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First Nations justice: a welcome priority in Budget Update 2022 - 2023
26th Oct 2022
The commitment to justice for Aboriginal and Torres Strait Islander peoples shown in the Federal Budget Update is welcome, says the Australian Lawyers Alliance (ALA).
“We welcome the commitment to funding for both the First Nations Voice to Parliament referendum and the Makarrata Commission,” said ALA National President, Ms Genevieve Henderson. “We also welcome the commitment to funding initiatives that ensure First Nations peoples’ access to and participation in Australia’s democratic processes, which must include those living in rural, regional and remote areas.”
The Budget includes a $99 million commitment over four years from 2022–23 to support improved justice outcomes for First Nations peoples, including:
- justice reinvestment initiatives to be delivered in partnership with Aboriginal and Torres Strait Islander communities;
- funding for Aboriginal and Torres Strait Islander Legal Services to ensure First Nations families can access timely and culturally appropriate legal assistance before, during and after coronial processes; and
- funding for the National Aboriginal and Torres Strait Islander Legal Services, to support its contribution to law reform and policy development.
“We welcome these initiatives and the support for them provided by this Budget,” said Ms Henderson. “The ALA has long called for justice reinvestment strategies in order to address the disproportionately high rate of incarceration of Aboriginal and Torres Strait Islander peoples.
“In principle, we also support the plan to explore options for national real-time reporting of First Nations deaths in custody. However, the ALA again calls for the Federal Government and all state and territory Governments to commit to systemic changes to ensure these tragedies are not repeated.”
The Budget will also provide over four years from 2022–23 to establish and support the ongoing operation of the National Anti-Corruption Commission (NACC).
“We welcome this funding and the commitment to ongoing operational funding and resources for the NACC,” said Ms Henderson. “However, as with this promised funding and any funding beyond the promised four years, NACC funding and resourcing decisions are ultimately at the discretion of federal parliamentarians. We recommend the establishment of a national, independent tribunal to determine and authorise funding and resources for the NACC.”
The $12 million commitment over four years in the Budget for community legal centres in New South Wales and Queensland to help flood-affected Australians access timely legal assistance is also welcome, but more support is still needed for front-line legal services.
“This funding is welcome but community legal centres and other front-line legal services play a crucial role in supporting people in times of crisis or distress and more funding is required for these services,” said Ms Henderson. “It is critical that everyone has timely access to justice and legal processes.”
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