Anniversary of the Mabo decision, plus court-based diversion program for people with a cognitive impairment

Last Thursday 3 June marked the anniversary of the Mabo decision in the Australian High Court which overturned the legal concept of "terra nullius". The Mabo decision, which paved the way for the Native Title Act in Australia, marked a significant moment in the reconciliation journey in Australia. Reconciliation between Aboriginal and Torres Strait Islander peoples and other Australians is necessary for the wellbeing of Australia as a nation and as part of action to close the unacceptable gap in life expectancy between First Nations People and other Australians.

I was happy to hear last week that the Attorney General Mark Speakman SC MP had announced a $28 million investment in the Justice Advocacy Service (JAS) and the establishment of a new court-based diversion program for people with a cognitive impairment.

We have long advocated for increased diversion measures at all stages of the criminal justice system, including for people with a cognitive impairment.

JAS is a support service to victims, witnesses and defendants with a cognitive impairment which aims to facilitate the client’s ability to exercise their rights and participation in criminal justice processes. Eligible individuals are supported by a support person when they are in contact with police, courts and legal representatives. JAS is available across NSW, including rural, regional and remote areas.

The new court-based diversion program at Sydney’s Downing Centre, Parramatta, Blacktown, Penrith, Gosford and Lismore Local Courts will build on the supports offered by JAS, providing more targeted assistance for people with cognitive impairment accused of low-level offences.

I commend the NSW Government for investing in the JAS and providing greater support to people with a cognitive impairment.  I look forward to learning more details about what the new court-based diversion program will entail, when they become available.

We have some major events coming up in the next few months for members, including the annual Specialist Accreditation Conference on August 5 and the Government Solicitors Conference on September 7. If you are planning to attend either of these major events, I would encourage you to take advantage of our early bird rates, which provide significant savings.

It is wonderful that we are once again holding these annual events face-to-face, but I am mindful that this is not the case for our colleagues in Victoria, where their fourth lockdown is in place. Let’s hope that the Victorian COVID-19 situation improves very soon.

Juliana Warner, President, the Law Society of NSW

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