Law & Justice

The ACT Government has progressed a number of initiatives to make our justice system fairer and more effective.

Key changes in the ACT Courts and Tribunal have improved access to justice by reducing waiting times. Progressing the redevelopment of the ACT Supreme and the Magistrates Court through the new ACT Courts Public Private Partnership (PPP) Project and the completion of new information technology will drive further improvements to the way justice is delivered in the ACT.

Strengthening responses to family violence including sexual assault and addressing the over-representation of Aboriginal and Torres Strait Islander people in our justice system remain key law and justice priorities for the ACT Government.

The delivery of safe and effective detainee and offender management through ACT Corrective Services is holding offenders to account and providing opportunities for better integration into the community and rehabilitation. Further opportunities for diverting people away from the justice system are also being driven by the Justice Reform Program.

The Government has established the Justice Reform Program which comprises three interlinked program streams:

• the Justice Reform Strategy,
• the Justice Reinvestment Strategy, and
• the Aboriginal and Torres Strait Islander Justice Partnership.

The three program streams have a shared focus on a common set of vulnerable people who have contact with the criminal justice system and the more intensive parts of the human services system.

The Justice Reform Strategy:

• Is strengthening the capability of ACT Community Corrections to enable successful uptake and supervision of offenders subject to community-based sentencing options as an alternative option to full-time imprisonment. The Intensive Corrections Order (ICO) commenced on 1 March 2016. A fundamental objective is to put offenders on better pathways and reduce recidivism.
• Is creating a two stage roll-out of phase 2 of the restorative justice program, which expanded the scheme from February 2016 to include adults and more serious offences, with the exception of sexual and domestic violence offences. The further expansion of the scheme to include sexual and domestic violence offences will occur by way of ministerial declaration, anticipated in approximately 12-18 months. The expansion of the scheme $2.058 million over four years from 2015-16 provides an increased opportunity for the need of victims to be met and for offenders to accept responsibility for their actions with the aiming of changing future behaviour.
• Is consulting extensively in respect of broader sentencing and related reforms with proposals to be included in a report to the Attorney-General and Minister for Justice by 31 July 2016 when the Justice Reform Strategy is due to conclude. For example, expanding bail support options would be a cost-effective and socially inclusive alternative to remand.  Types of services being examined include housing, transportation and employment needs of people applying for bail that might increase the likelihood of people being granted bail and improve compliance with bail conditions.
• Is developing a whole of government strategy aimed at reducing recidivism and diverting offenders, and those at risk of becoming offenders, from the justice system.
• is working closely with a range of government and non-government stakeholders, over a four year period, to identify drivers of crime and criminal justice costs and then develop and implement new ways of reinvesting scarce resources – both in the community and within the prison system – in a way that results in a more cost-effective justice system that strives to improve public safety and strengthen community.
• is continuing to progress work in relation to economic modelling to identify savings to the community from preventing or delaying a person’s contact with justice system and how they can be reinvested.
• is developing a trial that will focus on targeting services and support to Aboriginal and Torres Strait Islander families to improve life outcomes and reduce or prevent contact with the justice system.

An increase in funding from the 2015-16 budget saw an extension to service provision from the High Density Housing Safety and Community Program. The Program is an important recognition of place-based justice reinvestment in the ACT. The place based approach to justice reinvestment involves understanding the crime reduction and community strengthening impacts of programs and supports that are provided in a geographic location where the people who need them reside.

• The High Density Housing Safety and Community Program is a service facilitation initiative working with residents living in 6 public housing sites along Ainslie Avenue in the Canberra City. The objectives of the program are to deliver events, activities or programs, and promote ongoing participation opportunities that:
  • prevent or reduce opportunities for crime;
  • promote community safety and security;
  • develop pro-social and law abiding community engagement; and
  • facilitate access to services that are related to justice, health, mental health, education and employment.
• The service provider works with high and complex needs residents who have been, are currently, or are at risk of becoming, involved in the criminal justice system. The service provider facilitates the effective coordination of existing services, as well as introduces new services that foster resident involvement by overcoming their barriers of participation, particularly of the following groups:
  • residents who have previously been, are currently, or are at risk of becoming involved in the criminal justice system;
  • Aboriginal and Torres Strait Islander people;
  • women (including mother and child activities/groups);
  • children and youth; and
  • socially disengaged or isolated people.

Galambany Circle Sentencing Court continues to provide culturally appropriate specialist court for Aboriginal and Torres Strait Islander adults or young people. The aims of the court includes to:

• involve Aboriginal and Torres Strait Islander people in the sentencing process;
• increase the confidence of Aboriginal and Torres Strait Islander people in the sentencing process;
• reduce barriers between Courts and the Aboriginal and Torres Strait Islander people;
• provide culturally relevant and effective sentencing options for Aboriginal and Torres Strait Islander offenders;
• provide the offender with support services that will assist them to overcome his or her offending behaviour;
• reduce repeat offending in Aboriginal and Torres Strait Islander communities;
• provide support to victims of crime and enhance the rights and place of victims in the sentencing process;
• through Galambany Circle Sentencing Court refer eligible Aboriginal and Torres Strait Islander people to the Outward Bound Skills for Life Program. This program is a five day wildness training program aimed at assisting them to develop their own self-belief, self-awareness, self-confidence, coping mechanisms, conflict resolution, resilience and leadership skills. Participants are fully supported in a culturally appropriate environment and encouraged to challenge their own perception of their limitations.

The Government has a further $1.141 million in the 2016-17 Budget to continue the Extended Throughcare model which assists offenders’ transition to the community and helps to reduce rates of recidivism. The Throughcare model provides assistance to detainees pre-release and for up to 12 months post-release. It blends re-integration planning with rehabilitation needs so that detainees have access to targeted support and interventions.

The Government has also agreed to fund new infrastructure in the AMC to support and enhance detainee industries. The first stage in the development of industries capacity will include the expansion of existing laundry facilities. The 2016-17 Budget provides funding to employ additional staff to support the extended laundry operations which will provide additional employment opportunities for detainees. A bakery facility will be constructed, and a multi-purpose facility will also be built. By developing work industries within the AMC, detainees will be assisted to build work skills that will support their rehabilitation and reintegration back into society.

The Government has provided further funding in the 2016-17 Budget to support ACT Corrective Services (ACTCS) through:

• the implementation of an offender management system;
• new accommodation premises and fit-out for ACTCS and Community Corrections client service areas; and
• replacement of ACTCS’ analogue radio system with digital radio, which will be connected to the Territory Radio Network system.

Through the Aboriginal and Torres Strait Islander Justice Partnership 2015-2018, launched in July 2015, a targeted approach is being taken to addressing the over-representation of Aboriginal and Torres Strait Islander people in the ACT criminal justice system through the identification of three key objectives which detail targets, measures, actions and areas of accountability.

• The three objectives of the new Agreement are:
  • reducing over-representation by reducing recidivism and increasing access to diversionary programs;
  • improving access to justice services; and
  • improving data collection and reporting.
• The objectives have been identified to focus specifically on priority areas where there is an identified need. This includes addressing high incarceration rates for both adults and youth and over representation in the criminal justice system.

The ACT Government has demonstrated its ongoing commitment to an efficient and effective justice system through the construction of a new ACT Law Courts precinct that will improve access to justice for all court users.  The new facility will have modern courtrooms equipped with the latest technologies to support the efficient and safe conduct of trials and hearings. It will also provide dedicated facilities for vulnerable witnesses, domestic violence support agencies and community service agencies.  The facility will accommodate the increasing use of alternative dispute resolution with a number of dedicated mediation suites.  As the Territory’s pathfinder Public Private Partnership project, the project demonstrates the Government’s commitment to working innovatively in partnership with the private sector to deliver the infrastructure needs of Canberra.

In conjunction with this major project the Government has provided:

• $10.6 million in capital funding in prior year budgets for a new integrated Courts and Tribunal case management system.  Once established, the case management system will provide a platform for a range of online services that will improve court and tribunal accessibility. 
• recurrent funding for the appointment of a 5th Supreme Court Judge in the 2016-17 financial year to reduce waiting times in the ACT Supreme Court; and 
• funding for acting judicial officers has contributed to a reduction in the backlog of pending cases in the Supreme Court. In particular, the Report of Government Services (ROGS) indicates that the number of civil matters pending for more than 24 months was reduced from 381 in 2010-11 to 66 in 2014-15 while the number of civil matters pending for more than 12 months dropped from 800 in 2009-10 to 210 in 2014-15. This is against a background of a steady increase in total civil lodgements.
• a further $150 million in capital funding for a new ACT Law Courts precinct. 

 

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