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Funding cut means more incarcerations and may mean deaths in police custody by Kate Finlayson
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unding has been cut from a 24hour legal advice phone line meeting a NSW legislative need to ensure the rights and welfare of Aboriginal people while in custody are upheld and protected. In operation since 2000, the Custody Notification Service was a response to a recommendation from the Royal Commission into Aboriginal Deaths in Custody whereby Police must notify the Aboriginal Legal Service every time they detain or arrest an Aboriginal person, in order for that person to receive early legal advice and a welfare check. Phil Naden, CEO of ALS says the CNS is more than a phone line, it’s a lifeline. “Significantly, there have been no Aboriginal deaths in police custody since the phone line began,” said Mr Naden. “Every time our lawyers speak to an Aboriginal person being detained, they check upon the welfare of the person by asking RU OK? “Often, people aren’t OK. Threats of self-harm or suicide are common. Our lawyers are skilled at hearing ideation or real threats of self-harm or suicide. The lawyer notifies the Police and the vulnerable person in custody is made safe. “Where police stations
New South Wales Aboriginal Legal Service Chief Executive Officer, Phil Naden says the Custody Notification Service is a lifeline and not just a phone line. Image: Keith Saunders
are often busy places and arresting officers can symbolise threat, Aboriginal people entrust our lawyers with their health and welfare information. We regularly assist Aboriginal people access essential medication or medical attention they were otherwise not receiving.” Legislated under NSW law, the CNS receives over 300 calls per week from Police, with ALS lawyers providing over 15,000 instances of
legal advice and health and welfare checks to vulnerable Aboriginal men, women and children every year. “The CNS provides an essential service to vulnerable Aboriginal people taken into police custody,” says Phil Naden. “It gives vulnerable Aboriginal people access to an experienced lawyer for timely legal advice which is crucial given the already shamefully high rates of Aboriginal
over-representation in the criminal justice system. “Without the phone line, it is very likely Aboriginal overrepresentation will increase,” says Mr Naden. The CNS will cease to exist on 30th June 2013 unless government funding is urgently found. The phone line costs the same to operate as holding two juveniles in detention for one year $500,000 per annum. Since July 2012, ALS staff have covered the costs of the phone line through a freeze on incremental pay rises and CPI increases. ALS staff are already paid 30% less than their peers at Legal Aid NSW and cannot afford to continue funding the service beyond June 2013. The CNS was funded by the Australian government until they indicated it was a State responsibility in June 2012. However, the NSW government has also refused to fund the phone line, despite police notification to the ALS being legislated in NSW. The ALS is urgently calling on the NSW and/or the Australian government to fund this essential service. We are currently circulating a petition to Government at http:// chn.ge/15JMYMj which in just a few hours has reached over 1000 signatures and growing. Page 1