Irving, Megan; Kristiansen, Kari M S --- "The Coen Local Justice Group - A Community Response to Family Violence in Queensland through the Local Justices Initiatives Program" [2001] IndigLawB 79; (2001) 5(13) Indigenous Law Bulletin 12

The Coen Local Justice Group – A Community Response to Family Violence in Queensland through the Local Justices Initiatives Program

by Kari M S Kristiansen and Megan Irving

The Local Justices Initiatives Program (‘the program’) is a direct response of the Queensland Government to the recommendations of the Royal Commission into Aboriginal Deaths in Custody. Operated through the Department of Aboriginal and Torres Strait Islander Policy and Development (‘DATSIPD’), the goal of the program is to reduce Aboriginal and Torres Strait Islander overrepresentation in the criminal justice system in Queensland.

Through the program, Indigenous communities and organisations are allocated funding to develop justice strategies at a local level suitable to their particular needs. The program aims to be flexible and encourages the development of innovative community-based diversionary and interventionist alternatives to arrest, custody and recidivism, with particular emphasis on addressing underlying issues relating to anti-social and unlawful behaviour.

The Community Justice Group framework is a striking example of a community justice initiative established through the program, which has had significant success in Indigenous communities throughout Queensland.[1] This article focuses on the Coen Local Justice Group in central Cape York and its approach to addressing recurrent family violence offending at a local level.

The increasing presence of violence in the Indigenous community setting is a dominant contemporary social and legal problem. The issue of family violence has attracted extensive commentary, research and analysis by governments and related stakeholders including service providers, community members and the media. Its disproportionately high levels are well documented.[2] In the Cape York Justice Study undertaken by the Queensland Government in 2001, Fitzgerald observed that:

Violence within Cape York’s Aboriginal communities is all-pervasive, and at levels which are far greater than those in non-Indigenous Queensland communities, impacting on people’s capacity to address the range of problems confronting them.[3]

Family violence places great strains on community life because it can involve a broad range of individuals from infants to elders, most often threatening the safety of women and children. In small close-knit remote communities a majority of community members may be chronically affected by the violent actions of a handful of perpetrators within an extended family network.

The Coen Local Justice Group (‘the Justice Group’) was established in 2000 under the program. Coen is an inland town in central Cape York with a population of approximately 360 people, the majority of whom are Aboriginal people from the clan groups of the Central Cape region. The group comprises elders and members of these groups namely the Ayapathu, Oolkolo, North Kaanju, Wik Mungkan and Lama Lama tribes, as well as representatives from Queensland Police, Education Queensland, Queensland Health and the Coen Regional Aboriginal Corporation. The composition of the Justice Group is a reflection of the traditional Indigenous authority structure within the area and is a genuine attempt at reinvigorating past methods of social control within the clan groups for the benefit of the community. Whilst all positions are filled by volunteers, there is a Justice Group Coordinator employed on a fractional basis.

The mission statement of the Justice Group is:

Solutions lie in the Community
Solutions come from the Community
Solutions develop self-determination
Support our Community
Support our Solutions

The approach of the Justice Group to the problem of family violence in the community involves:

(1) participation in the court process by providing community advice on sentencing;
(2) the establishment of diversionary programs;
(3) a focus on rehabilitation and prevention; and
(4) community ownership of the problem-solving process.

Community Advice on Sentencing

Justice Group members are present at each sitting of the Magistrates Court in Coen. Members also occasionally attend District Court sittings in Cairns when Coen people are involved. Their role is to put formal submissions to the court concerning sentencing and diversionary alternatives available to the court for offenders.

The presence of community members as formal participants in court proceedings meets several objectives. It:

(1) provides valuable input for other stakeholders including magistrates and judges;
(2) demonstrates a commitment by the community to help itself by participating in the criminal justice system through a legitimate community mechanism;
(3) sensitises the justice system to the unique needs and cultural values of Indigenous people; and
(4) facilitates a constructive link between an individual’s home community and the administration of justice.

Although community justice groups have no statutory foundation, both the Penalties and Sentencing Act 1992 (Qld) and the Juvenile Justice Act 1992 (Qld) recognise their role in providing sentence advice to courts from community members. The contributions of the Justice Group are designed to provide a clear and accurate picture of the offender, his/her relationship with the community, cultural considerations relevant to the offence and an evaluation of the most suitable sentencing options for the individual.

Whilst recent amendments to the Penalties and Sentencing Act provide a legislative basis for community participation in the sentencing process, such changes also involve a fresh approach by magistrates. As Queensland Chief Magistrate Dianne Fingleton says:

I encourage magistrates to think of themselves as less than [sic] authority figures talking from the bench raised above the rest of the court but more to think of themselves as part of a circle or part of the community .... This requires a change in the attitude of the judicial officer who has traditionally only received submissions from either the prosecutor or defence lawyer on behalf of the defendant.[4]

Diversion from Prison

The Chairperson of the Coen Local Justice Group, Phillip Port, observed that:

Often a prison sentence is culturally and socially detrimental to offenders. They are away from the guidance of their elders and they are away from their homelands. Too often we see that a custodial sentence has no long-term beneficial effects. This is evident when some offenders are released from jail and re-offend immediately. These offenders are sometimes more hostile and have more chance of re-offending because they have not actually been rehabilitated, only locked up. The outstations are particularly valuable where less serious offences are concerned and rehabilitation is possible.

In this context, the Justice Group focuses on rehabilitating family violence offenders. Family violence offenders are defined as those individuals who already have domestic violence orders against them, those who breach those orders and/or those who may continue to breach, therefore placing their victim/s in a chronic state of risk and vulnerability.

The Justice Group encourages its members to take responsibility for developing alternatives to imprisonment for family violence offenders whilst maintaining zero tolerance of their violent behaviour. Therefore rehabilitation and prevention have emerged as major priorities for the Justice Group as a way of tackling the perpetual cycle of regular imprisonment for family violence offenders due to repeated breaches of domestic violence orders. Imprisonment does not necessarily act as a deterrent nor stem ongoing violence at home during periods of non-imprisonment. Prison-based programs usually lack the impact that can come through the assertion of specific clan-based cultural authority.

In the Coen area, many community members are increasingly choosing to reside on homelands, also known as outstations, where attention is focused on cultural activities and family life. The outstations, which are situated outside the town, can be places of tranquility for family and community members. Through the Justice Group community members in Coen have made their homelands at Meripha, Blue Mountain, Wenlock, Langi, Port Stewart, Station Creek and Glengarland available as diversionary centres for offenders from Coen.

The availability of outstations for this purpose means that the Justice Group may recommend to the court the imposition of ‘outstation orders’ wherever possible. That is, orders providing for the offender to remain out of the community at an outstation under a supervised diversionary program of activity as an alternative to prison or to comply with a community-based sanction to leave the community and reside at an outstation for a designated period. This reduces the likelihood of further offences and disturbance within the community environs, and enhances the safety and well being of potential victims of family violence. The Justice Group Coordinator has also accepted the role of honorary Community Correctional Officer in Coen, which allows the Justice Group to supervise community-based orders.

Rehabilitation and Prevention

Central to the notion of prevention is an appreciation of the underlying issues relating to offending, including alcohol and substance abuse, poverty, poor health and low education levels.

In 2001 the Justice Group, with the support and assistance of various government agencies, conducted separate group meetings for men and women to address critical issues such as child protection, domestic violence orders, sexual health and the effects of substance abuse including the catastrophic consequences upon children as a result of chronic anti-social behaviour. The Department of Community Corrections presented the ‘Ending Offending’ course in Coen, which was complemented by the ‘Walk Away Cool Down’ campaign conducted by the police with the support of the Coen Regional Aboriginal Corporation, the peak Indigenous community-controlled organisation in Coen. Both of these programs encourage participants to take responsibility for their actions, eg ‘stop fights before they get out of hand’ and ‘be responsible for your children and respect your community’. In promoting these types of programs members of the Justice Group have sought community cooperation in plain terms:

We don’t want all our people to be sent to jail. There will be no one left, no one on the land. Don’t let the grog control your life.[5]

Think about your culture and your land. Have respect for yourselves and respect the elders.[6]

Pull together to work out your problems. The grog makes you go off. It destroys lives and breaks up families. We need to look out for each other. Don’t let the Justice Group have to show you their hand of strength.[7]

Informal recreational activities convened by the Justice Group are equally vital. Friday night football on the big screen, regular sporting activities, an ‘Over 40s night’ as a reward for seniors who look after their children’s children, and weekend stays on outstations are sources of alternative recreational entertainment for family and community members. On occasion a great deal of initiative is required to attract resources to Coen. For example, when it became evident that the children in Coen would miss out on the live telecast of the Sydney 2000 Olympic Games, the Justice Group worked with the children to lobby for funds from the Queensland Government for a satellite dish and large projector screen. This allowed the Justice Group to set up a community conference room known as the Coen Kids Club Olympic Village, officially sponsored by the Coen Local Justice Group. The equipment continues to provide a means of entertainment and is of huge assistance for workshops and training programs.

The aim of such initiatives is to educate, entertain and keep people out of the courts and gaols. Through education the Justice Group seeks to pass knowledge on to community people and to inform state agencies about training needs in Coen. Through entertainment, people are occupied and there is less time to be distracted into cycles of violent anti-social behaviour. There is also an incentive to maintain an acceptable standard of conduct at these events, as the Justice Group has adopted the view that ‘good behaviour will be rewarded’ by a willingness to maintain entertainment and recreation activities for as long as there is a demonstrated appreciation of their value.[8] All of these initiatives are cost effective in comparison to court and imprisonment.

Community Ownership

Through collaboration with community members, the Justice Group has documented the issues that affect the overall standard of living of Coen residents. Importantly, these are the issues identified by the community rather than by external stakeholders and observers. The community acknowledges family violence as a prime concern and has demonstrated its commitment through the Justice Group to tackle it proactively. The Justice Group has encouraged consultation, communication and community focus upon a common goal: the improvement of the quality of life for all people in Coen. To achieve this goal the Justice Group has adopted a holistic approach based on values defined at a community level. As the strength of the Justice Group develops, the community becomes more confident and the likelihood of effective problem solving is greatly enhanced. Due to its representative structure, the Justice Group is a body of cultural power capable of empowering the entire community without being undermined by more narrow factional interests.

Conclusion

The Community Justice Group Framework is an example of a community structure wholly developed and sustained by community membership and participation, specifically focused on restoring cultural strength to the criminal justice processes taking place in the community. It approaches family violence by engaging individuals consistently in productive programs and activities which encourage a personal response to preserving the integrity of community life in Coen.

Kari M S Kristiansen is an independent consultant specialising in legal service delivery in Indigenous communities. Kari visited Coen in 2001.
Megan Irving worked in Coen from 1994 to 2001, in various roles including Child and Family Support Worker, Honorary Community Correctional Officer and Coen Local Justice Group Coordinator.

The comments in this article attributed to individuals employed by state government agencies do not necessarily reflect the views of the Queensland Government.

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[1] For a summary of current community justice group initiatives and trends throughout Cape York and Palm Island see Queensland Government, Cape York Justice Study (2001) 114-121.

[2] For a detailed analysis of violence against Aboriginal and Torres Strait Islander women, children and families in Queensland, see Queensland Government, The Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report (1999).

[3] Queensland Government, Cape York Justice Study (2001) 18.

[4] ‘Courts ‘need change of approach’’, The Koori Mail (Lismore), 9 January 2002.

[5] Victor Lawrence (Wik Mungkan).

[6] Cecil Sellars (Oolkolo).

[7] Sgt Zane Male, Queensland Police.

[8] Barbara Shephard, Justice Group Member, Coen Health Centre Manager, resident of Coen for 34 years.