Page 2453 - Week 08 - Wednesday, 22 June 1994
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ATTORNEY-GENERAL
ACT LEGISLATIVE ASSEMBLY QUESTION
QUESTION NO 1313
Police Force - Aboriginal Crime-
MR CORNWELL: To ask the Attorney-General -
(1) Do the police have instructions to deal differently with crimes allegedly
committed by or complaints made against Aboriginals than would be the
case with other citizens.
(2) If so, how does the approach differ, eg conflict resolution, involvement of
Aboriginal elders etc.
(3) What action is taken if the different approach does not work.
(4) Why is a different approach adopted for Aboriginals compared with other
citizens. _ .
Is there evidence that this different approach causes resentment in the nonAboriginal community.
(6) Does this different approach breach the Discrimination Act and if not, why
not.
MR CONNOLLY: The answer to Mr Cornwell's question is as follows:
(1) The short answer is yes. However, while all citizens are equal before the
law, the Australian Federal Police are conscious of the need to ensure that
Aboriginal persons are treated fairly. The record of relations between
Canberra police and the Aboriginal community is a good one, but as Royal
Commissions and other inquiries in other parts of Australia have shown,
this is not the case throughout Australia. Accordingly, instructions have
been developed to cover police dealings with Aboriginal persons.
(2) Police arc required by the provisions of Section 23C of the Crimes Act
1914 (the Act) and AFB General Instruction 1, Aboriginals and Tomes Strait
Islanders, to adopt certain procedures when dealing with Aboriginal persons.
For example, under Section 23H of the Act an "interview friend" must be
present during the questioning of an Aboriginal person in relation to the
commission of an offence. Section 23C(4)(a) of the Act restricts the length
of police interviews of Aboriginal persons after arrest to two hours unless
the period is extended under Section 23D.
Police attempt to resolve all conflicts with members of the community in the same manner irrespective of their ethnic background. In instances where Aboriginal persons are involved, it is possible that Aboriginal elders may be approached in an attempt to find a resolution to a problem.
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