Nunga Court facts for kids

The Nunga Court is a special type of court in South Australia. It's designed to help Aboriginal people who have broken the law. These courts offer a different way to decide on a punishment, making it more understanding of Aboriginal culture. They aim to help people get back on track.

The Nunga Court was the first of its kind in Australia, starting in 1999. Other states have since created similar courts. The Nunga Court works within a regular magistrates court. However, it uses less formal ways of talking about what happened and deciding on a sentence. It also includes input from the community. This helps make the process more suitable for Aboriginal people. Sometimes, the court can also connect people with services that help them make better choices.

How the Nunga Court Started

In the 1990s, people realized that the regular court system wasn't working well for Aboriginal people in Australia. There was a report in 1991 called the Royal Commission into Aboriginal Deaths in Custody. This report showed that many Aboriginal people were ending up in jail. It also showed that they faced many challenges.

The very first Nunga Court opened in Port Adelaide on 1 June 1999. It was started by a magistrate named Chris Vass. He had spent years talking with Aboriginal people and community groups. He also spoke with government groups, lawyers, and police. Mr. Vass learned that Aboriginal people often didn't trust the justice system. They also found it hard to understand. So, he created this new type of court. The word "Nunga" is a local term for Aboriginal people. It later became part of the court's official name.

At first, there was no special money for these courts. But in 1999, funding was given for two Aboriginal Justice Officers. More Nunga Courts were then set up in other places. These included Murray Bridge in 2001, Port Augusta in 2001 (for adults) and 2003 (for youth), and Ceduna in 2003.

Later, laws were updated to support how these courts worked. The Sentencing Act 2017 now includes rules for the Nunga Court. The South Australian Nunga Court model also helped other states create their own special courts. Examples include the Koori Court in Victoria and the Murri Court in Queensland.

Why Nunga Courts Are Important

The main goal of a Nunga Court is to help bridge cultural differences. It helps Aboriginal people who have broken the law better understand the legal system. It also helps the court understand Aboriginal culture.

These courts aim to build stronger relationships between the court and Aboriginal communities. This can help reduce the number of people who break the law again. It also helps people get better results. For example, they might be connected to health or other support services.

Nunga Courts aim for better results than regular courts. They still work within the existing legal rules. According to a 2004 report, some of the goals of these courts include:

• To provide a court setting that is more respectful of Aboriginal culture.
• To reduce the number of Aboriginal people who end up in jail.
• To encourage more Aboriginal people to take part in their court process.
• To help stop the cycle of Aboriginal people repeatedly breaking the law.
• To involve victims and the community in the court process as much as possible.

How Nunga Courts Operate

"Aboriginal Court Day," also known as the Nunga Court, is available at several magistrates courts. These include Port Adelaide, Murray Bridge, Port Augusta, Mount Gambier, Port Lincoln, and Ceduna.

The Sentencing Act 2017 allows for a special meeting before someone is sentenced. This meeting is for Aboriginal and Torres Strait Islander people. An Aboriginal and Torres Strait Islander Justice Officer helps with this meeting. This officer also checks if someone can use the Nunga Court.

In the Nunga Courts, a magistrate gets advice or help from an Aboriginal Elder or an Aboriginal Justice Officer. First, the prosecutor explains the case. Then, the person who broke the law gets a chance to speak. After that, members of the Indigenous community can also speak. The Elders do not make the final decision. However, they can give advice on how to decide on a sentence. This helps make sure the sentence is culturally appropriate.

The Nunga Court encourages people from the Aboriginal community to be part of the court process. This includes Elders or other respected community members. The Nunga Court only deals with people who admit they are guilty. It is mostly for Aboriginal and Torres Strait Islander people. The court still follows criminal law, not traditional Aboriginal law. People can choose if they want to use this court.

During a sentencing meeting, everyone sits at the same level. This includes family members, community members, and even victims. Elders, Respected Persons, and Aboriginal Justice Officers give the magistrate advice. This advice is about cultural or community issues. Elders are usually people aged 60 or older. Respected Persons are usually between 40 and 60 years old.

Other Community Courts

The Nunga Courts are different from the Community Courts in Adelaide and Elizabeth. These Community Courts focus on treatment programs as part of the sentencing process. They offer Aboriginal people who have broken the law a chance to join a special program. This program is an alternative to going to jail. As of July 2022, there are two such community courts:

• Aboriginal Community Court Elizabeth (ACCE), started in April 2017.
• Aboriginal Community Court Adelaide (ACCA), started in August 2019.

Both courts meet once a month. Elders are present, and people who have broken the law are supported by a caseworker. They must agree to take part in treatment to deal with the problems that led them to break the law.

Other Support

The Courts Administration Authority also takes other steps to make courts more culturally suitable for Indigenous people. There are six Aboriginal Justice Officers and two Youth Aboriginal Justice Officers. They work in many different courts and places. Aboriginal Sentencing Conferences are also available in all criminal courts across the state.

See also

• Aboriginal Community Court in Western Australia (2006–2015)
• Community court (Northern Territory) (2005–2012)
• Koori Court in Victoria (2002–present)
• Murri Court in Queensland (2002–2012, 2016–present)
• Youth Koori Court in New South Wales (2015–present)