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BLM movement highlights urgent need for Walama Court

The NSW Bar Association has urgently called for a court that would address the over-representation of Indigenous people in Australia’s criminal justice system.

user iconNaomi Neilson 15 June 2020 Big Law
Tim Game SC
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The Bar Association said recent events highlighted an “urgent need” to establish the Walama Court in NSW, adopt the Uluru Statement from the Heart and introduce a First Nations voice to the courtrooms in order to address Indigenous over-representation.  

President TIm Game SC said the policies and laws in Australia are “falling short” due to a failure of policymakers, parliaments and courts to listen to First Nations people.  

“The [association] has persistently advocated for the Walama Court to be established in NSW to reduce recidivism rates of Indigenous people through increased cooperation between the criminal justice system and respected persons in the Indigenous community, Mr Game said, adding that courts also need more supervision orders.  

The Walama Court would be a hybrid incorporating aspects of the Victorian Koori Court and the NSW Drug Court and would operate at a District Court level. It has the support of the Police Association of NSW, the Law Council of Australia, the Australian Law Reform Commission’s 2018 inquiry and the 2020 special inquiry on Ice.  

“The Walama Court model proposes that the judge has greater capacity to monitor the progress of the individual post-sentence,” Mr Game explained. “This could include an intensive period of monitoring, including more intensive supervision by community corrections in the community.” 

The Bar Association has also urged the commonwealth to adopt the Uluru Statement from the Heart and has called on the government to prioritise the establishment and the funding of the Walama Court as a priority this year.  

“Adopting the Uluru Statement and enshrining a First Nations [voice] to parliament in our constitution is important to ensure Aboriginal and Torres Strait Islander people are genuinely heard on laws and policies that affect them,” Mr Game said.

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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