Sentencing, Domestic Violence, and the Overrepresentation of Indigenous Australians: Does Court Location Matter?

2019 ◽  
pp. 088626051988591
Author(s):  
Robin Fitzgerald ◽  
Heather Douglas ◽  
Lachlan Heybroek
Keyword(s):  
Domestic Violence ◽  
Indigenous People ◽  
Hierarchical Modeling ◽  
Indigenous Communities ◽  
Indigenous Australians ◽  
The Subject ◽  
Modeling Strategy ◽  
Geographic Remoteness ◽  
Protection Order ◽  
Sentencing Outcomes

The significant overrepresentation of Indigenous people in Australian prisons has been the subject of numerous studies. In this article, we build on recent research suggesting that sentencing in domestic violence cases might be an important contributor to this overrepresentation of Indigenous people. We broaden the existing research by examining differences for Indigenous and non-Indigenous defendants in domestic violence cases across a range of sentencing outcomes including imprisonment, probation, fines, and good behavior orders. We also consider whether the degree of geographic remoteness of the court influences these sentencing outcomes. To accomplish this, we use administrative court data from Queensland, Australia, and employ a multinomial hierarchical modeling strategy appropriate for nested court-level multilevel data. The findings further support recent Australian research suggesting that there are sentencing disparities for Indigenous and non-Indigenous people in relation to domestic violence, and in particular, that harsher sentences such as imprisonment are disproportionately reserved for Indigenous defendants. Our research demonstrates that these disparities in the likelihood of imprisonment occur irrespective of defendants’ domestic violence protection order (DVO) breach histories and the location of the sentencing court. Based on the findings, we conclude with a discussion of possible ways forward. Although there is no question that Indigenous women should be safe and free from violence, supporting a harsher sentencing regime for those who breach DVOs is not effective. Instead, we argue that flexible strategies that work within and for Indigenous communities in Australia are required.

scholarly journals Indigenous Land and Sea Management Programs (ILSMPs) Enhance the Wellbeing of Indigenous Australians

2019 ◽  
Vol 17 (1) ◽  
pp. 125 ◽  
Author(s):  
Silva Larson ◽  
Natalie Stoeckl ◽  
Diane Jarvis ◽  
Jane Addison ◽  
Daniel Grainger ◽  
...  
Keyword(s):  
Environmental Management ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Indigenous Australians ◽  
Future Design ◽  
Principle Components Analysis ◽  
Wide Range ◽  
Components Analysis ◽  
Language Schools ◽  
Indigenous Land

Conservation and environmental management have been reported as offering opportunities to substantially improve the wellbeing of Indigenous people. Using the holistic wellbeing impact evaluation (W-IE) approach—well suited for use in Indigenous communities—we interviewed 190 Indigenous Australians across four communities. All communities were involved in the Indigenous land and sea management programs (ILSMPs). Our study explored the conceptualisation of ‘wellbeing’ by participants. In particular, we were interested in the aspects of wellbeing perceived to be affected by ILSMPs. Out of the 26 wellbeing factors explored, ‘Health centres’; ‘Language’; ‘Schools’; and ‘Safe community’ emerged as being of highest importance to the largest percentage of the respondents. When grouped using principle components analysis (PCA), the ‘Community and society’ domain emerged as the most important; accounting for 52% of the overall importance of all wellbeing factors. The second most important domain was the ‘Country and culture’, contributing 31%. Lastly, ‘Economic aspects’ contributed only 17%. Respondents believed that ILSMPs have played a considerable causal role in improving wellbeing, by positively changing factors most important to them. Specifically, 73% of perceived causal links were related to improvements in the ‘Country and Culture’ and 23% to ‘Community and Society’ domain. We thus conclude that land management for Indigenous people is much more than ecological or environmental management with ILSMPs, perceived to cause a wide range of cultural and social benefits. We also propose ways in which the future design of such programs could be improved to further increase benefits.

A population study on Indigenous hospitalisations for interpersonal violence

2010 ◽  
Vol 34 (1) ◽  
pp. 123 ◽  
Author(s):  
Lynn B. Meuleners ◽  
Andy H. Lee ◽  
Delia Hendrie ◽  
Michelle Fraser
Keyword(s):  
Indigenous People ◽  
Western Australia ◽  
Interpersonal Violence ◽  
Length Of Hospital Stay ◽  
Indigenous Communities ◽  
Population Based ◽  
Indigenous Australians ◽  
Contributing Factors ◽  
Male And Female ◽  
High Burden

Indigenous people experience a disproportionately high burden of interpersonal violence. This paper compares the demographic characteristics and injury circumstances of male and female Indigenous Australians hospitalised due to interpersonal violence in Western Australia over a 15-year period. A population-based, retrospective study of all hospitalisations due to interpersonal violence for Indigenous people in WA was undertaken using the linked 1990–2004 data from the WA Mortality Database and the Hospital Morbidity Data System. The majority of Indigenous hospitalisations were for females (56.3%). Female victims were more likely to be admitted due to maltreatment and rape (11.9%). Age profiles, residential location and length of hospital stay were similar between both sexes. The results indicate higher rates of hospitalisation and readmissions for interpersonal violence in WA among Indigenous females than males. There may potentially be different risk factors for each sex and further investigation will have public health benefits. What is known about the topic?Indigenous people experience a disproportionately high burden of interpersonal violence compared with non-Indigenous people. In contrast to the general population, Indigenous females are hospitalised for interpersonal violence at a higher rate than their male counterparts. What does this paper add?This study used population-based data to compare the different characteristics between Indigenous male and female hospitalisations due to interpersonal violence in Western Australia. Females were hospitalised at nearly 1.3 times the rate of males and comprised the majority (65%) of hospitalisations for those admitted more than once. What are the implications for practitioners?The results provide policy makers and planners with a basis for making informed decisions on where to specifically target resources so as to reverse the increasing burden of interpersonal violence on Indigenous communities. In addition, more rigorous prospective investigation is required to determine the contributing factors of interpersonal violence hospitalisations for Indigenous people.

Support for Indigenous wildlife management in Australia to enable sustainable use

2010 ◽  
Vol 37 (3) ◽  
pp. 255 ◽  
Author(s):  
George R. Wilson ◽  
Melanie J. Edwards ◽  
Jennifer K. Smits
Keyword(s):  
Indigenous People ◽  
Wildlife Management ◽  
Rural Areas ◽  
Management Practices ◽  
Indigenous Health ◽  
Minor Component ◽  
Indigenous Communities ◽  
Customary Law ◽  
Indigenous Australians ◽  
Wildlife Harvesting

Wildlife managers could play a greater role in ensuring that Indigenous wildlife harvesting is sustainable and helping to address community health and employment challenges facing Indigenous Australians in remote and rural areas. Wildlife managers need to listen more to what Indigenous people say they want from their country and for their people, such as increased game to supplement their diet and security for totemic species, to maintain culture. In pre-colonial Australia, adherence to customary law maintained wildlife species Indigenous Australians wanted. Today the long-term sustainability of Indigenous wildlife harvesting is threatened. Where Indigenous communities lack leadership and other social problems exist, their capacity to apply customary land-and sea-management practices and to operate cultural constraints on wildlife use is reduced. The Indigenous right to hunt should coexist with responsible management. Improved wildlife management that combines science and traditional knowledge has implications for Indigenous people worldwide. Western science can support Indigenous passion for caring for the land. It can draw on traditional Indigenous practice and, through reciprocal learning, help reinstate Indigenous law and culture in communities. In Australia, wildlife managers could be more engaged in supporting Indigenous Australians in activities such as surveying populations and estimating sustainable yields, identifying refuge areas, maximising habitat diversity, controlling weeds and feral animals, and exchanging information across regions. Although support for Indigenous land and wildlife management has risen in recent years, it remains a minor component of current Australian Government resource allocation for addressing Indigenous need. Wildlife management could be a stronger focus in education, training and employment programs. Proactive wildlife management conforms to both the western concept of conserving biodiversity and Indigenous wildlife management; it can support sustainable harvesting, provide employment and income, create learning and training opportunities and improve Indigenous health. If greater expenditure were directed to Indigenous wildlife management, wildlife managers, especially Indigenous wildlife managers, could become more engaged in cultural initiatives across traditional and scientific practices and so contribute to programs that address the health and motivational challenges facing Indigenous communities.

scholarly journals How well does the National Disability Insurance Scheme respond to the issues challenging Indigenous people with disability?

2017 ◽  
Vol 29 (4) ◽  
pp. 49-60 ◽  
Author(s):  
Phuong Lan Do
Keyword(s):  
Indigenous People ◽  
Disability Insurance ◽  
Indigenous Communities ◽  
Social Model ◽  
Indigenous Populations ◽  
Disability Services ◽  
Indigenous Australians ◽  
Insurance Scheme ◽  
The Social ◽  
Colonial Theory

INTRODUCTION: The participation rates of Indigenous Australians in disability services were significantly lower than the prevalence of disability in Indigenous communities. The Australia’s National Disability Insurance Scheme (NDIS) promises changes to the lives of Australians with disability in general and particularly for the Indigenous population living with disability. This article presents research exploring how the NDIS takes into consideration the issues challenging Indigenous people’s access to, and use of, disability services.METHODS: The theoretical underpinning of the research drew on the social model of disability and post-colonial theory, which informed a systematic review of disability services for Indigenous people, an analysis of the current policy-making process and current NDIS legislation.FINDINGS: The systematic literature review revealed the social, attitudinal, physical and communication barriers experienced by Indigenous people accessing and using disability services; however, the policy analysis of the NDIS indicates that the new legislation does not address these challenges faced by this multi-disadvantaged Australian population group.CONCLUSION: This research highlights the urgent need for disability policy improvements and promotes further design of culturally appropriate healthcare for Indigenous populations, who are still “disabled”, not only by colonised histories but also through contemporary socio-economic marginalization.   

An analysis of reporting of sexually transmissible infections in indigenous Australians in mainstream Australian newspapers

Sexual Health ◽  
2007 ◽  
Vol 4 (1) ◽  
pp. 9 ◽  
Author(s):  
Sandra C. Thompson ◽  
Stephanie K. Green ◽  
E. Jessamy Stirling ◽  
Ross James
Keyword(s):  
Effective Action ◽  
Media Coverage ◽  
Print Media ◽  
Indigenous Communities ◽  
Indigenous Australians ◽  
Journalism Education ◽  
Sexually Transmissible Infections ◽  
Control And Prevention ◽  
The Subject ◽  
The Voice

Background: To investigate the nature of, and trends in, Australian print media coverage of sexually transmissible infections (STI) in indigenous Australians. Methods: Newspaper articles from January 1986 to June 2004 were downloaded from the Factiva database. Of 164 articles examined based on our search criteria, 100 were included for analysis. An assessment of the tone and content of each article was made by two reviewers, and data were entered and analysed using EpiInfo (Centers for Disease Control and Prevention, Atlanta, GA) Results: Most articles were serious (89%), matter of fact and information dense (50%) and critical of the subject of the article (44%). Of the articles that were emotive, 78% evoked a sense of shock or frustration. The stimulus for the article was government related in 65%; a purely academic opinion was presented in 82%; and only one viewpoint was presented in 73%. The papers publishing the greatest number of articles were The Sydney Morning Herald (31%) and The Age (18%). From 1996 there was an increase in the number of articles and improvements in the voice given to indigenous informants. This may reflect initiatives in journalism education and release of a protocol on how STI in indigenous communities should be reported. Conclusion: Overall, the style of reporting was heavy, dry and critical, written in an academic style and failed to critically examine or challenge government initiatives. The potential for print media to educate the general public is poorly utilised. Further exploration of how sensitive indigenous issues can be presented to avoid stereotyping, stigma and nihilism, while initiating more effective action, is needed.

scholarly journals The Domestic Violence Protection Order System as Entry to the Criminal Justice System for Aboriginal and Torres Strait Islander People

2018 ◽  
Vol 7 (3) ◽  
pp. 41-57 ◽  
Author(s):  
Heather Douglas ◽  
Robin Fitzgerald
Keyword(s):  
Domestic Violence ◽  
Indigenous People ◽  
Torres Strait Islander ◽  
Order System ◽  
Limited Attention ◽  
Criminal Charge ◽  
Torres Strait ◽  
Disproportionate Number ◽  
Civil Order ◽  
Protection Order

The domestic violence protection order (DVO) system is a hybrid system of criminalisation in which the DVO itself is a civil order, but any contravention of that order may result in a criminal charge. Limited attention has been paid to the potential consequences of criminalisation through the hybrid DVO system in the Australian context. We use Queensland as a case study and examine administrative data gathered through Queensland Courts.  We show that a disproportionate number of Aboriginal and Torres Strait Islander (ATSI) people are named on DVOs, charged with contraventions of DVOs and significantly more likely than non-Indigenous people to receive a sentence of imprisonment for a contravention of a DVO, compared to non-Indigenous people. We find that ATSI women are particularly overrepresented in this system. We review explanations for these startling figures and emphasize the need for a change in approach.

Australian Indigenous Entrepreneurship: A Capital-Based View

2008 ◽  
Vol 9 (2) ◽  
pp. 133-144 ◽  
Author(s):  
Craig Furneaux ◽  
Kerry Brown
Keyword(s):  
Economic Development ◽  
Indigenous People ◽  
Small Businesses ◽  
Participation Rate ◽  
Indigenous Communities ◽  
Indigenous Australians ◽  
Participation Rates ◽  
Multiple Forms ◽  
Cultural Attitudes ◽  
Promising Avenue

Encouraging entrepreneurship has been advocated as the most promising avenue for economic development of Indigenous communities in Australia. Unfortunately, the number of Indigenous people engaged in small businesses in Australia is low compared with participation rates in other countries. One explanation suggested for this low participation rate in small business is that Indigenous Australians lack the traits or cultural attitudes necessary for success. This paper advocates a different view, arguing instead that analysing Indigenous access to capital in its multiple forms provides for a richer explanation – and exploration – of the barriers to Indigenous entrepreneurship.

Predicting Case Conviction and Domestic Violence Recidivism: Measuring the Deterrent Effects of Conviction and Protection Order Violations

2011 ◽  
Vol 26 (4) ◽  
pp. 395-409 ◽  
Author(s):  
Durant Frantzen ◽  
Claudia San Miguel ◽  
Dae-Hoon Kwak
Keyword(s):  
Domestic Violence ◽  
Recidivism Rates ◽  
Domestic Assault ◽  
Court Records ◽  
Using Data ◽  
Protection Order ◽  
Sentencing Outcomes

Previous research offered little guidance on sentencing outcomes for protection order (PO) violations in cases of domestic assault and whether PO violation charges affected offender recidivism rates. Using data from local court records, this study examined the effect of PO violation charges on the odds of case conviction relative to dismissal, and whether case conviction or a PO violation charge results in lower domestic violence rearrest rates compared to offenders not receiving these sanctions. The models indicate that PO violation charges has no significant effect on the odds of conviction or recidivism rates, and these trends were not significantly different for convicted versus dismissed offenders. Findings are discussed in relation to previous research with recommendations for future areas of study.

Non-Fatal Deliberate Self-Harm in Three Remote Indigenous Communities in Far North Queensland, Australia

Crisis ◽  
2019 ◽  
Vol 40 (6) ◽  
pp. 422-428 ◽  
Author(s):  
Chris Rouen ◽  
Alan R. Clough ◽  
Caryn West
Keyword(s):  
Health Care ◽  
Primary Health Care ◽  
Care Center ◽  
Indigenous Communities ◽  
Indigenous Australians ◽  
Deliberate Self Harm ◽  
Health Care Center ◽  
Far North ◽  
Primary Health ◽  
Self Harm

Abstract. Background: Indigenous Australians experience a suicide rate over twice that of the general population. With nonfatal deliberate self-harm (DSH) being the single most important risk factor for suicide, characterizing the incidence and repetition of DSH in this population is essential. Aims: To investigate the incidence and repetition of DSH in three remote Indigenous communities in Far North Queensland, Australia. Method: DSH presentation data at a primary health-care center in each community were analyzed over a 6-year period from January 1, 2006 to December 31, 2011. Results: A DSH presentation rate of 1,638 per 100,000 population was found within the communities. Rates were higher in age groups 15–24 and 25–34, varied between communities, and were not significantly different between genders; 60% of DSH repetitions occurred within 6 months of an earlier episode. Of the 227 DSH presentations, 32% involved hanging. Limitations: This study was based on a subset of a larger dataset not specifically designed for DSH data collection and assesses the subset of the communities that presented to the primary health-care centers. Conclusion: A dedicated DSH monitoring study is required to provide a better understanding of DSH in these communities and to inform early intervention strategies.

Towards Coherent European Crime Victims Policies and Practices

2019 ◽  
Vol 25 (2) ◽  
pp. 122-127
Author(s):  
Dobrinka Chankova ◽  
Gergana Georgieva
Keyword(s):  
Domestic Violence ◽  
Crime Victims ◽  
Political Factors ◽  
Victims Of Crime ◽  
Victim Protection ◽  
National Governments ◽  
Protection Order ◽  
Practical Recommendations ◽  
Policies And Practices

Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.

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