In Australia, it is increasingly essential for law students to develop a thorough understanding of the perspectives of First Nations People due to their disproportionately high representation in the criminal justice system.

As future leaders in the legal profession, law students must acquire a deep understanding of Aboriginal culture, history, and social context, as this knowledge will empower them to drive substantial change in how the Aboriginal community is portrayed and treated within the criminal justice system.

James Parfitt, the community legal educator for the North Australian Aboriginal Justice Agency (NAAJA), has been advocating for law students to be educated about the First Nations People’s perspectives and experiences in the Australian legal system.

“There are many negative narratives that exist within our systems about Aboriginal people and communities. Aboriginal people are also overrepresented in the criminal justice system in every jurisdiction across Australia,” he said.

“To work in the justice system in Australia means an intersection with Aboriginal people and culture. We come from a culture of beauty, we come from a culture of respect, we come from a culture of strength, and, most importantly, we come from a culture of love, and it’s important that those working or about to work in the justice system understand this and the unique perspective of Aboriginal communities.”

Parfitt expressed that understanding the nuances and perspectives of Indigenous individuals is best achieved through listening to traditional elders and learning from the insights of Aboriginal people themselves.

“It’s the kind of learning that can best be achieved on country, hearing from traditional elders and through the eyes of Aboriginal people about a justice system, a history, and a perspective – by Aboriginal people, for Aboriginal people,” he said.

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To ensure that law students can receive this vital information and guidance, Parfitt and the NAAJA are supporting a new program called True Justice, offered by Charles Darwin University to its law students.

He said: “We wanted to plant a seed, especially among those who will be the future policymakers, lawmakers and heads of the legal fraternity. To change the justice system in the Northern Territory, there must be collaboration with Aboriginal communities, and that was at the heart of bringing this course together – we are setting the example of true reconciliation by coming together to bring a collaborative perspective in educating next-generation lawyers.”

Parfitt emphasised that the importance of this course lies in equipping the next generation of lawyers with the knowledge to make significant changes for the future of Aboriginal justice issues in the Northern Territory.

“We want to make change for the future of Aboriginal justice issues in the Northern Territory by offering knowledge to the next generation who will have the power to make that change – and that is the importance of this course,” he said.

He expressed that this subject is an initial step in a series of efforts to transform perspectives within the justice system, aiming for a comprehensive understanding of historical and current issues impacting Aboriginal people.

“This will be the first step in many to change perspectives of those who work in the justice system and to have a better understanding of historical and current issues impacting Aboriginal people,” he said.

“This change, especially in the Northern Territory, is not going to happen overnight. But with positive strategies, using both Western and Indigenous learning styles and understanding Western legal concepts and Aboriginal law concepts, things can change among the next generations and change for the better.”

Senior lecturer in law at CDU, Susan Bird, also stressed how important it is for the next generation of lawyers to develop this perspective towards First Nations People.

She said: “Lawyers work at the coalface where people are in conflict, or are experiencing trauma. If legal professionals do not have the skills to deal with these situations, interactions can be damaging for lawyers and clients.”

“This is even more pronounced where clients come from First Nations backgrounds. Without developing skills for interacting in culturally safe ways, non-Aboriginal lawyers are at risk of contributing to trauma.”

Bird revealed that such training and education are often not provided to law students, as universities prioritise teaching legal rules and courtroom strategies over crucial skills in trauma-informed practice.

“Trauma-informed practice is a skill set that is not given enough time in law degrees. We do a lot of learning about the rules and how particular arguments might play out in court, but not so much on building skills around working with people,” she said.

“It is only by training our future lawyers and legal professionals that we can move towards a fairer legal system for all.”

Bird also stressed that offering law students this training and education is important not only for First Nations Lawyers but for all aspiring legal professionals by highlighting how “law is a complex space no matter what your cultural background is” and that “learning to work together is important for everyone in the legal system”.

After working within the justice sector for over thirty years, Parfitt disclosed how offering such a subject to law students has been urgent due to the significant gap in cultural understanding and awareness among legal practitioners regarding First Nations People.

“From a First Nations perspective regarding cultural knowledge and awareness of people working in the legal and justice field of the Northern Territory, it became obvious that a course like this was needed, especially working at NAAJA and being exposed to the realities of the over-representation of Aboriginal people in the territory justice system,” he said.

“I have continually observed gaps in cultural awareness, lack of understanding of Indigenous people of the Northern Territory, and little knowledge of Australian history. There is a massive gap in understanding. Aboriginal people know the issues and have a lot of solutions, but our voice is rarely heard.”

Phoebe Quilty, a third-year law student at CDU, reflected on how beneficial undertaking this subject has been to her as a future lawyer.

She said: “Before undertaking this unit, I thought I was aware of, and had a good understanding of, the key issues and themes covered by the unit. However, True Justice went well beyond my understanding and created a depth of perception that I believe is essential for anyone working as a lawyer (or other profession) with First Nations people in the NT.”

Sionea Breust, the director of SCB Legal, underscored the importance of law students thoroughly grasping the underlying reasons for the injustices First Nations People still endure.

“It is crucial for law students to have an in-depth understanding of the historical challenges faced by First Nations Peoples and the root causes of the injustices our people continue to face.

“Without understanding the history, culture and customary laws that existed well before the invasion of our motherland and the ongoing effect of these historical injustices, it is impossible for them to truly appreciate the impact that white law has on our people,” she said.

Witnessing the barriers and unfair treatment faced by Indigenous individuals, Breust highlighted that aspiring law students advocating for change need to understand the underlying issues.

“As an Aboriginal lawyer working with Indigenous peoples, I continue to see the barriers faced and the unequal treatment of our people, highlighting the need for change to our justice system,” she said.

“For those law students who are passionate and willing to be the voice of our people, it is essential that they first understand the underlying issues from a First Nations perspective to advocate for change, address their needs and overcome the injustices that continue to disadvantage our Aboriginal and Torres Strait Islander Peoples.”