The Nunga Court bench book provides an overview the legislation, rules and practices of the Nunga Courts. It briefly outlines the development of the Nunga Courts and other Aboriginal Courts in Australia since 1999. It’s main aim is to explain how the Nunga Courts work and who is eligible to be sentenced in them.

The Nunga Courts at Port Adelaide and Murray Bridge Magistrates Courts are, respectively, the oldest and second oldest specialist courts for sentencing Aboriginal people in Australia. Port Adelaide Nunga Court commenced on 1 June 1999, while Murray Bridge Nunga Court was established in January 2001.

The Elizabeth Aboriginal Community Court commenced in April 2017, followed by the Adelaide Aboriginal Community Court in August 2019. The Maitland Nunga Court commenced in 2021, while the Port Lincoln Nunga Court opened in August 2023. The Yalata Nunga Court opened in March 2013. Recently, the new Spinifex Court commenced at the Port Augusta Magistrates Court in December 2025.

The Nunga Court incorporates Aboriginal community participation in the court process. It seeks to achieve this through the involvement of Elders or Respected Persons from the Aboriginal community in the sentencing process. Aboriginal Justice Officers are also present in court and help arrange each Nunga Court day.

The Nunga Court respects Aboriginal culture and seeks to make the court environment more culturally appropriate for Aboriginal people. Court processes are less formal than in a regular criminal court and legal jargon is avoided. Plain language is used so everyone in court can understand and participate fully in the sentencing discussion.

In the Nunga Courts Elders or Respected Persons sit with the Magistrate, where possible, at the bar table on the same level as the defendant, defence lawyer and prosecutor. The Elders and Respected Persons may give background information and cultural advice to the Magistrate concerning the defendant’s circumstances, or their family and community. The Elders and Respected Persons will often talk to the defendant about their offending and future plans. After the sentencing discussion, the Magistrate makes the sentencing decision.

The Nunga Courts are sentencing courts for Aboriginal or Torres Strait Islander people who are pleading guilty to charges that can be dealt with in the Magistrates Court. The guidelines and procedure for determining eligibility are explained in the Nunga Court Bench Book.

The Nunga Court Bench Book provides information on:

  • Background information on the Nunga Courts and other Aboriginal Courts in Australia
  • Legislation and case law
  • Nunga Court procedure
  • Eligibility criteria
  • Listing practices
  • The roles of each participant
  • Further reading on the Nunga Courts and other Aboriginal Courts.
Icon
FileAction
Nunga Courts Bench Book.pdfDownload