The Law Society continues to support active consideration of the recommendations made in the ALRC Report

Last week, the Law Society, along with the NSW Bar and other members of the legal profession, gave evidence at the hearing of the Select Committee into the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody at NSW Parliament. As we stated in our submission, the 2018 Australian Law Reform Commission (ALRC) report sets out a thorough and considered roadmap to addressing the vexed issue of Indigenous over incarceration and should continue to be a starting point when considering the issues under inquiry. However, Governments at all levels have not responded substantively to the recommendations made in this report. The Law Society continues to support active consideration of the recommendations made in the ALRC report - ultimately the issues being examined by the Inquiry are long-standing and require a concerted and coordinated whole of government response, and the will to make substantive, structural changes.

Our evidence, which was based on an extensive submission to the Inquiry (and informed by the work of a number of our Committees), included the need to raise the minimum age of criminal responsibility, our support of specialist Indigenous sentencing courts, including the expansion of the Youth Koori Court to regional areas, and the use of therapeutic jurisprudence in respect of the Drug Court and circle sentencing.

Also, in the news this week was the Federal Government’s appointment of The Honourable Justice Simon Steward and The Honourable Justice Jacqui Gleeson to the High Court of Australia. I congratulate them both and have no doubt they will discharge their duties on the High Court with the great integrity, wisdom, diligence, and dedication to the rule of law for which they are both renowned and respected.

And finally, I am pleased to see that NAIDOC Week, which was postponed earlier this year due to the pandemic, is being celebrated around the country from November 8-15. The 2020 theme is “Always Was, Always Will Be” recognising that that First Nations people have occupied and cared for this continent for more than 60,000 years.

In the spirit of NAIDOC celebrations, the Law Society’s Dining Room Delivers will be offering a “Bush Tucker inspired” hamper for delivery on Friday 13 November (think Davidson plum glazed sticky pork ribs, saltbush potatoes and lemon myrtle shortbreads). Bushfood has sustained generations of Aboriginal peoples for thousands of years and today represents a rich and vibrant history in the culture of this country. Keep an eye out for the NAIDOC week “Fill Me” hamper menu, which can be ordered online from Thursday 5 November (orders close 9am Tuesday 10 November).

Richard Harvey, President, Law Society of NSW

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