Difficulties Faced First Nations people

Overview 

 The civil justice system is made up of different methods, institutions, personnel and processes.

 For many members of the public, the civil justice system can be confusing, overwhelming and, for many, expensive.

 Some groups of people may face more difficulties or issues than others.

 They include people with mental health issues, people with disability, recently arrived migrants, and elderly people. They also include:

◦First Nations people

◦People of low socioeconomic status

◦Young people

◦People in regional, rural and remote areas

First Nations People 

 2021 ABS statistics:

◦66,000 people in Victoria identified as Aboriginal and/or Torres Strait Islander

◦Representing 1% of Victoria’s population.

 In VIC, it is estimated there are 39 Aboriginal and Torres Strait Islander languages and 11 language families.

 Most common language spoken = Yorta Yorta (as per ABS 2021 census)

 It is estimated that 80 per cent of First Nations people in Australia use Aboriginal English as their first language.

◦Grammar, pronunciation and some words differ to Australian English

Distrust in the Justice System 

 Some First Nations people distrust the justice system or may not be prepared to engage with it.

 Issues experienced include:

◦A denial of rights

◦Unfair policies and practices

◦Cultural violations

◦Exclusion from economic, political and social life.

 This may result in an ongoing distrust and lack of confidence in the justice system.

 Some suffer from intergenerational trauma linked with the justice system.

 This has meant that some First Nations people do not view the courts or tribunals as a safe place.

 This may result in legal problems remaining unresolved, and people may be left without a resolution or remedy.

Language Differences 

 First Nations people may also use different methods of communication. For example:

◦First Nations people convey respect in different ways, such as referring to their elders or older people they respect as ‘Aunty’ or ‘Uncle’ (including those they have not met)

◦Listeners have the right to ignore who is speaking, silence is valued, and some may not use eye contact (which some regard as threatening).

◦Some First Nations people may prefer to explain what happened through storytelling rather than in response to direct questioning.

◦Generally, not appropriate to refer to people who have passed away or show their phot, as this can be distressing.

 Can be an issue if judges or magistrates are not culturally trained.

 May also be an issue if lawyers themselves do not understand what their clients are saying.

Cultural Differences 

 e civil justice system may clash with customary law in terms of how issues are resolved, and what the outcomes may be.

 Some may view the civil justice system rules and processes as rigid and inflexible.

 In addition, cultural differences may not be factored in. For example:

◦Aboriginal Elders are highly respected people within First Nations communities and play an important role in maintenance of culture and traditions. They also demonstrate leadership and skills in resolving conflicts.

◦First Nations people have strong family and kinship ties, meaning that passings or illness in the family are of utmost priority, and nurturing of family and family networks is considered fundamental.

◦First Nations people have a strong connection to the land and a strong respect for spirituality.

 If these differences are not understood, First Nations people may feel misunderstood, uncomfortable, resentful, scared or intimidated. They may be discouraged from accessing the system.

Addressing Difficulties - #1 

 There is dedicated funding for Aboriginal legal aid to ensure that there are appropriate legal services available.

 Victorian Aboriginal Legal Service (VALS) = government funded legal service that provides First Nations people with legal services, such as legal advice for family, civil and criminal issues.

 However, VALS has indicated that its funding has not been able to keep up with the demand.

Addressing Difficulties - #2 

 Courts and tribunals provide personnel with ongoing competence training, informed and led by First Nations people.

 Ensures First Nations people can engage with the justice system and feel comfortable to do so.

 Training forms part of a larger plan by the courts and VCAT to demonstrate their commitment to an inclusive environment for First Nations people.

Addressing Difficulties - #3 

 VCAT has actively taken steps to make its tribunal more accessible to First Nations people.

 For example:

◦It has increased the number of Koori staff at VCAT

◦Has a Koori Support Team

◦Has made changes to some VCAT venues to include a Koori Hearing Room to hear claims.

 The Koori Hearing Room has been ‘smoked’

 It has Aboriginal flags, artwork and possum-skin cloaks, and is a place where First Nations people can feel more comfortable.