HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-11-17 Daily Xml
Contents
Xml

Magistrates Court (Nunga Court) Amendment Bill

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (15:44): I move:

That this bill be now read a second time.

Today, I rise to introduce the Magistrates Court (Nunga Court) Amendment Bill 2022. This bill implements our government's election commitment to provide the Nunga Courts with a formal and recognised place in the justice system. The Nunga Courts at the Port Adelaide and Murray Bridge Magistrates Courts are, respectively, the oldest and second oldest specialist courts for sentencing Aboriginal and Torres Strait Islander people in Australia.

The Port Adelaide Nunga Court began on 1 June 1999, and the Murray Bridge Nunga Court was established in January 2001. His Honour Magistrate Chris Vass SM was the inaugural magistrate in both these courts and was instrumental in their establishment. I commend him for his pioneering work. There are currently three Aboriginal courts that operate on the Nunga Court model: the Port Adelaide Nunga Court, the Murray Bridge Nunga Court and the Maitland Narungga Court, which commenced last year.

The Nunga Courts are an integral and effective part of the sentencing process, but they are not currently established by legislation. It is critical that Aboriginal elders and respected persons have a voice in the courts to facilitate a culturally appropriate sentencing process. In South Australia, Aboriginal people are grossly over-represented in the criminal justice system. This is not a new problem. The over-representation of Aboriginal people in custody was formally identified in 1991 by the Royal Commission into Aboriginal Deaths in Custody. Since that time, the proportion of the adult prison population who identify as Aboriginal has only increased. It is up from 14 per cent in 1991 to 24 per cent in 2022.

In 2020-21, in South Australia the rate of Aboriginal defendants was 13.4 times the rate of non-Aboriginal defendants, and of those defendants whose matters were finalised, 48 per cent of Aboriginal defendants with a guilty outcome received custodial orders, compared with just 34 per cent of non-Aboriginal defendants. This is unacceptable and we must do better.

Now more than ever, in the light of these shameful statistics, it is vital that we have dedicated supports and responses within the criminal justice system for Aboriginal and Torres Strait Islander people, just like the Nunga Courts. Among other things, the Nunga Courts provide an important opportunity for Aboriginal and Torres Strait Islander communities to participate in the sentencing process and to help build trust in the criminal justice system.

As a longstanding feature of our justice system for over 20 years, it is time that Nunga Courts receive the formal recognition they deserve. To that end, this bill would deliver on the government's election commitment to provide a legislative basis for the Nunga Courts by amending the Magistrates Court Act 1991 to establish the Nunga Courts as a division of the Magistrates Court, known as the Nunga Court Division.

The bill provides the Nunga Court Division with jurisdiction to determine and impose sentences for offences heard and decided within the criminal division of the Magistrates Court, where the defendant is an Aboriginal or Torres Strait Islander person, has pleaded guilty to the offence and has applied to be sentenced on the offence in the Nunga Court. In considering an application to be sentenced in the Nunga Court Division, the bill provides that the court should grant the application except where the court considers that it would be inappropriate to do so.

In sentencing a defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's Aboriginal or Torres Strait Islander community as an elder or respected person or a person qualified to provide cultural advice relevant to sentencing the defendant. This will ensure that Aboriginal or Torres Strait Islander elders or respected persons have a voice in the sentencing process.

There is also scope for the Nunga Court to be assisted by any other person the Nunga Court considers appropriate. The bill requires the Nunga Court to take steps to ensure that any proceedings are conducted expeditiously and with as little formality as possible and in a way that is likely to be understood by everyone, including the defendant, their family and any other member of Aboriginal or Torres Strait Islander communities. In addition, the bill sets out the purposes of the Nunga Court, which are to:

include members of Aboriginal and Torres Strait Islander communities in the sentencing process;

provide an opportunity for Aboriginal and Torres Strait Islander defendants, magistrates, Aboriginal and Torres Strait Islander advisers and other participants in the sentencing process to discuss the offending, sentencing and criminal justice system; and

increase the confidence of Aboriginal and Torres Strait Islander communities in the criminal justice system.

Importantly, this bill provides that, when the Nunga Court Division of the Magistrates Court is sitting, the court is to be known as the Nunga Court or another name that may be assigned to the court by the Chief Magistrate. This is to enable the Nunga Court to be known by a name that is culturally appropriate for the place in which it is sitting. Before assigning another name to the court, the Chief Magistrate must consult with Aboriginal and Torres Islander justice officers and any other persons or bodies recommended.

There is also scope for the Chief Magistrate to consult with any other bodies as appropriate. Significant consultation was undertaken throughout the development of this bill. These stakeholders include the Chief Magistrate, with the assistance of Magistrate Paul Bennett; the Chief Justice, the Hon. Chris Kourakis; Judge of the Youth Court, Judge Penny Eldridge; State Courts Administrator, Penny Croser, on behalf of the Courts Administration Authority; Dr Robyn Layton AO, QC, Co-Chair of Justice Reinvestment SA; the South Australian Aboriginal Community Controlled Organisation Network (SAACCON); the Aboriginal Legal Rights Movement; the Family Violence Legal Service; the Law Society of South Australia; the Legal Services Commission; and Tiraapendi Wodli.

A significant part of the consultation process was a roundtable discussion at the Port Adelaide Magistrates Court, where the Attorney-General met with a whole host of Aboriginal elders and respected persons, as well as the Aboriginal justice officers and other representatives from the Courts Administration Authority.

Having been the member for Cheltenham for a number of years now and also a longstanding born and bred member of the western suburbs community, I can speak with great confidence as well as personal gratitude toward the work that the Port Adelaide Nunga Court and all the individuals there have been undertaking now for a number of years.

The consultation that I referred to was facilitated by Aaron Zammit, Manager of Aboriginal Programs within the Courts Administration Authority, and I would like to echo the remarks of the Attorney-General in the other place and thank Aaron for all his work towards this consultation. I am told that the Magistrates Court session was an incredibly productive and fruitful opportunity to hear from those who have worked in the Nunga Court for many years, working with Aboriginal people in the sentencing process and contributing invaluable insight into how this bill would best protect the existing court.

Again echoing the thanks of the Attorney-General in the other place, I would like to thank and make a special mention to Aunty Yvonne Agius, who was at that session and has been involved with the Nunga Court since it first commenced, playing a significant role in the lives of so many Aboriginal people.

This bill will protect and strengthen our existing Nunga Courts by ensuring that they have a formal and recognised place in our justice system and that there are appropriate supports and responses within the justice system for Aboriginal and Torres Strait Islander people. I commend this bill to the chamber. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Magistrates Court Act 1991

3—Amendment of section 3—Interpretation

This clause amends section 3 of the principal Act to insert and amend definitions relevant to the measure.

It also provides that the Court will be known as the Nunga Court, or another name assigned by the Chief Magistrate, when sentencing an Aboriginal or Torres Strait Islander person in the Nunga Court Division of the Court. The Chief Magistrate must undertake consultation before assigning another name to the Court.

4—Amendment of section 7—Divisions of Court

This clause amends section 7 of the principal Act to include the Nunga Court Division as a Division of the Court.

5—Amendment of heading to Part 2 Division 2 Subdivision 3

This clause amends the heading to Part 2 Division 2 Subdivision 3 of the principal Act to add a reference to Aboriginal and Torres Strait Islander Elders and Respected Persons.

6—Insertion of section 7C

This clause inserts new section 7C into the principal Act to provide that Aboriginal or Torres Strait Islander Elders or Respected Persons or persons qualified to provide relevant cultural advice must (and any other person the Court considers appropriate may) assist the Nunga Court by providing advice on Aboriginal or Torres Strait Islander society and culture or any other matter the Court considers appropriate.

7—Insertion of section 9AA

This clause inserts new section 9AA into the principal Act to set out the purpose, jurisdiction and procedures of the Nunga Court.

Mr TEAGUE (Heysen) (15:53): I rise to commend the bill to the house and indicate the support of the Liberal Party.

The DEPUTY SPEAKER: Member for Heysen, are you also the lead speaker?

Mr TEAGUE: Yes, I am the lead speaker. I rise to commend the bill to the house and indicate the Liberal Party's support for this initiative to formalise what has been a practice of long standing in the Magistrates Court. The bill will create the Nunga Court, and courts that might possibly be of other names, as a division of the Magistrates Court and give what has been now for some long period of time more formal recognition to the successful operation of the Nunga Court as it will be subject to clause 4 of the bill.

The minister in bringing to this house the bill, as presented by the Attorney in the other place and the contribution of the Attorney at that time, has highlighted the history of the Nunga Court. I will make some brief reflection on that history. It was an initiative of individual magistrates in the early days. Leading among those was Magistrate Chris Vass who, as a member of the Judicial Aboriginal Cultural Awareness Program and Regional Manager of the Port Adelaide Magistrates Court and its associated circuits, including in the APY lands, took those early steps.

As is well known, it was the result of several years of collaborative work between Mr Vass and several other interested groups, including Aboriginal community groups, state government agencies, the ALRM, police prosecutors, members of the profession and Aboriginal people. That has been reflected on in terms of the government's record keeping in recent times as being foundational to what is now becoming the establishment of the Nunga Court as a division.

I take the opportunity to put on the record Mr Vass's observation in 2001, motivating as it did the establishment of the practice. Mr Vass said:

…there was enormous dissatisfaction with the court system as it was. There was a lack of trust, a lot of frustration about not being able to have their say in court…and they felt that lawyers were often not putting their story across the way they wanted.

I also note the observations of Mr Kym Boxall, who is the second magistrate appointed to preside over an Aboriginal court, and he had described Aboriginal people in the mainstream court process in this context as, and I quote:

…fairly helpless pawns in a system that they didn't understand.

Again, that goes back to 2001.

It was very early in my time practising as an independent barrister at the independent bar in Adelaide that, at Kym Boxall's invitation, I attended at the Nunga Court at Port Adelaide to see the Nunga Court in action. It had by then been in action for just a few years and was still in its early stages. It remains one of those early memories of mine; I felt privileged to be able to participate and to see the Nunga Court in action.

I know that over the now more than 20 years or thereabouts of the operation of the Nunga Court, we have seen its capacity to make the operation of the justice system, insofar as it affects Indigenous people who would otherwise be alienated in the course of being subjected to the justice system, that bit more connected, relating to and accountable in the operation of the justice system. As we have heard in terms of the statistics, the Nunga Court and courts in other parts of the state operating under different names have had significant benefits.

I also note the government's indication in relation to the range of consultation undertaken. In this regard, I refer more particularly to the letter to the Attorney from the President of the Law Society dated 16 August 2022 in which the President indicates the society's welcome of the Nunga Courts being entrenched in legislation in South Australia and provides its endorsement of this step, indicating that it will continue to appreciate the opportunity to provide feedback in relation to the legislation and, I am sure, going forward as this court is established as a division of the Magistrates Court.

It is certainly my desire and that of the Liberal Party to see the expeditious passage of the bill. I commend the bill and the future of the Nunga Court, the subject of it, to the house.

Mrs PEARCE (King) (16:02): I spoke earlier today in this place reflecting on steps we are taking to make our state fairer for all, and I am pleased to speak again on another step we are taking to achieve just that. This step is in relation to our commitment for our Nunga Courts, to strengthen them and ensure that their place in our justice system is formally recognised.

We were once frontrunners in this space. We led the nation by developing an Aboriginal sentencing court more than 20 years ago, back in 1999 in Port Adelaide. Two years later, in January 2001, the second Nunga Court, which is also the second oldest in the country, was established in Murray Bridge.

The Nunga Courts work to improve trust in the justice system among Aboriginal and Torres Strait Islander communities, including them in the sentencing process and, importantly, ensuring there is a sentencing process that is culturally relevant, delivering good outcomes for rehabilitation and, importantly, reducing rates of recidivism. It is available to all defendants who are Aboriginal or Torres Strait Islander who have pleaded guilty to an offence and who have made an application to be sentenced in the Nunga Court.

Sentencing takes place with the defendant being assisted by one or more people well regarded by them or accepted within the defendant's community. With everyone sitting on the same level, the magistrate included, the Nunga Courts operate less formally than other courts. The court then emphasises the defendant having to interact with elders about their offending and the harm their offending has caused. Anecdotally, it has been shared that offenders often find this more impactful than just receiving a fine or a short prison sentence.

Nunga Courts are a good idea that have proved themselves successful over more than two decades of operation here in South Australia. We want to enshrine them in law so that we can formally recognise them as having a place in our criminal justice system. By amending the Magistrates Court Act 1991, we will be establishing the Nunga Courts as a division of the Magistrates Court, to be known as the Nunga Courts Division.

This bill also sets conditions in which a person can access the Nunga Court such that it will require persons to be Aboriginal or Torres Strait Islander and that they must have pleaded guilty to the relevant offence. This bill also ensures that the Nunga Court can be assigned another name if it is considered culturally appropriate for the place where the Nunga Court is sitting. The power is granted to the Chief Magistrate after consultation with the Aboriginal and Torres Strait Islander justice officer and any other persons or bodies recommended.

I am so pleased that this bill delivers on another election commitment by the Malinauskas Labor government. Having undertaken consultation on this bill, including a forum at the Port Adelaide Magistrates Court in March, the Attorney-General met with Aboriginal justice officers, Aboriginal elders and respected persons, the Court Administration Authority and others who have been involved in the Nunga Courts.

As the Attorney-General mentioned in the other place, this consultation also involved input from a wide range of stakeholders. We know, though, that there is still much work to be done to improve Aboriginal justice in this country. Aboriginal people remain significantly over-represented in our criminal justice system, making up 24 per cent of the adult prison population despite only making up 2.4 per cent of the South Australian population. If we are to meet the target of Closing the Gap, we must focus on ending Aboriginal and Torres Strait Islander adult and children over-representation in our justice system.

We are committed to doing this, and that is why we have appointed an advisory commission consisting of leading experts who will explore the issues and develop recommendations on options available to reduce over-representation of Aboriginal people in the justice system. The advisory panel consists of local, interstate and international representatives. They have been tasked to provide advice to the government early next year, and I am very much looking forward to learning more from them.

Another commitment we fully intend to fulfil is delivering on the Uluru Statement from the Heart, delivering on Voice, Treaty and Truth. I am absolutely confident that with the recent appointment of Kaurna, Ngadjuri and Ngarrindjeri man Dale Agius as South Australia's inaugural Commissioner for First Nations Voice we are on our way to deliver on Voice, Treaty and Truth in South Australia.

Having concluded the first phase of the consultation, Commissioner Agius has undertaken dozens of visits across South Australia to hear directly from Aboriginal people about their views on what Voice should look like and how it should operate. I cannot stress how important this is. I strongly believe that we still have so much to learn from the oldest living culture in the world, one that is so heavily ingrained and reflected in our land. To do that, we must listen to the voice of First Nations people if we are truly serious about working together to build a fairer and more equitable state for all. We cannot lose sight of that.

Just recently, I attended an event hosted by a local business that is 100 per cent Aboriginal owned and focused on creating jobs, career pathways and business opportunities for Aboriginal people. I was able to catch up with a dear friend there, one who has always taken the time to discuss with me different ways we can work towards making our state fairer for all. That is exactly what I love about my community—the genuine care and consideration to work towards being better, not just for themselves but for the community and the next generation.

I am proud of the steps that we are taking and of the bills that we are introducing, such as this one, as it reflects that we are listening and that we are taking active steps to make our state fairer and more equitable for all. With that, I commend the bill to the house.

Ms STINSON (Badcoe) (16:08): Some in this house would be aware of my previous life prior to entering this place as a broadcast reporter for the ABC but also for 10, 7 and overseas as well. What you might not know is that my journalism career, at least in broadcasting, began in Western Australia, and I was lucky enough to be posted in Karratha, which is in the very far north of WA. It is a fascinating place. It is a place where a lot of different objectives collide. It is a big area for mining, but it is also a place that has some of the oldest signs of the oldest culture on earth—that is, our Aboriginal culture.

I started out my career living in an Aboriginal community and reporting on Aboriginal affairs. After that, I moved to Alice Springs in the Northern Territory, and certainly reporting on Indigenous affairs was a very key part, if not the majority, of the reporting that I was doing in that location as well. It was a great privilege to have that time, and it gave me insights into a part of Australia that in my view is not only fascinating but also completely horrifying. I was lucky to work in those Aboriginal communities in WA and the Northern Territory and then also be exposed to working in the APY lands as part of my work chiefly with the ABC here in Adelaide.

After that, I went on to largely focus on court reporting, and that also led to my serving on the board of the Victim Support Service. So in so many elements of my past careers I have thought about, considered, reported on and investigated Aboriginal justice systems. I have been very lucky to observe justice systems, Aboriginal approaches and alternative approaches to delivering justice in Western Australia, the Northern Territory and here in South Australia. It is something that I have a great interest in, and now in this place, in this role, I feel a great responsibility to use this opportunity to do what I can on those things that I think are most pressing in our community.

It is my personal belief that the treatment of Aboriginal people in this country is the greatest stain on us as Australians and that it is the most pressing social issue in this nation, in terms of how we support Aboriginal people and communities and how we advance through reconciliation. I have felt absolutely ashamed when I have been in some communities that there are people living in our nation in the conditions that they do. Over the years, some of the things I have seen have moved me greatly.

I was not expecting to get emotional, but I am remembering all the things I have seen in some of those communities and it is actually very devastating. Of course, one of the devastating elements is the massive, massive over-representation of Aboriginal people in our justice system—in our courts, in our remand centres, in our jails, in our youth detention centres and in our child protection system. Those figures are just beyond any sort of fair representation of the number of First Nations people that we have in our population.

That alone is something that I feel is completely outrageous and something that I hope my generation does something about—that we see some real change in the period of my life and that we are not just leaving it to the next generation, another generation, to look at what I think is a national travesty. With all that in mind, I have had the great privilege of looking at and considering Aboriginal traditional approaches to justice over the years. Of course, one of those is the Nunga Court which operates here in South Australia and which is not dissimilar to some of the systems that operate in the Northern Territory and Western Australia as well.

The Nunga Court delivers really important justice outcomes, and that includes improving trust in the justice system among Aboriginal and Torres Strait Islander communities. That trust cannot be underestimated—that is everything because if you do not have trust in the people who are administering the system, then why would you invest in it? Why would you believe that it is ever going to deliver any sort of result for you as a victim, as a perpetrator or as the loved one of someone who finds themselves caught up in the justice system?

This Nunga Court is also about including Aboriginal and Torres Strait Islander communities in the sentencing process. Obviously, well before there was European settlement here there was a justice system and justice systems that existed in this land. Of course, with European settlement came the obliteration of those justice systems and their being replaced with an entirely foreign system, which is of course derived from the British system that is exercised today.

Obviously, it is pretty difficult to unscramble the egg, but what something like the Nunga Court does is pay due regard to those systems that existed previously and practices that still continue in parts of Australia today, and also the principles that underlie them in terms of the role of elders and in terms of instilling responsibility and even collective responsibility for some of the bad things that sometimes happen and that sometimes people do.

It also ensures that the sentencing process is culturally relevant and that it delivers good outcomes for rehabilitation and reducing recidivism. When you look at statistics on the number of Aboriginal people who are in our justice system and keep coming back through the justice system, it is absolutely crystal clear that we really should be having measures that target recidivism and that really get at the causes of crime, rather than simply having people cycle through the system and for the system to essentially become a way of life. That is true for people of any cultural background, but considering the large number, the disproportionate number, of Aboriginal people in our justice system, it is especially true in their situation.

The Nunga Court is an Aboriginal sentencing process and it operates through the Magistrates Court. It is available to defendants who are Aboriginal or Torres Strait Islander and who have pleaded guilty to an offence and have applied to be sentenced in the Nunga Court. That element of pleading guilty is also a key feature of this system. It delivers not only results for the individuals who are involved but also results for our justice system as a whole in ensuring a more efficient and effective justice system.

When someone is guilty, it is really important that we encourage them and give them opportunities to be able to enter a guilty plea at the earliest possible opportunity so that we can deliver justice for everyone in a timely way and in an efficient way wherever possible. Often there are reasons why people cannot plead at an early opportunity, but in those instances where defendants are willing to plead guilty and are properly advised, this system is a very good approach. There is also the issue of application, so they need to actually apply to be sentenced through the Nunga Court and obviously be well informed about what that involves and the different approach that is taken.

In sentencing the defendant, the Nunga Court must be assisted by one or more people who are regarded by the defendant and accepted within the defendant's community (which is important), as an elder or respected person or a person qualified to provide cultural advice on sentencing. That role of elders is critical in this process. I think it really is an incredibly helpful thing, but it can also be a really beautiful thing to see elders of a community getting involved in this process, getting involved in the life of someone who is probably at their lowest ebb, and taking some responsibility and engagement in that process.

That has untold benefits not just for the defendant but also for the entire community, to feel not like someone from their community is having something imposed on them without their understanding or their knowledge or their participation, but that a representative of their community, an elder and respected person, is involved in that and has a role in explaining to the community what is going on and being a part of the justice that is administered.

The Nunga Court, in my observation, operates a lot less formally than other courts. One of the features is that everyone is seated at the same level, which is a symbolic thing and also an important thing in the way that we interact. Maybe we could actually learn a few things from that example in other aspects of our justice system as well. Elders and respected people, as well as family and community members, are involved in the process to support the defendant in achieving rehabilitation outcomes.

Sentencing in the Nunga Court often emphasises offenders having to interact with elders about their offending and about the harm they have caused. That is an approach that is at the heart of restorative justice practices. I am a big fan of the process of restorative justice. Certainly, in my experience as the Chair of the Victim Support Service and as a long-serving board member there, I had a great deal of interaction with victims of crime. Also, in my work as a court reporter I often came into contact and had lengthy conversations—and even ongoing relationships to this day—with people who have been the victims of quite horrendous crimes in our community.

I think that there is a perception in our general community that a victim of a crime always wants vengeance, that they want to see someone else suffer and that they want to see someone else penalised or deprived of liberties or rights. That is certainly the case in a number of instances that I have covered and with a number of people I have dealt with, but it is more complex than that. I think you can want to see justice delivered and penalties applied, but you can also want to see that the defendant does not commit those crimes again.

The strongest message that I used to get from victims was that they did not want to see the same crime perpetrated on someone else, that they did not want to see someone else have to go through the same experience that they and their family had gone through. Making sure that an offender is rehabilitated is actually a key concern of many victims and certainly the vast majority of victims I have had interactions with for well over a decade of experience reporting on the justice system and being a part of Aboriginal communities especially. I think the restorative justice approach is incredibly important in this model. Personally, I think that is an approach that we could be looking at much more extensively as we look at reforms to our justice system more broadly.

Although a lot of what we may look at in the Nunga Court is geared towards the defendant and the defendant's experience, I think that it also reflects what victims of crime want to see as well. As I said, they want to make sure that what happened to them does not happen to others and that a person who offends against them—who maybe has reasons or circumstances why they have found themselves in a situation of offending—as far as is humanly possible does not find themselves in a situation again under those stressors where they are committing crime again, particularly when we are talking about violent crime against other people.

Although we may think of the Nunga Court as a process that gets around the defendant—and it certainly is—it is also in the interests of victims who want to make sure that that defendant does not come into contact with the justice system again. As a state, we should not want that defendant to be coming back again either. The whole purpose of the justice system in its most enlightened is that a person is held to account for their crimes, that they are treated in a way that they understand those crimes, that they repent, essentially, for those crimes and do not commit them again—essentially, they learn a lesson and do not do it again.

I think that is really at the heart of what a number of these measures that are laid out in the Nunga Court are about. It is about learning from one's mistakes and moving on. By doing that, we create a better and safer society and a place that the defendant wants to be a part of and engage in rather than one they want to disconnect from and feel that there is no hope.

Anecdotally, offenders do find this process quite difficult. It is certainly more difficult than paying a fine or racking up a debt. Depending on how things go, it can even be more difficult than serving a prison sentence or a custodial penalty. With the results that we have seen from not just the Nunga Court but other Aboriginal justice and sentencing measures and restorative justice measures, the proof is in the pudding.

We can see that there are good results—not perfect results by any means—from investing in this pathway, investing in people, both defendants and victims, to try to make sure that the same situations that created these crimes are not repeated and that people have mechanisms and tools at their disposal to ensure that they do not ever again find themselves perpetrating crimes against other people, sometimes, in fact often, their loved ones.

This bill does not actually change the Nunga Court program. What it does is it enshrines in law the ongoing formal and recognised place of the Nunga Court in our criminal justice system. It was quite surprising to me that it does not have that status, so I am glad to see that we are now moving on this to make sure that this is a permanent part of our Magistrates Court system, that it is properly resourced, as it should be, and that it retains its place despite the comings and goings of the court system sometimes. This bill sets out the circumstances in which a person can access the Nunga Court, such as requiring that a person must be Aboriginal or Torres Strait Islander and that they have pleaded guilty, as I said, to the relevant offence.

The bill sets out the purposes of the Nunga Court which, of course, includes members of the Aboriginal and Torres Strait Islander community in the sentencing process to provide an opportunity for Aboriginal defendants, as well as magistrates, Aboriginal and Torres Strait Islander advisers, supporters and other participants in the process to discuss the offending and the sentencing as they go through the criminal justice. As I said, this is also a measure that is about instilling the confidence of the Aboriginal community in the established justice system and ensuring that they feel part of it and involved in the process rather than feeling it is just a process being done to them.

An interesting element of this is that the bill also sets out that another name can be assigned to the Nunga Court if it is considered culturally appropriate or, indeed, if the phrase 'Nunga Court' is inappropriate or is not assisting in its aims. For example, it might be changed to reflect the place where the court is sitting at the time. That power is granted to the Chief Magistrate, and the Chief Magistrate must go through consultation with Aboriginal and Torres Strait Islander justice officers, and others, if deciding to change the name.

That may seem like a really small thing, but we all know that words are powerful and especially so in these contexts. It can provide a level of cultural comfort and cultural safety that are incredibly important when we are talking about marginalised groups in our society participating in the justice system, having faith in it, and therefore feeling like they want to adhere to the penalties that might be applied and, also, that they sufficiently understand what is going on so that they are not returning back to that same system. Although not a lot will change with the Nunga Court program, giving the flexibility to change the court's name, although a small thing, is a very positive aspect of the legislation that is being put forward.

In closing, I would like to say that this is obviously just one part of our government's commitment to Voice, Treaty and Truth. As I said, I do not think there is anything more important as far as our social policy in this nation goes than addressing the shocking, distressing and appalling treatment that has been meted out to Aboriginal people in past centuries. We are in a position now, each of us, and also collectively as governments, to do something about it and to right the wrongs of the past.

This work with the Nunga Court may seem small, but it forms part of a patchwork of legislative and social reform both at a state level and at a federal level that, when put together, makes up Voice, Treaty, Truth and the reconciliation pathway. I have been incredibly moved over the years by some of the things I have seen, but I am incredibly buoyed by the opportunity that we have right now to make a real difference, and I could not be happier and feel more privileged to be part of this process, and that includes this piece of legislation today.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services) (16:28): Naa marni, ngai nari Nat Kartanya Cook, marni ngadlu tampinthi, ngadlu Kaurna yartangka tikanthi. I pay my respects to all Aboriginal elders past, present and emerging on Aboriginal land.

It is an absolute privilege to speak on this bill. I do look forward to a time in this place when we have an Aboriginal member able to speak on such a piece of legislation in this house—not just in the other place—and to speak on legislation that impacts and reflects truly its effects on Aboriginal people. This bill absolutely delivers on yet another of the Labor government's election commitments. Our Tarrkarri-ana Aboriginal affairs policy promises a range of measures, including legislation to protect and strengthen our Nunga Courts so that they have a formal and recognised place in our justice system. South Australia led the way in developing an Aboriginal sentencing court in 1999. This bill ensures it is enshrined in law.

The Nunga Court delivers important justice outcomes, including improving trust in the justice system amongst disproportionately affected Aboriginal and Torres Strait Islander communities; including Aboriginal and Torres Strait Islander communities in the sentencing process; ensuring the sentencing process is culturally relevant and delivers good outcomes for rehabilitation and reduction in recidivism; and supporting good rehabilitation outcomes to lower the overall rates of crime.

The bill is a result of listening to Aboriginal voice. I have been so fortunate to have been part of consultation over the years in relation to having Aboriginal people and groups in my electorate and across the state connected to the portfolios I am connected to who have shared their knowledge and views with me over many years, both in parliament and before. The conversations and experiences have reinforced for me the importance of reconciliation across the board, not just in our courts or justice system.

I was very proud this year to attend a range of Reconciliation Week events, NAIDOC Week events and launches of various reconciliation action plans—very important statements placed on the record. They are not merely aspirations but firm goals for us to achieve. The NAIDOC Awards lunch was an amazing experience. We celebrated the achievements of many Aboriginal people from across every corner of the state. I had a wonderful lunch and spent some time with some of the very important Aboriginal grannies. They are a wonderful group of people.

Reconciliation requires learning. My office joined senior officials from the Department of Human Services earlier this year at Tandanya for an afternoon of Kaurna language and cultural training. Thanks, Jack Buckskin, for providing this training and this important experience. I know my office is planning another session to include more of my colleagues and to have another deep dive into culture and learning. I would encourage all members of parliament to reach out and experience this time engaging in Aboriginal culture and truly immersing.

Jack was very entertaining, and I am sure that is no surprise to people in this place who have worked alongside and with Jack. He did not impart just words; he really imparted the meaning and the context to us. He explained the importance of family structures and how this impacts your introduction to and acknowledgement of others. The Kaurna language is beautiful. It is complex but simple in so many ways.

The importance of respecting land, boundaries, authority and ways to show respect were all part of this session. By the end of the day, everyone in the room was able to introduce themselves and do a tailored Acknowledgment of Country in Kaurna language. I am not going to pretend we could all do it very well at the end of the day, but practice is making it closer to perfect. I do not think it will ever be perfect, but it will be closer.

In relation to the Nunga Court, the Aboriginal sentencing process in the Magistrates Court is very important. It is available to defendants who are Aboriginal or Torres Strait Islander who have pleaded guilty to an offence and who have applied to be sentenced in the Nunga Court. In sentencing the defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's community as an elder or a respected person, a person qualified to provide cultural advice on sentencing.

The Nunga Court operates less formally than other courts, such as by having all people, including the magistrate, seated on the same level as the defendant. Elders and respected persons, as well as family and community members, are involved in the process to support the defendant in achieving rehabilitation outcomes. Sentencing in the Nunga Court often emphasises offenders having to interact with elders about their offending and the harm they have caused. Anecdotally, offenders often find this more difficult and therefore more impactful than copping a fine or a short prison sentence.

There are currently three Nunga Courts that operate: Port Adelaide, Murray Bridge and Maitland Nunga Court. This commenced last year. The Port Adelaide Nunga Court is the oldest Aboriginal sentencing court in the country, as I stated before, trailblazing in 1999 on 1 June. The Murray Bridge Nunga Court is the second, established in January 2001. Some other states now operate their own Aboriginal sentencing courts also. There is the Koori Court in Victoria.

This bill will support the existing and effective Nunga Court program, enshrining it in law, ensuring it has that ongoing formal recognition in our criminal justice system. It will be establishing the Nunga Court as a division of the Magistrates Court. The bill sets out the circumstances in which the person can access the Nunga Court such as requiring the person to be Aboriginal or Torres Strait Islander, having pleaded guilty to the relevant offence.

The purposes of the Nunga Court are spelt out and these are to include members of the Aboriginal and Torres Strait Islander communities in the sentencing process, to provide an opportunity for Aboriginal and Torres Strait Islander defendants, magistrates, Aboriginal and Torres Strait Islander advisers and other participants in the sentencing process to discuss the offending, the sentencing and the criminal justice system. It will increase the confidence of Aboriginal and Torres Strait Islander communities in the criminal justice system.

This bill also sets out that another name can be assigned to the Nunga Court if it is considered culturally appropriate for the place where the Nunga Court is sitting. The power is granted to the Chief Magistrate after consultation with Aboriginal and Torres Strait Islander justice officers and any other persons or bodies recommended.

I noted at the beginning that the bill delivers on an election commitment of the Malinauskas Labor government. I understand that the Attorney-General, the Hon. Kyam Maher in the other place, undertook significant consultation himself on the bill. It included holding a forum at the Port Adelaide Magistrates Court in March with Aboriginal justice officers, Aboriginal elders and respected persons, the Courts Administration Authority and others who have been involved in the Nunga Court.

It is important to recognise those who have been involved and consulted, including Chief Magistrate Mary-Louise Hribal; Chief Justice Chris Kourakis; Judge Penny Eldridge, a judge of the Youth Court; State Courts Administrator, Penny Croser; Dr Robyn Layton AO, KC, Chair of Justice Reinvestment SA; the South Australian Aboriginal Community Controlled Organisation Network (SAACCON); the Aboriginal Legal Rights Movement (ALRM); Family Violence Legal Service; the Law Society of SA; Legal Services Commission; and Tiraapendi Wodli, who I recently visited, and what an incredible place.

What next? We know that Aboriginal people remain significantly over-represented in the criminal justice system, with the Aboriginal adult proportion of the total prisoner population in 2022 up to some 24 per cent, despite making up only 2.4 per cent of the South Australian population. Ending the over-representation of Aboriginal and Torres Strait Islander adults and children in the justice system are key Closing the Gap targets nationally. The government is committed to reducing the rates of Aboriginal incarceration and so has appointed an advisory committee of leading experts to explore the issues and develop recommendations on options to reduce the over-representation of Aboriginal people in the justice system.

The eight-person advisory commission, which includes local, interstate and international representatives, has been tasked with providing advice to government for consideration early next year. This will consist of Chris Larkin, Heather Agius, Jonathan Rudin, Distinguished Professor Larissa Behrendt AO, Leanne Liddle, Major Moogy Sumner AM, Adjunct Associate Professor Scott Wilson, and Professor Tracey McIntosh.

I am also very pleased to advise the house that our Aboriginal affairs agenda goes well beyond the Nunga Courts. Both the Labor Premier, Peter Malinauskas, and our Labor Prime Minister, Anthony Albanese, opened their acceptance speeches after winning their 2022 elections with references to Aboriginal and Torres Strait Islander issues. So many people have commented that they had never seen this before after any election, let alone two in two months.

It would take years, if not generations, to right the wrongs of the past, but it starts with recognition and acknowledgement. It was back in July 2019 when our now Premier made one of the very first policy commitments for the 2022 election. He committed us to delivering on the Uluru Statement from the Heart at a state level—Voice, Treaty, Truth. This was after the former Liberal Premier had described Treaty as 'a cruel hoax'.

I genuinely hope that those opposite will join us in delivering on our commitment to all of the Uluru Statement. We are well underway in this work. We have appointed Kaurna, Ngadjuri and Ngarrindjeri man Dale Agius as this state's inaugural Commissioner for First Nations Voice. Commissioner Agius has just concluded the first phase of consultation, having undertaken dozens of visits across the state and hearing directly from Aboriginal people about their views on what the Voice should look like and how it should operate.

I also note that Dale was poached from my department, where he was undertaking invaluable work. I am sure that you, Mr Deputy Speaker, would have worked alongside Mr Dale Agius over the years and know the value of his work and that you would join me in condemning the Attorney-General for pinching him from my department.

He did help us bring together the community in Port Augusta when we were working out how to deliver on another election commitment to improve community safety in the town. I am really pleased to advise that this planning and consultation work has resulted in a new service we announced at a recent country cabinet meeting in the Upper Spencer Gulf. I look forward to visiting in the near future and seeing the excellent work that is going on in Port Augusta to make it a much safer place for everybody.

Dale is sorely missed, but in all seriousness I do wish him well in this critical new role. I cannot think of anyone more qualified, more thoughtful or kinder to undertake that role. He will link all these pieces together, including that of the work of the Nunga Courts, I am sure, in our conversation as we work to close the gap, as we work to ensure true equity—Truth, Treaty, Voice—in our community. I commend the bill to the house.

S.E. ANDREWS (Gibson) (16:42): I rise to speak on the Magistrates Court (Nunga Court) Amendment Bill. I am proud to speak on this bill and to be a member of a Labor government that cares about our First Peoples. I will start by acknowledging the traditional owners of the land on which we meet today, the Kaurna people, their elders past and present, and recognise that this always was and always will be Aboriginal land.

South Australia led the way in developing an Aboriginal sentencing court in 1999, and this bill ensures it is enshrined in law. The bill delivers on the government's election commitment in our Tarrkarri-ana Aboriginal affairs policy, to legislate, to protect and to strengthen our Nunga Courts so they have a formally recognised place in our justice system.

The Nunga Court delivers important justice outcomes, including improving trust in the justice system among Aboriginal and Torres Strait Islander communities, including Aboriginal and Torres Strait Islander communities in the sentencing process and ensuring that the sentencing process is culturally relevant and delivers good outcomes for rehabilitation and reducing recidivism.

The Nunga Court is an Aboriginal sentencing process in the Magistrates Court. It is not an easy option, as the court is only available to defendants who are Aboriginal or Torres Strait Islander who have pleaded guilty to an offence and who have applied to be sentenced in the Nunga Court. In sentencing the defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's community as an elder or respected person or a person qualified to provide cultural advice on sentencing.

Elders and respected persons as well as family and community members are involved in the process to support the defendant in achieving rehabilitation outcomes. This provides the defendant with added accountability when they are going through their rehabilitation. In fact, sentencing in the Nunga Court often emphasises offenders having to interact with elders about their offending and the harm their offending causes. Anecdotally, offenders often find this more difficult and therefore more impactful than copping a fine or a short prison sentence. It helps to break the cycle of offending.

This bill delivers on another election commitment of the Malinauskas Labor government, and I am proud that we are delivering on our commitments and improving our state. I know that our Attorney-General undertook significant consultation on this bill, including holding a forum at the Port Adelaide Magistrates Court in March with Aboriginal justice officers, Aboriginal elders and respected persons, the Courts Administration Authority and others who have been involved in the Nunga Court. In addition, the Attorney has consulted with many other stakeholders.

This is what we do: we listen to our community. Whether it is through our community safety forums, senior forums, at a parkrun, while doorknocking, or talking to my neighbours at the local shops, I keep in regular touch with my community. As I said in a recent contribution to this place, Aboriginal people remain significantly over-represented in the criminal justice system, with the Aboriginal adult proportion of the total prisoner population up to 24 per cent in 2022, despite Aboriginal Australians making up only 2.4 per cent of the South Australian population. The Attorney-General informed the other place, and I quote:

In 2021 in South Australia, the rate of Aboriginal defendants was 13.4 times the rate of non-Aboriginal defendants, and of those defendants whose matters were finalised, 48 per cent of Aboriginal defendants with a guilty outcome received custodial orders, compared with 34 per cent of non-Aboriginal defendants. This is unacceptable, and we must do better.

It is a national shame that we are jailing Aboriginal offenders at such a high rate, especially for young people. Ending the over-representation of Aboriginal and Torres Strait Islander adults and children in the justice system is a key Closing the Gap target nationally, and this government is committed to reducing the rates of Aboriginal incarceration.

I must mention one of the cornerstone commitments of this Labor government, our commitment to delivering on the Uluru Statement from the Heart at a state level—Voice, Treaty, Truth. Our inaugural Commissioner for First Nations Voice, Dale Agius, has already conducted dozens of visits across the state, hearing directly from Aboriginal people. I also urge all members to be on the right side of history when we vote nationally at the referendum. It is not enough to just assume a vote will succeed. Everyone needs to get to the ballot box and vote. This is about fairness, dignity and respect.

I am lucky to have some wonderful community groups in my electorate, and recently I was excited to be at the wonderful opening of a mural by Ngarrindjeri and Wirangu artist Jackie Saunders at Tutti Arts, Brighton. Tutti Arts supports the creative development of learning disabled and neurodiverse artists. Jackie, in collaboration with Pitjantjatjara and Yankunytjatjara artist Elizabeth Close, created Laying Under the Stars, a mural inspired by Jackie's memories of warm nights lying in the backyard with her family looking up at the stars. All residents who catch the Seaford train to or beyond Brighton can look out for this beautiful mural when they are on the train pulling into Brighton Station. Congratulations to Jackie and Elizabeth on a wonderful job, and thank you to the team at Tutti Arts. I am proud to have them in my electorate.

I am also pleased that the Living Kaurna Cultural Centre located at Warriparinga is just over the boundary of my electorate. The centre was built in 2001 as a result of work between the Kaurna community and the City of Marion and offers Aboriginal and environmental education programs, events and performances. I encourage everyone to visit.

In addition, the City of Marion also has the Marion Cultural Centre, which I can see straight out of my electorate office window, and they will soon celebrate 21 years of service to our local community. There are many other Aboriginal events and workshops locally throughout the year, including basket weaving soon at the Glandore Community Centre in the member for Badcoe's electorate.

I will return directly to the bill. While none of the Nunga Courts are located in my community, I am sure that Aboriginal people from southern Adelaide will use the court if required. I believe that this is a good initiative, and after 20 years of delivering results for our Aboriginal and Torres Strait Islander community members it should be enshrined in law. I commend the bill to the house.

The Hon. A. PICCOLO (Light) (16:50): I rise in support of the Magistrates Court (Nunga Court) Amendment Bill and in doing so acknowledge that this bill delivers on the government's election commitment to our Aboriginal affairs policy to legislate to protect and strengthen our Nunga Courts so that they have a formal and recognised place in our justice system.

Any form of justice system, or criminal justice system, must ensure that it actually achieves a key objective, and that objective is to reduce crime in the future. In doing so, we need to ensure that those people who offend for the first or the second time do not reoffend.

I am reminded of a conference I went to once in WA some years ago, and the guest speaker of that conference was the actual police commissioner of the day. He posed the question: what is the biggest factor to reducing crime in any state? Everybody expected the police commissioner to say, 'More police.' He said, 'No. More police actually increases the clear-up of crimes.' In other words, if you have more police, you are more likely to apprehend an offender when crimes are committed, etc.

He said that the only thing to reduce crime is to instil in your population the cultural values that crime is the wrong thing. It sounds simple but the reality is that I think he is right. When people do the right thing, when essentially they have the capability to do the right thing there is a context of doing the right thing. By that I mean that we have a culture where we support certain behaviours and do not support other behaviours.

In western society, we have developed the criminal justice system as a way of dealing with those people who do not behave in a way that we believe is appropriate in our society, and that has been an accepted practice for centuries now. In other cultures, though, they deal with this behaviour in a different way. It is important that we understand that anything that we do in the criminal justice system must always have an objective to actually reduce crime in society and with respect to those people who have offended to help them not to reoffend.

In our criminal justice system we need to make sure that we make clear what behaviours are appropriate in society and what behaviours are not appropriate. That is quite clear and that is why we have laws to make that clear. It is sad that we have so many laws these days. You would think that some behaviours that are inappropriate would be obviously inappropriate, but we actually need laws to remind some people that certain behaviours are inappropriate and carry sanctions.

Putting that issue aside for a moment, if we are to achieve less crime, if we are to help people not to offend again and reduce the rate of reoffending, we need to make sure that our criminal justice system works fairly and is just. By that I mean that we need to understand what led to that behaviour and what will change that behaviour. While there is generally a view that criminal justice systems need to be punitive, I am not sure that actually makes our community any safer. Punitive may exact some revenge, etc., but I am not sure that, in the long term, it leads to a safer community or better behaviours.

If you want a classic example of that, it would be the United States of America. Their jails are full to the brim, and they have probably the highest crime rate in the world and the highest incarceration rate in the world, which indicate a system that does not work. But the Americans persist. I am hopeful that we never follow that sort of course of action and that we have a better understanding of how to change people's behaviour for the better. This, I think, is the context of where the Nunga Courts come in.

Nunga Courts are not so much about treating differently but trying to treat appropriately people with a First Nations background, to ensure that those who have entered the criminal justice system have pleaded guilty to an offence and are then brought before the Nunga Court for appropriate advice on what is the best sentencing. That best sentencing must—not solely, but in the main—be designed to actually prevent the reoffending. I think it is appropriate that we understand the cultural context of that offending and also the cultural context that leads to changed behaviours. Not to do so would just be purely punitive and seek to punish people without the benefit of rehabilitation and minimising crime.

I think what we are doing here today is a good thing. South Australia has led the way in the past in terms of the Aboriginal Sentencing Court in 1999, and this bill enshrines it in law. The Nunga Court will deliver important justice outcomes, including improving trust in the justice systems amongst Aboriginal and Torres Strait Islander communities by including Aboriginal and Torres Strait Islander communities in the sentencing process and ensuring that sentencing processes deliver good outcomes for rehabilitation and reducing reoffending.

Some in the community may see this as a way of treating people differently. Certainly, we may be treating people differently, but we treat people differently in a whole range of ways and a whole range of contexts because to treat them the same would create an injustice or would not get a good outcome for both the people involved in it and the community at large. I think this proposal actually improves it, both for the individuals involved in the criminal justice system and, importantly, for the community at large.

As I said, we need to make sure that our objectives are always to minimise crime and improve safety in our community, and we do that when people accept their responsibility in our society. What we are doing here is helping the Aboriginal community make it very clear what behaviours are appropriate and inappropriate and, more importantly, lead to changes in these behaviours.

The Nunga Court is an Aboriginal sentencing process in the Magistrates Court. The process is available to defendants who are of Aboriginal or Torres Strait Islander background, have pleaded guilty to an offence and have applied to be sentenced in the Nunga Court. In sentencing the defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's community as an elder or respected person or a person qualified to provide cultural advice on sentencing.

I think this is a good thing. It may be something which, if not already done, we may need to look at in other cultural groups in our society, to make sure that people understand the cultural context of certain behaviours. If we are going to change behaviours for the better, we need to understand that cultural context and also help people to have the appropriate feedback from our court systems in that cultural context.

It is very important that the community understands what this does not mean. What this does not mean is that we are weakening our laws or are giving people softer sentences, etc. What we are doing here is giving people the appropriate sentence to achieve the desired outcome. The bill has been developed, as I understand it, in consultation with a whole range of stakeholders to make sure that it is appropriate and likely to work.

As mentioned by the speakers, we need to find out why and how we redress the over-representation of Aboriginal people in our criminal justice system. I think the figure is that they represent 2.4 per cent of our population, yet represent 24 per cent of the people in our criminal justice system.

When I was the minister for social inclusion and had responsibility for looking after the youth detention centres, one of the things I will never forget is seeing the face of a 10-year-old child behind bars in our youth detention centre, and I recall thinking, 'This is not the way for a civilised society to deal with children.' A 10 year old is a child, yet they were behind bars in a detention centre because, essentially, society did not know how to deal with this young person.

This probably is a story told many times for young offenders of Aboriginal or Torres Strait background. We need to redress that. As a number of speakers have said, if we do not redress that, we are carrying forward the injustices of the past to today and into the future. With those few comments, I certainly support this bill and ask other members to support it as well.

Ms SAVVAS (Newland) (17:01): Much like the member for Hurtle Vale did earlier, I have been practising my Kaurna welcome when giving speeches at local events and out and about in the community. Today, in the house I would also like to acknowledge traditional country in language, knowing how important actions are in the quest to move forward with reconciliation.

Naa marni, marni naa pudni Tandanya, Kaurna me yernnah ngadlu, Kaurna yarta tampinthi. I would like to give my deepest respect, ngai tal ya, while I commend the bill, to all the Aboriginal people who have assisted in the development of our Aboriginal policy agenda.

Many of my colleagues and I, including the member for Adelaide sitting by my side, are already walking side by side with our dearest Uncle Tamaru, our Nyuck Un Talya, and we do look forward to walking side by side with Aboriginal people of all nations moving forward. I was able to teach the Tea Tree Gully University of the Third Age an acknowledgement of country in language the other day, proving that it is never too late to start your personal journey with reconciliation.

I am incredibly proud to be here today at Tandanya, the land of the red kangaroo, to speak to our election commitment legislating and protecting our Nunga Courts so they finally have a formal and recognised place in our justice system. We have a strong history with respect to the Aboriginal courts, having developed an Aboriginal sentencing court in 1999. This bill finally enshrines that bill into law, ensuring it has an ongoing formal and recognised place in our criminal justice system.

The bill establishes the Nunga Court as a division of the Magistrates Court and also sets out those specific circumstances in which a person can access the Nunga Court, noting that it will not be accessible to non-Aboriginal people, non-Torres Strait Islander people or people pleading not guilty to the relevant offence. The intent of the bill is to include members of the Aboriginal and Torres Strait Islander communities in the sentencing process and very much to increase the confidence of Aboriginal and Torres Strait Islander communities in the justice system.

We know, of course, that there is a significant over-representation of Aboriginal people in the criminal justice system, with the Aboriginal adult proportion of the total prisoner population up to some 24 per cent in 2022, despite making up only 2.4 per cent of the South Australian population. This is obviously a key target nationally for state and federal governments alike and something that we need to address and a significant component in strategies to Closing the Gap around the country.

I would say, if I may be so bold, that we are very much committed on both sides of the house to reducing the rate of Aboriginal incarceration. I know that there are a number of members who feel that is something incredibly close to their own hearts. The entrenchment of the Nunga Court into law delivers important justice outcomes and does assist with that target, improving trust in the justice system among Aboriginal and Torres Strait Islander communities and also including them in the process and ensuring that process is culturally relevant. It also delivers good outcomes for rehabilitation and reducing recidivism.

I am incredibly proud of the relationship our government has with Aboriginal affairs and also with specific Aboriginal communities, and I would like to take a moment to acknowledge those Aboriginal leaders who are taking the time to contribute to our policy and agenda. I note the member for Hurtle Vale mentioned Jack Buckskin earlier, and I know that he is very much a friend of many members in this place and has acted as very much a teacher and mentor to many of us as well.

I would also like to acknowledge our Nyuck Un Talya, our dearest Uncle Tamaru, who has been providing Kaurna language to me and a number of colleagues. I know that we have found those lessons not only insightful and helpful with our journey but we have all also developed a close personal relationship with Uncle Tamaru, one that we will have for many years to come.

I would also like to acknowledge the contribution of some outstanding Aboriginal people in my local community, particularly Kiara Johnson from Redwood Park, who founded KSJ Consulting, which is a 100 per cent Aboriginal-owned consultancy business. They are creating jobs, career pathways and business opportunities for Aboriginal people across the state. I understand that in their short three years since coming into being, they have had a number of huge opportunities to inform reconciliation action plans in state government local government and business communities.

I would like to acknowledge Kiara and her role in that project. She started her business during COVID, yet despite that it has met with such success in three short years. I thank her as well for having the member for King and I out to House On Haines at the Gully Pub a few weeks ago to celebrate the anniversary of her consultancy with a number of Aboriginal people who have contributed to reconciliation action in our state.

It is important while we are here today and commending the bill to talk about the significance of the bill and the way the Nunga Court will work in reality. There are three Nunga Courts that are operating at present at Port Adelaide, Murray Bridge and the Maitland Nunga Court, which commenced its operations in 2021. The Nunga Court process is available to defendants who are Aboriginal or Torres Strait Islander who have pleaded guilty to an offence and who have applied to be sentenced in the Nunga Court.

In sentencing the defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's community as an elder, a respected person or a person qualified to provide culture advice on sentencing. We know that it will also operate less formally than some other courts, and I think that one of the most significant things to mention here is the way that it changes perceptions and attitudes by having all people, including the magistrate, seated at the same level as the defendant.

I have had this discussion with lots of members in the Aboriginal community, and I know just how important this is. Our teacher, Uncle Tamaru, continues to teach us the relevance of walking side by side, physically, emotionally and in our words and actions, and how that creates a sense of mutual respect for the community.

The Nunga Court also allows elders and other senior members of the community to be involved in the support process for the defendant to achieve outcomes for rehabilitation. Of course, as I mentioned before, we know that Aboriginal people are over-represented in our criminal justice system, but we also know that in statistics relating to recidivism they are over-represented as well, and more often than not they are returning to the criminal justice system multiple times.

I do believe that that is an important thing to question when we are considering which principles undermine our sentencing process as well as the way in which particular groups of individuals are sentenced. Sentencing in the Nunga Court often emphasises offenders having to interact with elders about their offending, and this can be a more impactful way to discourage future offending from occurring.

I am so proud of our agenda generally with respect to Aboriginal people, and it does feel particularly significant to speak to that agenda in this place twice in one day. I look forward to the progression of our agenda, particularly with respect to Aboriginal Voice.

One of the cornerstone commitments of the Malinauskas Labor government is, of course, our commitment to delivering on the Uluru Statement from the Heart at a state level—Voice, Treaty, Truth. I would like to acknowledge the work of our inaugural Commissioner for First Nations Voice, Dale Agius, particularly the work he has already undertaken so soon out in the community having just concluded the first phase of consultation in that process.

There are a number of people who are walking side by side with the government and assisting in the development of that agenda, and I would like to acknowledge their work and their contributions in delivering significant and important change for Aboriginal people. I commend the bill.

The Hon. A. MICHAELS (Enfield—Minister for Small and Family Business, Minister for Consumer and Business Affairs, Minister for Arts) (17:10): I rise also to support the Magistrates Court (Nunga Court) Amendment Bill. We know that South Australia has led the way in developing an Aboriginal sentencing court, having started this process in 1999, and this bill ensures it is enshrined in law. The Nunga Court delivers important justice outcomes. We know that it improves trust in the justice system amongst our First Nations communities, it includes Aboriginal and Torres Strait Islander communities in the sentencing process and ensures the sentencing process is culturally relevant and delivers very good outcomes for rehabilitation and reducing recidivism.

A number of members have spoken about the Nunga Court and how it operates, and I want to touch on that. The Nunga Court is an Aboriginal sentencing process and sits within the South Australian Magistrates Court. It is only available to defendants who are Aboriginal or Torres Strait Islanders who have pleaded guilty to an offence and applied to be sentenced in the Nunga Court. It is a fantastic process to be able to legislate through this bill.

In sentencing a defendant, the Nunga Court must be assisted by one or more persons who are regarded by the defendant and accepted within the defendant's community as an elder or a respected person or a person qualified to provide cultural advice on sentencing. The Nunga Court operates less formally than other courts, such as having all people, including the magistrate, seated on the same level as the defendant.

Elders and respected persons, as well as family and community members, are involved in the process to support the defendant in achieving rehabilitation outcomes, and that is critical. Sentencing in the Nunga court often emphasises offenders having to interact with elders about their offending and the harm they have caused. We know anecdotally that offenders often find this more difficult and therefore more impactful than paying a fine or facing a short prison sentence.

There are currently three Nunga Courts that operate, including the first one ever in the country that was set up at Port Adelaide and opened on 1 June 1999. The second oldest in the country is that operating in Murray Bridge, which opened in 2001, and of course there is one at Maitland as well that commenced last year. Other states have followed suit, following the lead of South Australia. For example, in Victoria we have the Koori Court in Victoria that operates as an Aboriginal sentencing court.

This bill seeks to enshrine the Nunga Court program into law to ensure that it is an ongoing, formal and recognised place in our criminal justice system, and that is important. The bill establishes the Nunga Court as a division of the Magistrates Court. It sets out the circumstances in which a person can access the Nunga Court, such as requiring that a person be Aboriginal or Torres Strait Islander and have pleaded guilty to the relevant offence.

It sets out the purpose of the Nunga Court. These purposes are critical. They include that members of the Aboriginal and Torres Strait Islander communities are part of the sentencing process. They provide an opportunity for First Nations defendants, magistrates, Aboriginal and Torres Strait Islander advisers and other participants in the sentencing process to discuss the offending, the sentencing and the criminal justice system, and that is quite impactful. It increases the confidence of First Nations communities with the criminal justice system.

The bill also sets out that another name can be assigned to the Nunga Court if it is considered culturally appropriate for the place where the Nunga Court happens to be sitting. This power is granted to the Chief Magistrate after consultation with First Nations justice officers and any other persons or bodies recommended.

This bill delivers on an election commitment of the Malinauskas Labor government. The Attorney-General undertook significant consultation on the bill, including holding a forum at the Port Adelaide Magistrates Court in March with Aboriginal justice officers, and elders and respected persons, the Courts Administration Authority, and others who have been involved in the Nunga Court.

An extensive range of stakeholders have been consulted, including the Chief Magistrate; the Hon. Chief Justice Chris Kourakis; Judge Penny Eldridge of the Youth Court; State Courts Administrator Penny Croser; Dr Robyn Layton AO, KC, Chair of Justice Reinvestment SA; South Australian Aboriginal Community Controlled Organisation Network; ALRM; Family Violence Legal Service; The Law Society; Legal Services Commission; and Tiraapendi Wodli.

What we know is that we need to take action on this and formalising the Nunga Court is part of that. We know our First Nations people remain significantly over-represented in the criminal justice system, with the Aboriginal adult population of the total prisoner population making up some 24 per cent in 2022, despite only representing 2.4 per cent of the South Australian population. Ending the over-representation of our First Nations adults and children in the justice system is a key Closing the Gap target nationally.

The government is committed to reducing the rate of Aboriginal incarceration and so has appointed an advisory commission of leading experts to explore the issues and develop recommendations on options to reduce the over-representation of Aboriginal people in the justice system. The eight-person advisory commission, which includes local, interstate and international representatives, has been tasked with providing advice to government for consideration early next year and consists of Chris Larkin, Heather Agius, Jonathan Rudin, Distinguished Professor Larissa Behrendt AO, Leanne Liddle, Major Moogy Sumner, Adjunct Associate Professor Scott Wilson, and Professor Tracey McIntosh. I look forward to reviewing their recommendations.

One of the cornerstone commitments of the Malinauskas Labor government is our commitment to delivering on the Uluru Statement from the Heart at a state level—Voice, Treaty, Truth. We are well underway with this work, having appointed Kaurna, Ngadjuri and Ngarrindjeri man Dale Agius as the state's inaugural Commissioner for First Nations Voice. I want to congratulate Dale on his extraordinary effort in the first phase of consultation, undertaking dozens of visits across the state hearing directly from Aboriginal people about their views on what the Voice should look like and how it should operate. I am very pleased that we are now consulting on a historic First Nations Voice bill.

I want to touch on the impact of arts and culture on our First Nations people and how that could also help in reducing incarceration rates. First Nations engagement in the arts space is an important part of it. I have been able to work with the Australia Council on a very important program that we had here a couple of weeks ago, Purrumpa. It was a national gathering and celebration of First Nations arts and culture that took place at the Adelaide Convention Centre on Kaurna Yerta from 31 October to 4 November. It was a historic occasion that marked the largest national gathering of First Nations arts and culture, convened by the Australia Council, in 50 years.

It was part of the anniversary of the establishment of the Australia Council's Aboriginal and Torres Strait Islander Arts Board. Purrumpa celebrated the remarkable achievements in the First Nations arts and culture sector over that last five decades. We had the initial one and nothing since for 50 years and we managed to snag the 50-year anniversary here in Adelaide.

In 1973, a national seminar on Aboriginal arts in Australia was held in Canberra and attended by about 400 representatives from across the country. Funded by the newly formed Aboriginal Arts Board of the Australia Council, the meeting established guidelines designed to encourage First Nations people around the country to participate in a broad range of arts activities.

Purrumpa, which we held here, celebrated that 50th anniversary as I mentioned, and it enabled a national collective voice across all areas of First Nations arts and cultural practice. As we reflect on the past and we look towards the future, this was a very important moment to come together and continue conversations about First Nations people's self-determination, their development, and priorities for the national advocacy of First Nations arts and culture.

Purrumpa was made possible through the support of the Malinauskas Labor government, and I am happy to announce that not only did our support secure this landmark event here in Adelaide but also that out of the 400 delegates, visitors and speakers, over one quarter of the delegates were South Australian artists and arts workers. I am very proud of the South Australian cohort who attended Purrumpa and of the opportunities it afforded them in relation to networking, learning, listening and, importantly, connecting. This event provides a clear example of our commitment to First Nations leadership in arts.

Coinciding with Purrumpa, I hosted a meeting of cultural ministers and officials from all across Australia here in Adelaide on 31 October. A key part of that meeting agenda was discussing First Nations initiatives within arts and culture, and it is wonderful to be able to report to the house that the conversations were positive and collaborative. I look forward to providing further updates to the house in due course.

Ministers who attended the meeting unanimously agreed to affirm the commitment to a First Nations Voice to federal parliament, something I am very proud to say the Malinauskas government is already working towards at a state level. I also want to acknowledge the work of our Chief Justice, Chris Kourakis. From very early on, when meeting him I became impressed by the passion he shows for reducing Indigenous incarceration. He has done a lot of work in that space, and I want to commend him for that.

Before I came to this place, one of the opportunities I had was to help form a charity called Fearless Theatre. It was a program that encouraged disadvantaged youth to get involved in theatre production. Our first program was actually run through the youth detention centre at Cavan. After the completion of that program, the board members got to attend Cavan to watch the graduation performance, and walking in there what struck me, what smacked me in the face, was the over-representation of our Indigenous youth in the detention centre.

What was heartbreaking, and what really crushed me, was that one of the other board members, who worked at the Aboriginal Legal Rights Movement, said to me when driving back that a lot of her clients actually said they would prefer to be at Cavan than out in their homes. That is something we need to address. As well as what is happening here in the Nunga Court, we need to address those issues to make sure there is sufficient support for rehabilitation, and to have these children out there in the community, taking up opportunities and having that support to better themselves.

This bill delivers on the Malinauskas Labor government's election commitment in our Tarrkarri-ana Aboriginal affairs policy to legislate to protect and strengthen our Nunga Courts so that they have a formal and recognised place within our justice system. I commend the Magistrates Court (Nunga Court) Amendment Bill to the house to ensure the Nunga Court is enshrined in law.

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (17:23): I thank members who have contributed to the second reading debate, particularly those members—in fact, I think it was all members—who spoke in some detail regarding the disproportionate impact that crime and justice play in our Aboriginal community. This is a commitment that the government has made to implement these changes, but I think more broadly, as many members have spoken about, it is just one small piece in the puzzle in the government's commitment to justice reform for Aboriginal people.

The work that is being undertaken by the Attorney in the other place is to be commended, and there are multiple pieces of work that, without doubt, will see more legislation brought to this place as we continue to pursue better outcomes for Aboriginal people who find themselves in our criminal justice system.

I want to thank particularly those individuals, those current participants in the Nunga Court. Of course this does not create a new system; it is codifying the existing system. I do want to thank particularly those individuals who have committed themselves so significantly to improving outcomes for Aboriginal people through their dedication and commitment to Nunga Court.

I mentioned in my earlier remarks Aunty Yvonne Agius, who has been a member of Nunga Court from its first iteration. She is an extraordinary advocate, an extraordinary leader and someone I know many people in this place look to as a leader and someone who inspires them in the way that they—and we collectively—pursue better outcomes for Aboriginal people.

I thank the member for Heysen for his indication of the opposition's support for this bill, and I commend it to the house.

Bill read a second time.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (17:26): I move:

That this bill be now read a third time.

Bill read a third time and passed.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT