This information provides an overview of the Aboriginal justice initiatives occurring within the Courts Administration Authority (CAA) under the banner of Aboriginal Programs. These initiatives started in 1993, with Aboriginal Cultural Awareness Training, and notably the appointment of three Aboriginal Justice Officers (AJOs) in 1998 (currently six in 2023).
The first Aboriginal Sentencing Court in Australia (the ‘Nunga Court’) began operation at Port Adelaide Magistrates Court in June 1999, with the first regional Aboriginal Sentencing Court commencing at Murray Bridge Nunga Court in January 2001. The aim of the Aboriginal Sentencing Courts is to provide a more culturally appropriate sentencing process through the involvement of Elders, Respected Persons, and Aboriginal Justice Officers.
The Aboriginal Sentencing Courts (including the Nunga Court) have expanded into other locations (intrastate and interstate). The Nunga Court influenced the development of Aboriginal Sentencing Conferences, introduced in 2005 under the Criminal Law Sentencing Act 1988. The Aboriginal Sentencing Conferences are now conducted under the Sentencing Act 2017, providing for Aboriginal Sentencing Conferences in all mainstream criminal courts (adult and youth) in South Australia.
In 2023 the Magistrates Court (Nunga Court) Amendment Act 2022 came into operation providing a legislative basis for the Nunga Courts and other Aboriginal Sentencing Courts in South Australia. The legislation relates to eligible adults who may be sentenced in the Magistrates Court. It establishes a Nunga Court Division within the magistrates’ courts criminal division, and provides a framework for the courts’ jurisdiction, aims, the involvement of court Elders and Respected Persons, a defendant’s eligibility, and a more informal sentencing process. Sentencing by a court in the Nunga Court Division, as in any other criminal court in South Australia, takes place under the provisions of the Sentencing Act 2017.
The CAA operates Aboriginal Sentencing Courts in Adelaide, Elizabeth, Port Adelaide, Murray Bridge and Maitland. Defendants may be referred from a general court to an Aboriginal Sentencing Court for sentencing if the person meets the court’s eligibility criteria. The Aboriginal Sentencing Courts at Adelaide and Elizabeth also incorporate programs designed to address defendants’ offending-related issues (see Aboriginal Community Courts).
The Courts Administration Authority employs six Aboriginal Justice Officers working across a range of locations and courts. They are based at:
- Adelaide
- Elizabeth
- Port Adelaide
- Port Augusta
As well as their base courts, AJOs service the following courts in regional and remote areas:
Regional: Murray Bridge, Port Lincoln, Ceduna, Coober Pedy, Whyalla, Port Pirie, Leigh Creek, Kadina, Maitland
Remote: Anangu Pitjantjatjara Yankunytjatjara Lands (APY) and Yalata.
Their role includes:
- Providing advice and assistance to Aboriginal court users about court procedures and court applications
- Assisting Aboriginal court users to understand court outcomes
- Providing Justice of the Peace services to Aboriginal court users
- Assisting with Aboriginal Sentencing Courts and Conferences
- Supporting victims
- Providing advice to Judicial Officers and CAA staff regarding Aboriginal culture and communities
- Recruiting, training, and supporting Elders and Respected Persons to assist with Aboriginal Courts and Conferences
- Delivering community education about CAA Aboriginal Programs and CAA employment and the role of AJOs
In addition to the work of Aboriginal Sentencing Courts and Conferences, Aboriginal Programs also provides support for Aboriginal Cultural Awareness Training, cultural events within the CAA, Aboriginal staff within the CAA and other internal and external committees relating to Aboriginal people in the criminal justice system in South Australia.
Youth Aboriginal Justice Officers (YAJO) are situated in the Youth Court Registry. The YAJOs are responsible for the development, delivery, monitoring and review of culturally sensitive services to Aboriginal youth, families and the Aboriginal Community.
Aboriginal Sentencing Conferences are available pursuant to Section 22 of the Sentencing Act 2017 in all criminal jurisdictions.
Before sentencing an Aboriginal or Torres Strait Islander defendant, any criminal court can convene a sentencing conference and take into considerations view expressed at the conference. To view the legislation please click here.
Aboriginal Sentencing Conferences are conducted in a court room around a bar table, in attendance are the Judicial Officer, Court Elders and or Court Respected Persons, Defendant, Lawyer, Prosecution and the AJO. The defendant’s family are invited to attend, victims attend if they choose too and if required victims support can be arranged through prosecution. Support agencies are invited to attend.
Once the conference is approved the AJO conducts an assessment with the defendant to arrange the appropriate people to attend. The conference allows all parties to speak and share information in culturally appropriate forum. Court Elders and Court Respected Persons provide cultural and community advice to the court and defendant. The conference allows the defendant to face their victims, apologies for their actions and better understand the harm caused by their offending behaviour, victims can explain the impact the crime has had on them. Support agencies are invited by the AJO to address the reasons behind the offending behaviour, they attend to advise the court and defendant of the support they can offer.
If you wish to transfer your matter to an Aboriginal Sentencing Conference, speak with your lawyer or contact an AJO who can advise of the process.
The first Aboriginal Sentencing Court in Australia (Nunga Court) began operation at Port Adelaide Magistrates Court in 1999, with the first regional Aboriginal Sentencing Court commencing at Murray Bridge Magistrates Court in January 2001. The aim of the Aboriginal Sentencing Courts is to provide a more culturally appropriate sentencing process through the involvement of Elders, Respected Persons, and Aboriginal Justice Officers.
The CAA operates Aboriginal Sentencing Courts in Adelaide, Elizabeth, Port Adelaide, Murray Bridge and Maitland. Defendants may be referred from a general court to an Aboriginal Sentencing Court for sentencing if the person meets the court’s eligibility criteria.
Nunga Court – Port Adelaide
- Operates three Tuesdays per month.
- Defendant pleads guilty to a summary or minor indictable offence that can be finalised in the Magistrates Court.
- Sentencing only.
- Charges that relate to the Port Adelaide Magistrates Court area; or in the following circumstances – the defendant either lives in or has a continuing connection with the Aboriginal community in the area serviced by the Port Adelaide Magistrates (Nunga) Court, or when a defendant consolidates guilty plea files from another court with files listed for sentencing in Port Adelaide Nunga Court.
- Elders and Respected Persons are present and sit with the Magistrate.
- Less formality – an opportunity for the defendant to speak directly to the Magistrate.
- Family members are encouraged to attend and speak directly to the Magistrate.
- Support agencies are encouraged to attend.
Major Indictable Nunga Court – Port Adelaide
- Operates on Mondays six times per year
- Defendant pleads guilty to a major indictable offence that defence and prosecution consent to be finalised in the Magistrates Court.
- Sentencing only.
- Elders and Respected Persons are present and sit with the Magistrate.
- Less formality – an opportunity for the defendant to speak directly to the Magistrate.
- Family members are encouraged to attend and speak directly to the Magistrate.
- Support agencies are encouraged to attend.
Nunga Court – Murray Bridge
- Operates 8 times a year
- Defendant pleads guilty to an offence that can be finalised in the Magistrates Court.
- Sentencing only.
- Charges relate to the Murray Bridge Magistrates’ Court area; or in the following circumstances – the defendant either lives in or has a continuing connection with the Aboriginal community in the area serviced by the Murray Bridge Magistrates (Nunga) Court, or when a defendant consolidates guilty plea files from another court with files listed for sentencing in the Murray Bridge Nunga Court.
- Elders and Respected Persons are present and sit with the Magistrate.
- Less formality – opportunity for the defendant to speak directly to the Magistrate.
- Family members are encouraged to attend and speak directly to the Magistrate.
- Support agencies are encouraged to attend.
If you wish to transfer your matter to an Aboriginal Sentencing Court, speak with your lawyer or contact an AJO who can advise of the process.
The Aboriginal Community Court provides a culturally appropriate forum for Aboriginal defendants to undertake an intervention program. The courts promote an alternative to detention for Aboriginal defendants with mental health and behavioural problems such as substance dependence.
A Senior Case Manager will help to access the services needed and recommend the most appropriate, defendants can then elect which services they feel most culturally appropriate attending.
Aboriginal Community Court at Elizabeth (ACCE) – commenced April 2017
- Operates every month.
- Operated through the Elizabeth Magistrates Court for criminal charges that can be finalised in the Magistrates Court.
- Defendant agrees to participate and engage in treatment to address issues that bring them before the courts. Issues may include illicit substance dependence, alcohol dependence, and/or mental health/mental impairment issues that are related to their offending behaviour.
- Court Elders and or Court Respected Persons are present – sit with the Magistrate.
- Defendants attend court to review progress whilst engaging in treatment.
- Defendants are supported by a Senior Case Manager through the Treatment Intervention Program.
- AJO assists the defendant and their families with information about the court processes such as bail conditions, fines and referral to Court Programs.
Aboriginal Community Court Adelaide (ACCA) – commenced August 2019
- Operates every fortnight.
- Operated through the Adelaide Magistrates Court for criminal charges that can be finalised in the Magistrates Court.
- Defendants agree to participate and engage in treatment to address issues that bring them before the courts. Issues may include illicit substance dependence, alcohol dependence, and/or mental health/mental impairment issues that are related to their offending behaviour.
- Defendants may have matters sentenced without undertaking a program.
- Court Elders and or Court Respected Persons are present – sit with the Magistrate.
- AJO assists the defendant and their families with information about the court processes such as bail conditions and fines.
To be eligible to appear in an Aboriginal Community Court the defendant must:
- Be facing criminal charges that can be finalised in the Magistrates Court.
- Plead guilty to the charges.
- Be recognised as being of Aboriginal descent, by the respected Aboriginal community members who sit on the court.
- There are no geographic restrictions on referrals to the Aboriginal Community Court at Adelaide, but to be referred to the Aboriginal Community Court at Elizabeth, the person must live in the northern suburbs of Adelaide.
A Referral can be requested by the defendant’s legal representative when the defendant first appears in the general criminal list or if the defendant is unrepresented, they may directly request a referral. Speak with your lawyer or contact an AJO who can advise of the process.
- Judicial Committee chaired by a Supreme Court Justice Officer.
- Members from Supreme Court, District Court, Coroners Court, Federal Court and Magistrates Court.
- Raises Aboriginal cultural awareness amongst Judicial Officers through presentations, workshops and community visits.
Provided by an external service provider.