26 September 2023

New rules for Indigenous custody

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A change of the rules to deliver greater protection for Aboriginal and Torres Strait Islander people in police custody has been announced by the Attorney General, Mark Speakman and Minister for Aboriginal Affairs, Don Harwin.

The new arrangements follow the inquest into the death of Rebecca Maher.

Mr Speakman said the Custody Notification Service (CNS), an initiative run by the Aboriginal Legal Service NSW/ACT (ALS) had been expanded to provide 24-hour legal advice and an R U OK phone line set up for Aboriginal and Torres Strait Islander people taken into police custody.

“NSW Police are obliged to notify the ALS after taking an Aboriginal or Torres Strait Islander person into custody in connection with an offence to ensure they get appropriate support,” Mr Speakman said.

“This reform expands the CNS, so police must now also call the service if an Aboriginal or Torres Strait Islander person is taken into protective custody for intoxication,” he said.

Mr Speakman said $1 million of federal Government funding was assigned to support the delivery of the CNS in 2019 and 2020.

Mr Harwin said the expanded service was a necessary reform in response to the findings of State Coroner Magistrate Teresa O’Sullivan in July this year.

“The 2016 death of Aboriginal woman Rebecca Maher at Maitland Police Station is a terrible tragedy,” Mr Harwin said.

“We don’t want to see these horrific circumstances repeated, which is why we are acting to provide better protection for First Nations people,” he said.

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