Integrating Indigenous justice into alternative dispute resolution practices : a case study of the Aboriginal Care Circle Pilot Program in Nowra

Description

This paper considers the Aboriginal Care Circle Pilot Program (Care Circle pilot) in Nowra as a ‘culturally appropriate’ step within the court process for deciding Aboriginal child protection care matters. The Care Circle pilot was established using the alternative dispute resolution provisions under the Children and Young Persons (Care and Protection) Act 1998 (NSW) and aims to reduce barriers between Aboriginal people and the courts by facilitating Aboriginal people’s participation in child protection decision-making. The paper analyses a small sample of qualitative in-depth interviews and discussion circles with key stakeholders involved in the Care Circle pilot in Nowra in late 2011. The article provides a brief review of the literature on modified culturally appropriate models and Indigenous models of dispute resolution within the mainstream legal systems. Background information on the Care Circle pilot is presented followed by discussion of the research findings. Despite criticisms, the Care Circle pilot is found to be a positive initiative, and is clearly an improvement on the adversarial system. There is, however, need for greater involvement of Aboriginal Elders in the decision-making process and for magistrates and Community services to relinquish their power and draw on the knowledge, wisdom and expertise of local Aboriginal Elders.

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The copyright for this resource belongs to the Indigenous Law Centre, University of NSW. Inquiries about using or reproducing this resource should be directed to the publisher.