This is a day set aside in a Magistrates Court to sentence adult Aboriginal offenders. In Port Adelaide, where an Aboriginal Court Day has been operating since June 1999, the local community has called it the Nunga Court.

• Aboriginal Court deals only with Aboriginal people who plead guilty to an offence.
• The magistrate sits off the bench, more at eye-level with the offender.
• An Aboriginal justice officer or a senior Aboriginal person attends to advise on cultural and community matters.
• The offender sits at the bar table with his/her lawyer and may have a relative sitting with him/her.
• Once the prosecutor and the defence counsel have had their say, the offender, the family and community members, or the victim (if present), have a chance to speak to the magistrate. The magistrate may ask them questions to help him/her in the sentencing process.
• Family and community members are encouraged to attend.
• Aboriginal justice officers and an Aboriginal court orderly work in the court. They can help the offender, his/her family and members of Aboriginal community if they have queries about the court process or outcomes, for example, payment of fines, conditions of bonds.

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Aboriginal Court Day began as an idea by magistrate Chris Vass (retired), an active member of the Judicial Aboriginal Cultural Awareness Program and manager of the northern court circuits, which include the Anungu Pitjantjatjara lands.

He discussed the idea with other magistrates and Aboriginal groups, State government agencies, the Aboriginal Legal Rights Movement, police prosecutors, lawyers and Aboriginal people.

An Aboriginal Court Day was seen as a way to better serve the needs of the community and to make courts less culturally alienating to Aboriginal people.

At Port Adelaide, the attendance rate for Aboriginal people to the Nunga Court has been over 80%. This is higher than normal. The attendance for Aboriginal people in other courts tends to be below 50%.

The State Courts Administration Council is committed to extending the Aboriginal Court Day model to other areas where Aboriginal people are strongly represented. An Aboriginal Court Day began at Murray Bridge in 2001, Port Augusta in 2002 and in Ceduna in 2003.

If you would like more information about Aboriginal Court Day, please call the Courts Administration Authority Communications Branch on phone 8204 0403 or Aboriginal justice officers located at Port Adelaide Magistrates Court on phone 8207 6270; 8207 6271 or 8204 8438.

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