First Peoples
Aboriginal and Torres Strait Islander peoples should be aware that this resource may contain images or names of people who have since passed away.
SHARE
Barriers experienced by Aboriginal and Torres Strait Islander children and families accessing legal supports
This scoping study sets out evidence-based reforms to reduce Aboriginal and Torres Strait Islander child removals and strengthen child protection and justice systems. The study is a key initiative intended to contribute to improved outcomes for Aboriginal and Torres Strait Islander children and families. With a focus on the rights and needs of Aboriginal and Torres Strait Islander children, it aims to identify opportunities and options to address systemic discrimination and barriers, improve legal and related supports, and reduce the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care.
Unmet legal needs have a profound and devastating impact on the lives of Aboriginal and Torres Strait Islander children and families. Most significantly, gaps in legal representation and support contribute to the ongoing removal of Aboriginal and Torres Strait Islander children, severing their connection to community, language, culture, Country and kin.
The report calls on government agencies, particularly jurisdictional child protection and justice departments, to take action through joined-up responses that are led by Aboriginal and Torres Strait Islander leaders and communities. The report contains 13 recommendations, along with sub-actions that bring these recommendations to life.
Key findings
- Current funding arrangements restrict the accessibility of legal supports for Aboriginal and Torres Strait Islander children, young people and families.
- There is a lack of cultural responsiveness in mainstream legal and court systems, and the resulting need for targeted action to strengthen cultural capability at all points within these systems.
- Children require consistent, high-quality and culturally responsive legal representation at all stages of proceedings. Facilitating this requires investment in legal representation.
- Most jurisdictions cannot easily collect or analyse data related to legal supports provided to Aboriginal and Torres Strait Islander children and families, making it challenging to quantify, understand and act to address unmet need.
