prepared S c h n i ere r S t e p han Gungil Jindibah Centre Southern Cross University Lismore,.S.W. .-.

Transcription

1 prepared by S t e p han Gary Warwick S c h n i ere r artin Fisher Gungil Jindibah Centre Southern Cross University Lismore,.S.W L

2 Lyons (1984) and Herps (1992) emphasised the importance of Aboriginal field officers in increasing Aboriginal people's access to legal representation and legal information. To provide the necessary legal training for these field officers programmes have been developed over the years, however few if any are currently operating (Williams, 1991). In 1982 for example, the University of New South Wales ran a successful legal training programme for field officers from the Aboriginal Legal Service (Terry, 1981, 1982). This programme folded because of lack of funds. Other innovative programmes have failed to secure funding, for example, 'The Paralegal Training Programme for Aboriginal Field Officers' with the Tharpuntoo Legal Service Aboriginal Corporation (Anon, 1989). The deficiency in available training for field officers was further emphasiscd by Elliot Johnston, QC who stated; 'It is very regrettable that after twenty years of existence there is still no adequate training program for field officers universally applied in ALS offices, although efforts are made in some places to provide training' (Johnston, 1991). In attempting to address this the Royal Commission into Aboriginal Deaths in Custody recommended that; '...suitable training courses to provide necessary administrative, political and management skills should be available for persons... engaged in Aboriginal organizations involved in the delivery of services to Aboriginal pcoplc and other Aboriginal community organisations. ' Reconimentiation 202 in part (Elliot et ul, 1991),. Southern Cross University Paralegal Programme In 1992 Aboriginal academics at the University of New England, Northern Rivcrs, now the Southern Cross University (SCU) instigated a process to dcvclop! a paralegal course for Aboriginal and Torres Strait Islander people. The Gungil Jindibah Centre and Faculty of Law and Criminal Justice worked together to develop an Aboriginal paralegal Programme. In this way Aboriginal perspectives and legal content were to be blended to produce a relevant and a c ad em i c a1 1 y ri go ro u s p ro gram me. The Gungil Jindibah Centre The Gungil Jindibah Centre (Centre for Aboriginal and 'Torres Strait Islander Education and Research) seeks to improve the educational outcomes for Aboriginal and Torres Strait Islander people in northern N.S.W. It is staffed

3 ...-_I Southern Cross University Structure of Academic Entities Vice Chancellor & Torres Strait Islander Education Aboriginal Advisory Committee Cornmun. & Computing Behavioural & Community Centre for Conservation Humanities & Humcan Sciences Figure 1. The Academic entities at the Southern Cross University in GENERAL PARALEGAL PROGRAMME In 1991 the SCU implemented a general paralegal programme called the Associate Diploma in Business (paralegal Studies). The development of this course was based on extensive research in the USA and Australia which indicated the need or people to be trained in law, but not at the Bachelor of Laws level. The need for paralegal training was re-emphasised at the National Legal Aid Conference held in Sydney in Initially the paralegal studies course was aimed at training people for employment in law firms at the sub-solicitor level. In 1992 the programme was modified and renamed the Associate Degree in Law (I aralcgal Studies). The

4 the Gungil Jindibah Centre. Other more specialist units were developed by both the Faculty and the Centre. Structure - The Associate Degree in Law (Aboriginal Paralegal Studies) has 12 core units,, two law electives and two general electives (Table 1). Two of the electives have to be selected from optional law units (Table 2). A student may then opt for two more law units or take units from another programme. Overview of Core Content * Aboriginal and Torres Strait Islander Studies, Traditional Societies covers customary law, economics, religion etc. Academic Study Skills introduces students to university study helping them to become active learners. Students learn how to find, extract, organise and reference relevant information from a variety of sources. They learn how to take notes, present talks, prepare and write assignments and study for exams. Legal Studies 1 provides an understanding of the Australian lcgal system, together with a knowledge of the classification of our laws and the role of the law-making process both legislative and judicial. Legal Research and Writing provides students with legal rcsearch and writing skills. It introduces students to a law library, and the skills necessary to usc and, apply law reports, statutes, and secondary sources. Aboriginal and Islander Studies I1 : Contemporary Perspectives focuses on the historical developments in Aboriginal society from the European invasion to 1 the present. It examines social, economic and political factors determining the life experiences of Aboriginal people today. Communications imparts skills in one to one and group communication, and techniques for successful inter-cultural communication. Students practise liskning to, and interviewing people, as well as how to impart information to others. Aboriginal and Islander Contemporary Legal Issues covcrs the history of the application of English law to Aboriginal and Islander societies over the last 205 years. Studcnts learn about legislations affecting Aboriginal and Islander

5 state and an undcrstanding of its complexities is cssential for those working in this field. Aboriginal and Islanders and the Criminal Justice System examines the history of the Australian criminal justice system and its impact on Aboriginal and Islander people. It focuses on the National Report on The Royal Commission into. Aboriginal Deaths in Custody and the Government responses. It covers processes in the criminal justice system, introduces concepts in dispute resolution, looks at alternative mechanisms, and the use of customary law when dealing with offenders Criminal Proccss deals with the principles of criminal law, and includes a discussion of the application of these principles in respect to major crimes. Emphasis is placed on domestic violence, summary offences and offences involving motor vehicles. Counselling Skills introduces students to basic counselling skills, looks at methods of dispute resolution, and covers negotiating and advocacy skills. Community Administration covers the skills required to manage and run a small organisation. It offers an undcrstanding of funding policies and their implerncntation as well as teaching skills in report and submission writing, conducting rncetings ctc. A d 111 i s s i on Re q u i r en1 e n t s The Associate Degree in Law (Aboriginal Paralegal Studies) can be completed in two years full-time or four years part-time study. Preference for admission is given to Aboriginal and Torres Islander people who have a background in one of the following areas: (i) (ii) (ii) Work experience (cg. as a Liaison Officer or a Legal Field Officer) Experience working in Aboriginal or Torres Strait Islander communities or organ i s at i ons. Education experiences (eg. H.S.C. or equivalent, completion of a tertiary preparation course) Teaching Implicit in the structure of thc course is that teaching is shared bctwccn the Faculty of Law and Criminal Justice and the Gungil Jindibah Centre. The law faculty teaches the law units and Aboriginal students combine with non- Aboriginal students for their lccturcs. The Gungil Jindibah Centre tcachcs the

6 The Aboriginal paralegal programme articulates with a one year foundation program (the Tertiary Bridging Certificate) and a variety of degree courses.prospective Aboriginal students may enter at a number of points with this system. Applicants with the requisite skills and satisfying the admission requirements could enter the Aboriginal paralegal programme directly. Applicants lacking the necessary skills to study at the Associate Degree level would need to do the TBC first. On completing the paralegal course students can opt to seek employment or do further studies. For example because of the articulation betwecn this and other awards by completing another 8 units they can obtain a Bachelors Degrcc in Arts or with another 12 units a Bachelors Degree in Social Sciences. All students who succcssfully complete the paralcgal program will be granted entrance into the Bachelor of Laws at the SCU. Current status The Aboriginal Paralegal Studies programme is in its second year and the 1993 intake of full-time students will finish at the end of the 1994 academic year. Of the eleven students who commenced five remain, four arc full-tinic students. The chief causes of attrition from the 1993 intake were the pressure of job comniitmcnts and ill health. The continuing students have achievcd outstanding results. Whilst studying alongside mainstream paralegal students they have consistently performed at a high Icvcl. One student obtained 3 High Distinctions and 3 Distinctions in 1993 and rcceivcd advanced standing in the two other units. All of thosc expecting to graduate at the completion of 1994 are seriously considering enroling in the LLB offered at the SCU in Some are also considering the Bachelor of Arts or Bachelor of Social Scicnces. All students have considered the Aboriginal Paralegal Studies course immensely challenging and satisfying. The 1994 intake of sixteen students has experienced surprisingly low attrition given the high number of school-lcavcrs from rural centres enrolled. In comparison the 1993 intake was mature-age and permanently rcsiding in the Lismore arca. Despite homesickness and an extremely demanding study p ro g r a mni e t h i rt e en s tu d en t s ex p e c t to s u c c e s s fu 1 1 y c om p 1 c t e t 11 e f i rs t s e m e s IC r.

7 at the way in which imposed legal systems have incorporated Aboriginal common law, to administer "justice" to Aboriginal people. For instance, in the Northern Territory the "payback" system has been taken into account in sentencing offenders. International Indigenous Legal Issues w When learning about Aboriginal Australians, students need to be given an insight into the experiences of other indigenous peoples and the legal systems which have been imposed upon them. This puts the Aboriginal Australian experience into its proper context, and widens the student's perspective of indigenous issues. This unit will be approached from the view that Australia is the last Western nation to recognise any Aboriginal rights to land. Jurisprudence is much more developed in many other countries so there can be much to learn from those experiences. It must be noted that court decisions made outside of Australia's jurisdiction, are not binding but are often scen as persuasive by our courts. For that reason, the focus is on the jurisprudence of Canada, the United States, New Zealand, South Africa, and Fiji, whose indigenous peoples have had experiences similar to Aboriginal and Torres Strait Islander peoples. This unit's prime focus will be the existence and application of indigenous Law as applied today. Also included will be the role of International Law and its relationship ' with Indigenous people. In particular the role of the United Nations and the International Court of Justice will be examined. Community Legal Education. The establishment of the Aboriginal legal services in the 1970s, was an important and essential step in seeking to achieve justice for Aboriginal people. Such centres provide represcntation to Aboriginal people when they come into contact with thc "justice" system., The role of para-legals in the ALSs and other community organisations, is to provide more than just represcntation in the court system. Similar to Aboriginal medical services' prevcntion programs, community legal education is essential in limiting our peoples' negative experiences with the "justice" system.

8 " -1 4 Johston, E (1991) Royal Commission into Aboriginal Deaths in Custody : National Report; Overview and Recommendations. AGPS Canberra Lavery, D. (1993). The participation of indigenous Australians in legal Education. National Conference on Aborigines and Torres Strait Islands People and Legal Studies. February 15th to 19th 1993, Cairns, sponsored by the Centre for Aboriginal and Torres Strait Islands Peoples Research Participation, Research and Development, James Cook University. Lyons, G. (1984) Aboriginal Legal Services. In 'Aborigines and the Law'. P. Falks and B. Keon-Cohen (eds) 1984 Chapter 6. Allen and Unwin Australia Pty Ltd. North Sydney Maughan, J. (1992) Paralegals potential actualised in the Legal Services Commission of South Australia. National Legal Aid Conference. Legal Aid:Legal Access February Sydney University. Munro, L and Jauncey, J. (1990) Keeping Aborigines out of prison: An overview. Conference Proceedings No. 11 pp Keeping People Out of Prison. S. McKillop (ed) Australian Institute of Criminology, Canberra. National Conference on Aborigines and Torres Strait Islands People and Legal Studies, February 15th to 19th 1993, Cairns, sponsored by the Centre for Aboriginal and Torres Strait Islands Peoples Research Participation, Research and Devcloprnent, James Cook University. National Legal Aid Conference. Legal Aid : Legal Access February Sydney University. Noone, M.A. (1992) The potential of paralegals. National Legal Aid Conference. Legal Aid: Legal Access February Sydney University. Terry, J. (1981) New Training Programme for Field Officers. Aboriginal Law Bulletin 2:9-10 Terry, J. (1982) Legal services staff training: A Report. Aboriginal Law Bulletin 6:4-5 Tharpuntoo Legal Service Aboriginal Corporation (1989). Submission for Funding Para-legal Training Program for Aboriginal field officers..