Court in Alice Springs and surrounds (if surrounds can include 400km away - big country) has not been what I expected. I thought the state might have progressive and culturally sensitive ways of dealing with its large Aboriginal population. It does not. I thought that the purpose of Bush Court was similar to the Victorian Koori Court - a less formal, more culturally appropriate medium for Aboriginal people to accept responsibility for transgressions with involvement from the community. It’s not. It’s normal court, but in a small room in a community building with mismatched, portable chairs and tables. ‘Justice’ on the cheap.
Last night I stayed with two lawyers and an Aboriginal Legal Officer in Wycliffe Well, on a bush court circuit, and listened to them talk. There are too many violent crimes, but there’s also too many crimes of necessity and circumstance - people imprisoned for alcohol-related reasons, promising to stay dry are released into town, surrounded by bottle shops, with only the expensive and infrequent Bush Bus to get them back to their remote, dry communities. “Everyone” has priors for driving unlicensed, unregistered, because nobody has a licence (as the judge conceded when faced with an L-plater caught driving unsupervised), or they can’t pay their fines and their licence is therefore suspended without their knowledge, or they can’t afford the ~$300-$400 drink driving course that will restore their licence. Kids run around in the freezing mornings without jumpers or shoes - do you think their mothers can afford baby carriers or booster seats to avoid ‘child unrestrained’ charges? There are no alternatives to get around in these remote areas - what are they supposed to do?
Speaking to the ALO about local culture, norms and triggers for the huge issues in the area - domestic violence, alcohol, fights between families - was eye opening and exactly what I hoped to gain from this experience. She asked us not to repeat what she told us about culture and domestic violence, and I won’t, except to say that our Western system is exacerbating social problems and undermining traditional law.
Where I was baffled about how to respect Aboriginal culture while Western culture and English common law remains, I now have ideas. It’s changed my thoughts about Western feminism and given new insight into the need for intersectionality.
I’m glad I came here, and I’m glad that I’ve tried to observe from a place of respect. Now I can begin to have some understanding.
