Aboriginal Community Court facts for kids

Aboriginal Community Court, also known as the Aboriginal court, was a special way of handling legal cases for Indigenous Australian people in Western Australia. These courts were active between 2006 and 2015.

They were not separate courts, but rather a different way the regular Magistrates Court of Western Australia worked when dealing with Indigenous people accused of breaking laws. The idea was to make the court process feel more welcoming and understandable for Indigenous people. It also allowed Indigenous communities, including Aboriginal and Torres Strait Islander elders, to be involved in deciding what should happen in a case.

Why These Courts Started

For a long time, there have been efforts to involve Indigenous Australians more fairly in the legal system in Western Australia.

• Back in 1930, a "Court of Native Affairs" was set up. It only dealt with legal issues between Aboriginal people. This court stopped in 1954 and was later criticized because it took away some important legal rights from Aboriginal people.
• In the 1970s, in a region called the Kimberley, judges sometimes invited Aboriginal elders to sit with them when cases involved Aboriginal people. This was an informal way to get community input.
• Later, in the early 2000s, informal "Aboriginal Courts" were held in places like Wiluna, Western Australia and Yandeyarra Community.

A big reason for these special courts was that Indigenous Australians are much more likely to be involved in the legal system and end up in prison compared to non-Indigenous Australians. For example, in 2007, Aboriginal Australians made up only 3-4% of the population in Western Australia, but over 42% of people in prison. The Western Australian Government hoped these special courts could help fix this imbalance.

The Aboriginal Community Court was also inspired by the idea of "circle sentencing". This is a way of dealing with legal cases that involves the community more directly.

How the Courts Developed

The idea for "Aboriginal courts" in Western Australia began with the Aboriginal Communities Act 1979. A magistrate named Terence Syddall, who worked in the north-west, played a big part. He started inviting local elders to join him in court and discuss possible outcomes for Aboriginal people involved in cases.

In 1977, the Western Australian Government asked him to study how Aboriginal law could connect with "whitefella" law. Following his report, the "Aboriginal court" system started as an experiment in 1980 in places like La Grange and One Arm Point.

The first official Aboriginal Community Court opened in Norseman in 2006. A second one, a trial court, opened in Kalgoorlie-Boulder about a year later. These courts were set up to make the legal process less scary for Aboriginal people.

In 2008-2009, the Aboriginal Legal Service of Western Australia (ALSWA) studied these courts. They recommended that more such courts should be started across Western Australia, especially in remote areas.

However, in 2015, the system was stopped. The government felt there wasn't enough proof that these courts reduced the number of people who broke laws again, compared to the regular system. Even so, many people had given positive feedback in 2009. They said the courts helped people respect the legal system more and improved relationships with Indigenous communities. The Law Society of Western Australia still supports having more Indigenous courts. Some, like Dennis Eggington from ALSWA, believed the courts failed because they didn't have enough support and money to help with the deeper reasons why people were getting into trouble.

How the Court Worked

The Aboriginal Community Court in Western Australia was different from similar courts in other parts of Australia, like the Koori Court in Victoria or the Murri Court in Queensland. In those states, the Indigenous courts were completely separate.

In Western Australia, the Aboriginal Community Court was actually the regular Magistrates Court of Western Australia. This meant it handled less serious legal matters, just like any other Magistrates Court. People could still appeal decisions in the usual way.

A key part of this court was that respected members of the local Indigenous community could be involved. They could share their thoughts on the situation and help decide what would be best for the person involved. The court was often less formal, with the judge sitting at a table. A main goal was to make decisions that fit the background and situation of the person in court.

One important thing to know is that this court did not use a different set of laws for Indigenous people. Everyone was judged under the same laws that apply to all residents in Western Australia. The Law Reform Commission of Western Australia confirmed this, saying that the court did not apply "tribal law" to excuse actions.

Joining the Aboriginal Community Court was voluntary. People could only participate if they admitted they were responsible for the action they were accused of. Most types of cases could be heard in this court. Reports showed that people who went through these special courts often felt more satisfied with the legal system than those who went through the standard British-style court process.

Who Was in the Court

Since it was still a Magistrates Court, a magistrate (judge) was in charge. However, a group of six Aboriginal elders were available to sit with the court.

• The magistrate led the proceedings and made the final decision about what should happen.
• The elders helped by sharing information about the person's background. They explained how the situation affected the community and the person who was harmed. They could also explain the court process to the person in a way that was easier to understand and respectful of their culture.
• The prosecutor presented the facts of the case.
• The person involved agreed to take part in this community-focused process.
• The person who was harmed was encouraged to be part of the process and explain how the situation affected them, but they didn't have to if they didn't want to.

All the usual ways to appeal a decision from the Magistrates Court still applied.

See also

• Community court
• Community court (Northern Territory) (2005–2012)
• Koori Court, in Victoria (2002–present)
• Murri Court, in Queensland (2002-2012, 2016–present)
• Nunga Court in South Australia (1999–present)
• Youth Koori Court, in New South Wales (2015–present)