afforded to Aboriginal peoples held in custody to ensure their welfare and reduce risks to their health and safety.

We will continue to work with the Aboriginal Legal Rights Movement to ensure the safety and wellbeing of Aboriginal people in South Australia and the ongoing effectiveness of the Custody Notification Service.