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Walama List ‘crucial’ to addressing Indigenous over-incarceration
The introduction of the Walama List pilot, which will deliver a more culturally specific and community-based approach to sentencing for eligible Aboriginal offenders, has been welcomed by the NSW Law Society for its capacity to “make a significant difference” in the lives of Indigenous people and on the criminal justice system.
Naomi Neilson
From February 2022, offenders from Sydney, Paramatta, Campbelltown and Penrith district courts will take part in the pilot list operating out of the Sydney Downing Centre District Court. In addition to bringing community involvement into sentencing, the list aims to build trust and divert offenders into critical support services.
“This program harnesses the wisdom of Aboriginal elders and respected community members in sentencing decisions, along with provided wraparound support services and intensive monitoring before sentencing,” Mr Speakman announced.
Commenting on the pilot list, NSW Law Society president Juliana Warner said it is an important step towards the establishment of a Walama Court and will play a significant role in reducing reoffending. Ms Warner added it is crucial “if we are to address the unacceptable, long-standing issue of Indigenous over-incarceration”.
“Our support for Indigenous community engagement in sentencing, like the Walama List pilot, is also underpinned by evidence that there are significant benefits to returning some level of ownership of, and community engagement with, this aspect of the justice system to Indigenous communities,” Ms Warner commented.
Chief Judge of the District Court, Justice Derek Price AO, said it would be capably managed by her honour Judge Dina Yehia SC, who brings all of the knowledge from her role as chair of the Walama Court working group and from years of working alongside Aboriginal legal services early in her legal career.
“The support of the Attorney-General and funding for the pilot ensures the essential involvement of elders in sentencing conversations and importantly for elders to be remunerated for their participation,” Justice Price added.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
