Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Link to this | Hansard source

Yesterday Senator Bartlett asked in a supplementary question whether I could ascertain whether Minister Brough would table in the Senate any letter of invitation that has been sent to participants in the latest summit on Indigenous violence and a copy of the proposed agenda. That matter has been raised with Minister Brough and he is happy to have those papers tabled in the Senate. I seek leave to incorporate the papers in Hansard.

Leave granted.

The documents read as follows—

On 22 May 2006 the Acting Prime Minister wrote to you inviting you or your Ministerial representative to an Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities.

The Summit will be held on Monday 26 June 2006 at Room 1R3 Parliament House Canberra, commencing at 10.00 am and finishing at 4.00 pm. I have attached a draft agenda for your information.

The Australian Government will be represented by me, as Chair, the Attorney-General, the Hon Philip Ruddock MP, and the Minister for Justice and Customs, Senator the Hon Chris Ellison.

All jurisdictions have been making efforts for some time to address Indigenous family violence and child abuse. In particular, I note the considerable national effort made under the National Framework for Preventing Family Violence and Child Abuse in Indigenous Communities. I believe that we now need to further demonstrate our collective leadership on this issue.

The Summit will focus on practical measures that will improve safety for Indigenous Australians particularly women and children. While there are many contributing factors to violence and abuse this Summit will aim to tackle the threshold question of safety, law and order.

There are three areas in particular which would benefit from a cooperative, multi-lateral approach.

• First, the operation of the law enforcement and criminal justice systems in Indigenous communities. Indigenous people, like all Australians, should be able to rely on the protection of the law, regardless of where they live. These aims are not met when family violence matters are not dealt with as criminal matters. Many incidents of violence and abuse go unreported. Those who do report such incidents are often subject to intimidation or retribution. Adequate and active policing is essential, noting that the Commonwealth is also keen to explore what supplementary supports it can make in parallel with increased State level enforcement in affected communities. There is the additional but related issue that offenders who have been removed from the community because of the serious nature of their alleged offence are able to return before their cases have. been substantively dealt with by the courts, with the attendant risk that provides for “pay back”, the very perception of which could deter victims from reporting,
• Secondly, the application of customary law within the criminal justice system. It is incumbent upon governments to ensure that the punishment for violent and abuse related offences reflect the seriousness of such crimes. It is evident that some Indigenous perpetrators are raising customary law to avoid proper punishment for criminal offences. This has helped to build a false perception that such behaviour is somehow ‘culturally justified.’ Provisions vary across jurisdictions, but the Commonwealth takes the view that people ought not be able to use cultural practice as a mitigating factor for violent and sexual crimes
• Thirdly, direct measures to enforce compulsory school attendance. This objective assists in breaking longer term impacts of non school attendance like unemployment because of illiteracy, as well as reducing incidental crime that results from school aged children wandering at large and reducing the opportunity for younger children being influenced by young offenders.

The Prime Minister intends that concrete outcomes from the Summit are to be listed for consideration at the next COAG meeting in July 2006. I am confident that together our governments can develop law and justice initiatives and complementary measures that will make substantial improvements to safety in Indigenous communities. I look forward to working with you on such a significant issue.

Summit on Violence and Child Abuse in Indigenous Communities

10.00am-4.00pm, Monday 26 June 2006

Parliament House

Room 1R3

DRAFT AGENDA

10:00 am—Welcome and Introductory remarks

Operation of Law Enforcement—Criminal Justice Systems and reporting in Indigenous communities

12:30 -1:00—LUNCH

Application of Customary Law within Criminal Justice proceedings

Complementary measures

(including enforcing school attendance)

Outcomes for consideration by COAG

4:00 pm—CLOSE