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| National Indigenous Law and Justice Advisory Council | |
|---|---|
| Name | National Indigenous Law and Justice Advisory Council |
| Formation | 2019 |
| Type | Advisory body |
| Headquarters | Canberra |
| Region served | Australia |
| Leader title | Chair |
| Leader name | Professor Megan Davis |
| Parent organization | Attorney-General's Department |
National Indigenous Law and Justice Advisory Council The National Indigenous Law and Justice Advisory Council is an Australian advisory body formed to provide expert Indigenous legal and policy advice to federal institutions. It links Indigenous legal scholarship with policy work undertaken by institutions such as the Australian Law Reform Commission, High Court of Australia, Federal Court of Australia, Family Court of Australia, and agencies including the Attorney-General's Department, Australian Institute of Criminology, Australian Institute of Health and Welfare, and the Australian Human Rights Commission. The Council interfaces with Indigenous representative bodies like the National Congress of Australia's First Peoples, Aboriginal Legal Service (NSW/ACT), Victorian Aboriginal Legal Service, and stakeholders connected to treaties such as the Uluru Statement from the Heart and agreements like the Barunga Statement.
The Council was established following national discussions influenced by landmark events and institutions including the Royal Commission into Aboriginal Deaths in Custody, the Closing the Gap framework, the Bringing Them Home report, the Mabo v Queensland (No 2) decision, and the Native Title Act 1993. It drew on recommendations from inquiries such as the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families and the Royal Commission into Institutional Responses to Child Sexual Abuse while responding to policy agendas set by the Council of Australian Governments and campaigns led by entities like Reconciliation Australia and the Lowitja Institute. Founding instruments referenced legislative frameworks such as the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and consultative precedents from the Aboriginal and Torres Strait Islander Commission era.
The Council advises on law reform, policy, and practice relevant to Indigenous peoples, interfacing with legal mechanisms exemplified by the Crimes Act 1914 (Cth), the Evidence Act 1995 (Cth), and sentencing frameworks influenced by cases like R v Northern Territory. It provides expertise to bodies including the Australian Law Reform Commission, the Judicial Commission of New South Wales, the Victorian Law Reform Commission, and the Human Rights Law Centre. Functions encompass review of statutes such as the Family Law Act 1975, consideration of international instruments like the United Nations Declaration on the Rights of Indigenous Peoples, and contributions to intergovernmental processes involving the Treaty of Waitangi-informed comparative dialogues with New Zealand Law Commission projects.
Governance follows models used by advisory entities such as the Australian Health Ethics Committee and the National Cultural Heritage Council, with membership drawn from leaders in academia, practice, and community: academics affiliated with University of New South Wales, University of Melbourne, Australian National University, and University of Sydney; practitioners from Privacy Commissioner-advised clinics, barristers from chambers in Darwin, Perth, Sydney, and representatives from community-controlled services including Congress of Aboriginal and Torres Strait Islander Nurses and Midwives, Aboriginal Medical Service Redfern, and legal aid bodies like Legal Aid NSW. Chairs and members have included figures associated with institutions such as the Lowitja Institute, the Kirby Institute, and the Australian Human Rights Commission.
Initiatives mirror programs by the Indigenous Land and Sea Corporation, the Indigenous Business Australia, and the National Indigenous Australians Agency involving law reform projects, custody and sentencing reviews influenced by the Royal Commission into Aboriginal Deaths in Custody, diversionary justice pilots similar to the Murri Court and the Koori Court, and legal capability building akin to projects from the Jumbunna Indigenous House of Learning. Programs involve collaboration with research bodies such as the Australian Institute of Criminology, the Australian Institute of Aboriginal and Torres Strait Islander Studies, and universities involved in clinical legal education like the Public Interest Advocacy Centre clinics.
Engagement strategies reflect practices used by the National Congress of Australia's First Peoples, the National Indigenous Television, and community councils such as the Yorta Yorta Nation Aboriginal Corporation and the Tiwi Land Council. The Council consults with regional peak bodies including the Northern Land Council, the Central Land Council, the Aboriginal Legal Service of Western Australia, and Indigenous representative organisations such as the Victorian Aboriginal Community Controlled Health Organisation and the Gundjeihmi Aboriginal Corporation. It employs culturally informed methods aligned with approaches from the Uluru Statement from the Heart consultations and community protocols similar to those used by Reconciliation Australia and NATSILS.
The Council produces reports and recommendations contributing to inquiries like those by the Australian Law Reform Commission, submissions to the Parliamentary Joint Committee on Human Rights, and inputs to royal commissions exemplified by the Royal Commission into Institutional Responses to Child Sexual Abuse and the Royal Commission into Aboriginal Deaths in Custody. Topics addressed include custodial deaths, youth justice reform in jurisdictions such as Queensland, New South Wales, Victoria, sentencing reform paralleling work by the Sentencing Advisory Council (Victoria), and legal recognition matters tied to the Native Title Act 1993 and proposals for constitutional recognition debated in forums like the Referendum Council.
Critiques echo concerns previously raised in debates around the Aboriginal and Torres Strait Islander Commission and controversies similar to disputes over the Indigenous Voice to Parliament and the Uluru Statement from the Heart implementation. Criticism has come from commentators associated with think tanks such as the Centre for Independent Studies, legal academics aligned with the Menzies Research Centre, and community stakeholders connected to organisations like the Aboriginal Legal Service (NSW/ACT). Issues have included debates over representation models compared to the National Congress of Australia's First Peoples, tensions with state administrations in Western Australia and Northern Territory, and questions about resourcing and accountability similar to controversies that have affected other advisory bodies like the National Cultural Heritage Advisory Committee.