ANTaR Qld made a Submission to the 2010 Review of Police Powers and Responsibilities emphasising the need for the Qld Police Service to take account of Aboriginal and Torres Strait Islander imprisonment rates in Qld, the third worst in the country, and to employ diversionary and cautionary options whereever possible. The submission refers to Project 10% Community Consultation, the CMC Report on Policing in Aboriginal and Torres Strait Islander Communities, the Hearing into the Involvement of Indigenous juveniles and young adults in the Criminal Justice System, the Death on Palm Island of Mulrunji Doomadgee and promises made in the 2001 Qld Justice Agreement.

 

 

Submission to the Queensland Police Service review of the Police Powers and Responsibilities Act 2000

Introduction

ANTaR Qld Association Inc is a people’s movement working for justice, rights and reconciliation with Aboriginal and Torres Straits Islander Peoples. Our focus in this submission is on the interaction between police officers and Aboriginal and Torres people. However, in general, any problems with the police powers and how they are implemented are also likely to impact also on other Queensland residents.

ANTaR Qld is acting as secretariat to the Project 10% Campaign - Reducing imprisonment by 10% a year for ten years – Keeping Families together and moving forward – family unity community unity

This Campaign is chaired by Ken Georgetown, CEO of Murri Watch, Nancy Bamaga, Board member and Colleen Wall, CEO of Aboriginal and Torres Strait Islander Women’s Legal and Advocacy Service (ATSIWLAS).

This Submission is an ANTaR Qld submission.

Review of the Police Powers and Responsibilities Act

The current review of the Police Powers and Responsibilities Act (PPRA) is of interest to ANTaR Qld due to the obvious correlation between what the laws are and how police enforce those laws - particularly how they exercise their powers to arrest, and then who ends up in prison.  

One of the stated purposes of this review is to “assess the current safeguards that ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act”.  It is clear to us that these safeguards often do not work adequately when police enforce the laws and exercise their powers in relationship to Aboriginal and Torres Strait Islander peoples. 

Some relevant statistics

A quarter (26.4%) of the population in Queensland prisons are Aboriginal and Torres Strait Islanders

Aboriginal and Torres Strait Islanders are at least 11 times more likely than other Queenslanders to be in prison

The majority of these prisoners are imprisoned on property related offences and minor offences.

Aboriginal and Torres Strait Islander juveniles are twice as likely to be proceeded against by way of arrest compared to non Aboriginal and Torres Strait Islander juveniles and are more likely to be required to appear in court. 

Aboriginal and Torres Strait Islander juveniles are 8.5 times more likely to be processed by police than their non-Aboriginal and Torres Strait Islander counterparts.

Re-incarceration is frequently due to breaches of State orders – which are often inappropriate and ill-used.

Five deaths in Queensland prisons in five months; again Aboriginal and Torres Strait Islander people are over-represented.

 

The key role of police in the justice system

 

Police officers are the people who make the first crucial decision to bring a person into the justice system rather than to caution or divert them. It is therefore crucial that they are seen to be implementing correct police procedure.   However, there is evidence that police often treat suspects who are known to be, or appear to be, Aboriginals or Torres Strait Islanders, differently to ‘main-stream’ Australians.

 

 

Reports and Inquiries

 

There are numerous reports and inquiries which have made findings and recommendations about the way in which the police interact with Aboriginal and Torres Strait Islander people.  Whilst these reports sometimes generate a flurry of activity, there does not appear to have been consistent and persistent action taken to generate real improvements.

See also Appendix 2   chronology of reports and police, CMC report on Restoring Order, November 2009.

 

The following summarises some relevant findings of just a few reports:

 

The Australian Institute of Criminology submission to the Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system

 

The AIC submission focuses on the significant over-representation of Indigenous young people at every stage of the criminal justice system.  This over-representation has been steadily increasing over the last decade.  The AIC notes that Indigenous juveniles in detention are younger on average than their non-indigenous counterparts.  The AIC makes the following observations:

Indigenous juveniles come into contact with the police disproportionately, and are over-represented in their contacts with the police;

Studies demonstrate that police cautioning is an effective strategy and that those who are cautioned on their first contact are less likely to re-offend than those whose first contact resulted in a finalised court appearance;

Indigenous juveniles are often not given the benefits of cautioning or other diversionary measures.  In addition to other explanations this may be because of a lack of access to cautioning for juveniles in remote areas and police bias.

 

Professor Cunneen’s 2005 Evaluation of the Justice Agreement

 

Cunneen lists some strategies which he considers are important to ensure that the criminal justice system is fair, equitable and just in its application to Aboriginal and Torres Strait Islander people in Qld.  These include cross-cultural training, and employment of more Aboriginal and Torres Strait Islander people in justice agencies (it should be noted that criminal records even for a minor offence obviously hinder this objective).

 

Cunneen states that the greatest failure of the QPS in relation to the Justice Agreement is its failure to ensure that alternatives to arrest are used for Aboriginal and Torres Strait Islander juveniles and adults; and the failure to develop the QATSIP program beyond the pilot communities – particularly into remote communities.

 

Cunneen talks about the failure of the original Justice Agreement to acknowledge Aboriginal and Torres Strait Islander people as victims of crime – not just offenders.  He recommended that funding for crime prevention projects should priorities programs that target the offending categories most prevalent among Aboriginal and Torres Strait Islander people including theft and unlawful entry for juveniles, and public order and justice related offences for both adults and juveniles.

 

Although this review specifically excludes examination of the “move on” powers it should be noted that Cunneen raises concern about the use of particular laws such as the use of “notified areas” under the PPRA and subsequent use of move-on powers and use of provisions under the Summary Offences Act.  He states that “given that 30% of Aboriginal and Torres Strait Islander finalised appearances in the magistrate courts in Qld are for public order offences, there is reason for serious concern that diversionary processes are not being used and that Aboriginal and Torres Strait Islander peoples use of public space is being unnecessarily curtailed”.

 

Restoring Order – the CMC report

 

This 404 page report is about policing in Queensland’s remote “Indigenous communities”.   We would like to see the Queensland Police Service adopt the  6 principles which this report states should guide the relationship between govt and people in Qld’s indigenous communities, namely:

Improve and maintain a focus on crime prevention;

Make a clear and sustained commitment across government for a criminal justice system that incorporates local justice components;

Ensure that crime prevention and the criminal  justice system response to crime and violence in these communities is guided by strong local-level planning;

Support local police to play a key supporting role;

Conduct rigorous and timely evaluations of key initiatives and appropriate monitoring and reporting; and

Be prepared to innovate.

 

We assume that this report will be considered as a part of this review.  In particular we draw attention to the description of the relationship between police and Queensland’s Indigenous communities as generally “fragile, tense and volatile”.  The report states that “many members of Qld’s Indigenous communities continue to be distrustful and suspicious of police, and often carry an expectation that Indigenous people will be treated unjustly and violently by police.  Such is the state of the relationship that even apparently small misunderstandings or miscommunication may result in a crisis of confidence and trust in the police...  However, strong relations are possible... “The challenge for the QPS is to develop an organisational approach to improving relations with Qld’s Indigenous communities that will have a real effect on the way policing is carried out by all officers in these communities, regardless of the individual attributes of these officers.  It is our firm belief that the ‘tone must be set at the top’.....Building relations based on trust and confidence between police and Indigenous communities is worthy of priority...”  pxxiv of the summary.

 

ANTaR Qld seeks a clear, public statement indicating how and when Qld Police Service responds to CMC recommendations concerning the application of police powers and their relationships with Indigenous communities, and how those recommendations to be implemented will be resourced.

 

The National Indigenous Law and Justice Framework   2009 -2015

(prepared by the Standing Committee of Attorneys-General Working Group on Indigenous Justice)

 

This Framework is intended to set out a national approach to Indigenous justice issues.  A number of statements in this document are relevant to Qld policing practises.

 

The Framework identifies that “one of the ways governments can begin to eliminate racism where it exists within the justice system is through increased positive participation of Aboriginal and Torres Strait Islander peoples and targeted institutional reform”.  The Framework also states that “to address the over-representation governments must ensure that contact between Aboriginal and Torres Strait Islander peoples and the criminal justice system is appropriate, equitable and fair....Access to and use of rehabilitative, preventative and diversionary responses to criminal behaviour provide vital opportunities to break the offending cycle”.  We refer you to this document as many of the strategies and recommended actions have relevance for the police.

 

Community Forums

 

As a part of Project 10% over 100 Aboriginal and Torres Strait Islander and non-Indigenous people have taken part in workshops and community forums around Brisbane.  Stories from the community forums confirm the findings of the academic research.  Systemic barriers to reducing imprisonment which were identified by the community and are relevant to policing include:

 

Discriminatory laws, policies and practices which result in differential treatment and outcomes;

Racist attitudes and behaviours among police;

Lack of knowledge and respect for Aboriginal and Torres Strait Islander culture and lore;

Short-term/ inadequate resourcing, support and evaluation for innovative community led programs;

Lack of infrastructure and communication across police, justice, corrections and communities; and

Not involving A&TSI people in deciding and implementing programs.

 

More specifically numerous stories were told of:

 

Aboriginal and Torres Strait people (particularly young people) being targeted by the police e.g. in parks and malls;

Police stereotyping e.g. Elders being tailed in their cars – they know that the police are checking their registrations;

Relatively minor charges often escalate into more serious charges because of the manner in which the situation is handled by the police and the lack of good will between police and Aboriginal and Torres Strait Islander people;

Some community members feel that police need only the tiniest reason to shoot them;

New police officers assigned to a town upset everyone

The recording of convictions – even when they are being diverted – labels young people for life and often prevents future career options e.g. in the justice system.

 

Palm Island death in custody in 2004 and subsequent events.

 

Terms of Reference

(d) to standardise the way the powers and responsibilities of police officers are to be exercised;

(e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;

 

Evidence given at the successive Inquest sessions have shown the way in which the police regulations re treatment of a death in custody were ignored and even covered up by a succession of police officers. This was presumably very soon known to senior police officers, and at Commissioner level.

 

The apparent inaction of the Commissioner and his team when such misconduct occurred was, and is, a continuing source of mistrust and anger both in the Aboriginal and Torres Strait Islander communities and also amongst those in the wider community who want an impartial, well-disciplined police force.

 

Similarly, some of the actions of the Emergency Response Team on Palm Island in November 2004, have been strongly censured by the CMC and by many members of the legal profession and of human rights groups. The Commissioner not only rejected any of these concerns, he chose to give bravery medals to many of the police involved, in a very public manner and on a totally inappropriate day.

 

Acknowledgement of the wrongs involved in this ongoing tragedy and a public and truthful decision not to allow them to happen again, is essential if trust is to be restored between the Qld Police Service and Aboriginal and Torres Strait Islander communities and even the wider non-Indigenous community.

 

It is also essential if the desire to “ standardise the way the powers and responsibilities of police officers are to be exercised; “ is to be properly implemented to all people throughout Queensland.

 

Police Cultural Awareness Unit

 

As part of Project 10%, ANTaR members met, with the Police Cultural Awareness Unit earlier this year.  Whilst the commitment of this team is to be admired, they are very under-resourced.

 

Police officers throughout Queensland are likely to encounter members of the Aboriginal and Torres Strait Islander communities. They need to have a real understanding of possible language difficulties, of frequent hearing loss – which leads also to speech difficulties, of cultural differences in body language and of the widespread lack of trust in police officers.

 

Those wonderful police officers who do have this understanding are often able to resolve many of the problems that occur without proceeding to actions which lead to criminalisation of the person involved.

 

The problems with police relations are entrenched and any attempts to address the problems require a significant commitment from the Academy training to life-long training whilst in the Police Service.

 

We support the notion of appointing a high ranking police officer, ie Assistant Commissioner, to oversee and be accountable for implementation of improved policing practices in remote Indigenous communities. Such an appointment needs to be part of a whole of government, bipartisan approach to reducing Indigenous imprisonment, such as Justice Reinvestment.

 

Recommendations

 

Project 10% has identified 5 points of contact at which changes could be made to reduce imprisonment rates including

At Risk

Police Contact

Sentencing and Remand

Custody and Rehabilitation

Post Release Transition and Support

 

The following recommendations relate to police:

 

For At risk groups, especially children and juveniles -  

Involve Aboriginal and Torres Strait Islander Elders and groups in crime prevention

support and encourage locally initiated and led crime prevention groups;

empower individuals and communities to develop a strong social fabric

make information on laws and the justice system accessible to Aboriginals and Torres Strait Islanders;

 

Police contact  with Aboriginal men, women and children-  

influence police culture to respect citizenship rights and develop positive communities; 

deliver regular cross-cultural training for police and involve Aboriginal and Torres Strait Islander community leaders;

know how to recognise people with mental health problems who come into contact with the Justice system and interact appropriately with them

police should be adequately trained to avoid exacerbating situations so that minor offences do not escalate:  for example the arrests of Danny Yok in 1993 and Cameron Doomadgee in 2004 arose from initial minor offences.

involve Police Liaison Officers in finding alternatives to arrests of Aboriginal and Torres Strait Islander people

consult with Elders and relevant services on how to strengthen the PLO system and then act on their recommendations

 

Remand and sentencing –

reduce numbers of those incarcerated while on remand by not opposing bail unless there are compelling reasons

ensure that bail conditions can be met, eg that transport options exist for the reporting conditions to be met and the programs that they are ordered to attend are available, affordable and accessible

address sentencing disparity and increase sentencing options (these are matters for consideration by the Police Prosecutors).

 

In addition we recommend:

the Police work hard on rebuilding trust and respect with Aboriginal and Torres Strait Islander communities. Symbols can play some part – such as flying the Aboriginal and Torres Strait Islander flags at police stations during Reconciliation Week and NAIDOC week – if acceptable to the Aboriginal and Torres Strait Islander communities

ensure Police have positive contact with the local Aboriginal and/or Torres Strait Islander communities –. sharing sporting, recreational and cultural activities can support the essential development of personal relationships

Recruit and support more Aboriginal and Torres Strait Islander people into the  police. Show their culture is valued eg by including appropriate dancers, singers or musicians at police graduation and other relevant ceremonies.

police must use arrests only when there are no viable alternatives. Police stations should have to report monthly on how many Aboriginal and Torres Strait Islander arrests they have made and justify why other approaches were not adopted. 

police should notify and consult with appropriate Aboriginal and Torres Strait Islander organisations whenever an Aboriginal or Torres Strait Islander  person is arrested – particularly for young people, or people with family responsibilities.

senior police should spend more time with Aboriginal and Torres Strait Islander communities, both in the urban, rural and remote areas

All Police should be made aware of the intergenerational fear that many Aboriginal and Torres Strait Islander people have of police officers. 

We support the CMC recommendation of a new police structure to focus on creating partnerships with Aboriginal and Torres Strait Islander communities.

Children and young people in care should be entitled to the same level of family and legal support if reported for misconduct by foster carers, and not referred to police but to the Department of Child Safety.

There should be more Aboriginal and Torres Strait Islander input into the training of police officers – from the Academy onwards.

 

Submission Prepared by members of the ANTaR Qld Project 10% Working Group for the 2010 Review of the Police Powers and Resposnisbilities Act

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