Aboriginal people and the law - Legal Information Access Centre

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52 The Law Handbook• Adoption is a last resort (standard 7). In • Certain rules should apply when Aborigi-NSW, families where at least one partner nal children come into contact with theis Aboriginal are preferred where an juvenile justice system (standard 8).Aboriginal child is to be adopted. Areport by the NSW Law Reform Commis- For details of the recommended rules, see Bringing Themsion on adoption legislation recognises Home, available from the Australian Human Rightsthat adoption is at variance with Aborigi-Commission.nal customary law and that Aboriginalchildren should not be adopted unlessthere is clearly no other choice.[2.240] Indigenous women and the lawIt is often assumed that Indigenous women’slegal issues are the same as those ofIndigenous men. This is not the case, particularlyin the areas of domestic violenceand family law.Previous Indigenous service providershave resourced the perpetrator, leaving thevictim without adequate representation andsupport. Major Indigenous service providerssuch as Aboriginal Legal Services are nowaddressing policies and practices which hadfailed to take account of Indigenous women’slegal needs. Governments and funders,too, are just beginning to recognise the needfor gender specific services for Indigenouswomen. However, in light of the currentgovernment funding cuts to such servicestherefore reducing specialist services, it isessential there is adequate, ongoing andsustainable funding for culturally safeservices. Indigenous women are often thebackbone of their families and communities,and they may experience extreme levels ofviolence. Their legal needs are different inmany respects.[2.250] Indigenous womenand violenceUntil recently, domestic violence was asubject on which Indigenous women wereeffectively silenced, both in their own communityand outside it. Domestic violence israrely reported in Indigenous communities,although the reporting rate is increasing.Indigenous women may often bear theheavy responsibility of protecting their partnersor family members from police andlegal structures, that may have historicallyoperated unresponsively, inaccessibly andprejudicially within their communities.Barriers faced by Indigenous womenWhile Indigenous women in violent relationshipsshare some of the needs of otherwomen in this situation (whether they livein urban, rural or isolated areas), they faceadditional barriers in the form of culturallyinappropriate services and limited resourcesand funding dedicated to their problems.While access to information and services isvital, most services available to victims ofdomestic violence are non-Indigenousservices. This creates physical, cultural and,in some cases, language barriers for Indigenouswomen.Why violence is not reportedIndigenous women may be reluctant to goto police or court services because of previousunsympathetic or destructive experienceswith these institutions. There is anadditional fear, as the report of the RoyalCommission into Aboriginal Deaths in Custodypoints out, to the effect that “if yourman flogs you and you call the police andthey take him away, he might die in jail orthe police might kill him. Do you want thaton your conscience?”
2 Aboriginal people and the law 53This fear is a major contributing factor innot reporting domestic violence. It continuesto place the responsibility for the violenceon women.Communicating with policeThe lack of female Aboriginal CommunityLiaison Officers in key NSW police stationshas been consistently identified by Indigenouswomen as a factor in the underreportingof domestic violence and sexualassault. This is strictly “women’s business”,and for Indigenous women to talk to menabout such intimate and traumatic issues isboth embarrassing and shameful. Whilstthere are some (mostly non-Indigenous)female Domestic Violence liaison officersand police officers, the cultural barrier maystill remain.[2.260] Accessing the familylaw systemThe experience of the legal system for manyIndigenous women has been a negative,confusing and disempowering one. Manywomen choose not to engage with thefamily law system as they are concernedthat the Department of Family and CommunityServices will become involved and taketheir children away. However, using thefamily law system, including family disputeresolution and the courts, can be a usefulway to take positive steps to make safearrangements for children without Familyand Community Services involvement. Culturallyappropriate services are crucial toenable this.The ability of Indigenous women to accessthe legal system without professional andongoing holistic support is limited. SomeIndigenous women have had violence inflictedon them by more than oneperpetrator, as children and adults. Thesewomen are particularly vulnerable andmany have moderate to severe posttraumaticstress and associated psychologicalconditions of varying degrees (egdepression, severe anxiety, personalitydisorders). Indigenous women may also bedisadvantaged by generally having low literacylevels and having significant social,economic, geographic and culturaldisadvantage. Many women have otherfamily members experiencing similardisadvantage, as well as also being victimsof sexual assault and/or family violence.Family dispute resolution (FDR) servicesare located in large regional centres, howeverthey are not in most small towns noranywhere close to many Aboriginalcommunities. The lack of private and publictransport and costs of travel and accommodationmean attending these services isdifficult. FDR services are very much mainstreamservices which are focused on thenuclear family model and non-Indigenousfamily raising practices.The family law courts have developed aReconciliation Action Plan as part of astrategy to make the courts more accessible.Access to informationGiven the levels of domestic violence andsexual assault Indigenous womenexperience, information about the VictimsSupport Scheme is also essential. Relativelyfew Indigenous women are aware of thisscheme and their right to apply for counsellingand financial assistance as victims ofviolent crime. Victims Services has an AboriginalContact Line 1800 019 123.See also chapter 42, Victims Support and chapter 21,Domestic violence.[2.270] Legal services forIndigenous womenWirringa Baiya Aboriginal Women’s LegalCentre was established in 1996 and is inMarrickville in Sydney. Wirringa Baiyameans black women speak. It providestelephone advice about domestic violence,sexual assault, care and protection andcustody matters. It can provide legal representationor refer women to otherrepresentation.Women’s Legal Services, a mainstreamservice provider, established an IndigenousWomen’s Legal Program in 1997. It providesa state-wide service including a “1800”advice line for family and civil matters,
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