New court approach ‘significant step forward’ in Closing the Gap
A new court process in Dubbo will assist Aboriginal families in care proceedings and help close the gap, in what has been called a groundbreaking approach.
The new approach to Children’s Court matters relating to Aboriginal families involved in care proceedings has commenced in Dubbo.
Key features of the court model include allocating more time to identify solutions and listen to Aboriginal families, as well as scheduling cases to reduce waiting times at court. Courtroom procedures will be less formal, and child protection caseworkers will attend court more often to improve communication and accountability.
Winha-nga-nha is a term from the Wiradjuri language meaning “to know, think, remember” – and the list is a “significant step forward” in the Children’s Court of NSW, according to NSW Attorney-General Michael Daley.
“The Winha-nga-nha List will provide more time to listen, talk and think about what is important for children and will encourage family and community members to support the parents and children involved. Importantly, this list will ensure cultural considerations are embedded in the court process,” he said.
“The aim is that, over time, this approach will improve outcomes for children and reduce the number of cases that result in the placement of Aboriginal and Torres Strait Islander children in long-term out-of-home care.
“It also aims to improve the engagement of extended family members and the community with the Children’s Court and improve confidence and connection with the court system by improving transparency.”
The list was co-designed by the Children’s Court in collaboration with the Aboriginal community in Dubbo and key stakeholders, including the NSW Child, Family and Community Peak Aboriginal Corporation (AbSec), the Aboriginal Legal Service (ALS), Legal Aid NSW, the NSW Law Society, the Department of Communities and Justice, the Department of Communities and Justice – Transforming Aboriginal Outcomes – Care and Housing, and justice units.
The Winha-nga-nha List is also the Children’s Court response to the Family Is Culture Review Report – Independent Review of Aboriginal Children and Young People in Out of Home Care, recommendation 125. The list also implements two recommendations (10 and 18) from the 2017 NSW Legislative Council Inquiry into Child Protection.
Minister for Aboriginal Affairs and Treaty David Harris said initiatives like these are important in Closing the Gap.
“Culturally safe spaces such as this help move the dial towards more equitable outcomes for Aboriginal children and families. This initiative is an important step towards Closing the Gap in NSW, which is a top priority for the Minns Labor government,” he said.
“We know that when we involve Aboriginal communities in the design of programs and initiatives that impact them, we get better outcomes, every time.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.