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Legislative Assembly for the ACT: 2000 Week 2 Hansard (1 March) . . Page.. 420 ..


MS TUCKER (continuing):

Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care, detained, imprisoned or otherwise.

Recommendation 92:

That governments which have not already done so should legislate to enforce the principle that imprisonment should be utilized only as a sanction of last resort.

Recommendation 104:

That in the case of discrete or remote communities sentencing authorities consult with Aboriginal communities and organizations as to the general range of sentences which the community considers appropriate for offences committed within the communities by members of those communities and, further, that subject to preserving the civil and legal rights of offenders and victims such consultation should in appropriate circumstances relate to sentences in individual cases.

Recommendation 109:

That State and Territory Governments examine the range of non-custodial sentencing options available in each jurisdiction with a view to ensuring that an appropriate range of such options is available.

The ACT Government's submission ignores these. states rights are more important. The question that has to be asked here is: What value was the royal commission as a nationally agreed set of steps towards addressing deaths in custody? How is the indigenous community to have faith in our sincerity or commitment if we can so easily slip away when the politics of the day are not favourable? How could we possibly expect anything other than cynicism and anger from the community, both white and indigenous?

The third point of my motion is the reconciliation process. We have had so many claims, so many press releases, from this Government and from the Federal Government about commitment to reconciliation with indigenous people, although I noticed yesterday that the Prime Minister is thinking it might be a bit difficult to achieve in the near future. Yes, Prime Minister, you seem to be working pretty damn hard to set it back. If you do not think incarcerating a hungry indigenous child for taking biscuits and cordial on Christmas Day is inconsistent with a proclaimed desire to reconcile, if you do not think incarcerating a child for taking textas and paints, a child who subsequently took his life after punishment in detention, is inconsistent with a proclaimed desire to reconcile, if you do not think sentencing a 24-year-old indigenous mother to 14 days' prison for receiving a stolen $2.50 can of beer is inconsistent with reconciliation, then we do have to wonder what you think reconciliation means.


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