The Legal System

Aboriginal and Torres Strait Islander Law

Indigenous people living in Australia and their descendants have, since time immemorial, observed a variety of systems of law, which were not recognised by Australian law until relatively recently.

When Australia was colonised by the English, they ignored Aboriginal ownership of land. This continued until quite recently, assisted by the legal fiction that Australia was terra nullius (land belonging to no-one) at the time of colonisation. The argument was that Australia was 'settled' rather than conquered.

As a result of the High Court decision in Mabo there is now limited recognition of Aboriginal ownership and use of land (native title) - see Native Title. As well, customary law has some limited influence in the sentencing of some Aboriginal offenders, and in areas such as the protection of sacred sites. See Other Aboriginal and Torres Strait Islander Legal Issues in the ACT.

Native Title

In June 1992, the High Court, in the Mabo case (Mabo v Queensland (No. 2) (1992)), held that other systems of law could co-exist with the Australian legal system. In that case, the common law recognised a legal system, dealing with land ownership, that was created before British sovereignty by Murray Islanders in the Torres Strait. The Indigenous legal system was not wiped out or extinguished at or after British sovereignty. Native title, as it is called, therefore survives across Australia. Governments must take it into account in making land use decisions.

Native title is a communal title, comprising a bundle of rights with respect to land or waters. It is recognised if, under traditional laws and customs, the claimants can show a continuing connection with the land. As well, native title must not have been extinguished by any inconsistent government act. For instance, granting a freehold interest wipes out native title.

Native title is different in different circumstances. It may allow people to fish in a river, or to hold a ceremony at a particular place. Two or more indigenous communities may share native title over a particular place. Native title may also amount to the equivalent of absolute possession, including the right to exclude other people. The full range of native title rights across the country may be recognised by agreement or by the courts over time.

Native Title Act

The Native Title Act 1993 (Cth) resulted from intense negotiations between indigenous groups and the Commonwealth Government after the Mabo decision. It provides a scheme for:

• the recognition and protection of native title;
• validating previous grants of title inconsistent with the continued existence of native title;
• validating future acts which may affect native title; and
• achieving court determinations of the existence of native title.

The legislation seeks to clarify the native title process. The Act creates the National Native Title Tribunal, which may attempt to resolve disputes over native title by mediation. The Federal Court is to decide disputed native title matters.

Some issues remained unresolved, including:

• What is the content of particular native title?
• What evidence is needed to substantiate a claim for native title? How does a group show a continuous connection to land?
• Which acts of government have extinguished native title?

The Wik decision

The issue of whether a grant of a pastoral lease by a government extinguishes native title was dealt with in December 1996 by the High Court in the Wik case (Wik Peoples v Queensland (1996). The Court decided that native title could co-exist with pastoral leases in Cape York; their grant does not extinguish all native title rights. If there is a conflict over what activity is allowed between the two co-existing holders of rights, those allowed by the grant of the pastoral lease prevail over those conferred by the underlying native title.

While the pastoral lease is unaffected by traditional rights over land, some native title rights survive. These might include rights to perform ceremony, or to gather foods or medicines.

In Queensland and Western Australia, in particular, some pastoralists claimed that the Wik decision left an unworkable situation that had to be resolved by further Commonwealth legislation. After two years of intense political discussion and the longest debate in its history, the Senate passed the Native Title Amendment Act (1998) (Cth). Among other things, it allows the upgrade of activities that can be undertaken on pastoral leases, without regard to native title issues.

Although the Wik decision has little direct impact on the ACT, the Native Title Amendment Act has major effects on native title in the Territory. Any freehold title or exclusive lease is deemed to have extinguished native title. The Act excludes any consideration of native title from processes and decisions concerning land use in respect of reserves, including national parks, and water, which contain most of the land potentially subject to native title in the ACT. The scope and effect of the right to negotiate is reduced, and the balance of rights set out in the Act is shifted away from protection and recognition of native title.

More recent High Court decisions, such as Western Australia v Ward (2002), have clarified what it takes to extinguish native title. In order to determine whether native title rights have been extinguished it is necessary to identify the native title rights and compare them with the particular rights granted, for example, by a pastoral lease, by a mineral lease, or by the creation of a reserve. Native title is extinguished to the extent of inconsistency between the rights. Thus, native title can be wholly or partially extinguished.

To be recognised by the common law, native title rights must be in relation to land. Thus, maintaining or protecting Aboriginal cultural knowledge cannot be protected as a native title right.

The Yorta Yorta decision

The High Court decision in Yorta Yorta v Victoria (2002) has substantial implications for the recognition of native title in parts of Australia (like the ACT) where non-indigenous settlers have been for a substantial period of time.

In that case, the High Court said that in order to establish native title, claimants must show that:

• as a society they have traditional laws and customs in relation to land that are substantially identical with those that existed at sovereignty, in 1788; and
• the observable activities of the claim group are more than coincidental; that is they must be based on traditional laws and customs that have a "normative" content. This means that the traditional laws and customs must guide the behaviour of the group.

Effectively, if an Aboriginal society ceases to exist as a society, the laws and customs that support native title rights also cease to exist.

This decision means that native title claimants in more settled parts of Australia, such as the ACT, might find it very difficult to establish that they have native title.

However, another option is for government, and other parties, to negotiate towards non-native title outcomes, that is, land justice outcomes not based on recognition of native title. Such outcomes might include a role in management of land and waters, grants of freehold, and compensation for loss of native title rights and interests. See for example Non-native-title arrangements in the ACT.

Native Title in the ACT

Native title legislation in the ACT

The Native Title Act 1994 (ACT) ('ACT Native Title Act') confirms Crown ownership of all natural resources, rights to use, control and regulate the flow of water and existing fishing access rights; as well as existing public access to and enjoyment of waterways, beds, banks and foreshores of waterways and areas that were public places as at 31 December 1993. Section 7 of the ACT Native Title Act validates acts carried out before 1 January 1994 (when the Commonwealth Native Title Act 1993 (Cth) came into effect).

Unlike most other jurisdictions, the ACT has not introduced legislative amendments to validate acts that took place during the period from 1 January 1994 until 23 December 1996 (when the "Wik" decision was handed down). Neither has the ACT enacted any legislation confirming extinguishment of native title by particular types of tenure.

Native title claims in the ACT

As at May 2010, four native title applications had been lodged within the ACT, all of which were claimant applications. None of these applications has been successful: two were discontinued (as part of the deal over the Namadgi Special Aboriginal Lease - see below), one was dismissed, and one was rejected.

The two discontinued claims were filed in 1996 and 1997, both on behalf of the Ngunnawal People (further details are available on the National Native Title Tribunal's website under Federal Court File Numbers ACD6001/98 and ACD6002/98). In 2001 the ACT Government entered into negotiations with the claimants with a view to reaching an agreement for the withdrawal of these native title applications. As part of the agreement, the ACT Government offered (on 1 January 2001) to grant a 99 year Namadgi Special Aboriginal Lease over Namadgi National Park -- on the condition that all native title claims be withdrawn. See Non-native-title arrangements in the ACT. The two claims were subsequently withdrawn (discontinued).

For further information on native title in the ACT, see the online Native Title Resource Guide, provided by the Native Title Resource Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS): http://ntru.aiatsis.gov.au/research/resourceguide/statesandterritories/ACT/act01.html

See also the National Native Title Tribunal's website at www.nntt.gov.au/Pages/default.aspx.

Native title representative bodies in the ACT

There is no official native title representative body in the ACT. However NTSCORP Limited (formerly New South Wales Native Title Services) provides native title services to native title applicants within New South Wales and the ACT.

Non-native-title land arrangements in the ACT

A. Proposed Namadgi Special Aboriginal Lease

In 2001, the ACT government signed an agreement with a number of Aboriginal groups, offering these groups a Special Aboriginal Lease over Namadgi National Park ( Agreement Between the Australian Capital Territory and ACT Native Title Claim Groups (2001)). The signing of the agreement was conditional on the withdrawal of two native title claims over the Park (and other areas of the ACT) - see Native title claims in the ACT.

When the agreement was signed, the parties agreed to implement interim arrangements for the involvement of Aboriginal people in the management of Namadgi National Park until the Special Lease commenced. The interim Namadgi Advisory Board was established comprising five Aboriginal members and five non-Aboriginal members. This Board concluded in August 2007.

As at February 2009 the Namadgi Special Aboriginal Lease had not yet been signed.

The terms and conditions of the Namadgi Special Aboriginal Lease will be subject to further negotiation between the Parties. The term will be for 99 years with an option for renewal at the end of that term.

Negotiations have begun between the ACT Government and the Ngunnawal people on the terms and conditions for permanent cooperative management arrangements for Namadgi National Park. The Namadgi National Park Revised Draft Plan of Management 2007 notes that Aboriginal parties to the negotiations have agreed on the matters to be subject to negotiation. These include:

• Cross-cultural awareness training for non-Indigenous people working in cooperative management
• Establishment of sites for Aboriginal cultural camps
• Traditional use of parts of Namadgi for hunting, food gathering and ceremonial purposes
• Employment and training of Aboriginal people at Namadgi
• Commercial and self-employment opportunities (research, art, entertainment and cultural tourism)

The Namadgi Special Aboriginal Lease, when signed, will provide those Aboriginal groups, party to the above agreement, with:

• a right to participate in the management of Namadgi National Park;
• acknowledgment as people with an historical association with the area;
• a right to be consulted on specific regional indigenous cultural issues; and
• a right to be consulted on the development of new legislation or amendments to existing legislation that will impact on Namadgi National Park.

The Namadgi Special Aboriginal Lease will not be a lease or licence over Namadgi National Park as defined in the Planning and Development Act 2007 (ACT) ('the Planning Act'), but an agreement about how Namadgi National Park is to be managed. The park will remain open to the public and the special lease will not alter the conservation values enshrined for the area under the Planning Act.

The ACT government has stated that the Namadgi Special Aboriginal Lease is not an agreement about native title but seeks to show a spirit of reconciliation.

(material on Namadgi National Park adapted from:

• ACT Environmental Law Handbook; and
• "Overview of native title and joint management arrangements for protected and other conservation areas in the Australian Capital Territory" compiled by Nerida Haberkern, Aurora Intern, NTRU, AIATSIS.)

B. Jervis Bay land transfer

Although the Jervis Bay Territory is not part of the ACT, the laws of the ACT apply in the Jervis Bay Territory by virtue of the Jervis Bay Acceptance Act 1915 (Cth) (so far as they are applicable and providing that they are not inconsistent with an Ordinance made for the Jervis Bay Territory). In addition each court of the ACT has jurisdiction in and in relation to the Jervis Bay Territory as if the Territory formed part of the ACT.

Ninety percent of the Jervis Bay Territory has been granted (as inalienable freehold title) to the Wreck Bay Aboriginal Community Council under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth). This area includes Booderee National Park. In December 1995 the Wreck Bay Aboriginal Community Council entered into a 99 year lease over the Park with the Director of the Commonwealth National Parks and Wildlife Service.

Other Aboriginal and Torres Strait Islander Legal Issues Affecting the ACT

Representation

A. ACT Indigenous Elected Body

The ACT Indigenous Elected Body (IEB) was established under the Aboriginal and Torres Strait Islander Elected Body Act 2008 (ACT). The first IEB was elected in June 2008. It consists of seven people who are elected to represent the interests and aspirations of the local Indigenous community. The IEB provides direct advice to the ACT Government with the aim of improving the lives of Indigenous Canberrans.

The IEB members elect, by majority vote, one member to be the Body's chair and another to be the deputy chair.

To be eligible to vote or be nominated as a candidate, a person must be an Aboriginal or Torres Strait Islander, be at least 18 years old, and be on, or entitled to be on, the ACT electoral roll.

B. United Ngunnawal Elders Council

in 2002 the United Ngunnawal Elders Council (UNEC) was formed, comprising representatives from Ngunnawal family groups.

UNEC is a significant Aboriginal body providing advice to the ACT Government in relation to heritage and connection to land matters for the Ngunnawal people. UNEC also provides advice to the ACT Indigenous Elected Body in accordance with sections 8(j) and 9 of the Aboriginal and Torres Strait Islander Elected Body (ATSIEB) Act 2008 (ACT).

UNEC is made up of representatives nominated by each of the Ngunnawal family groups. The Council meets up to four times a year in Canberra at various locations, including community-based organisations. It operates according to a charter which members of the public are free to inspect.

C. National Congress of Australia's First Peoples

The National Congress of Australia's First Peoples (a new national Indigenous representative body first announced in November 2009) has now been incorporated and eight founding directors have been appointed. A fully operational body is expected to be in place by January 2011.

The Congress' purpose and role will be as follows:

• formulating policy and advice to ensure that Aboriginal and Torres Strait Islander people contribute to and play a lead role in policy and program development on issues that affect them and that an Aboriginal and Torres Strait Islander perspective is provided on issues across government;
• advocacy and lobbying to act as a national conduit for communication between Aboriginal and Torres Strait Islander people and the government, corporate and non-government sectors; and
• ensuring the presence of, and contributing to, mechanisms to monitor and evaluate government performance to Aboriginal and Torres Strait Islander people.

The Government has also put in place the following principles for the Congress:

• It will not be another ATSIC (former national indigenous body created in November 1990 and abolished in July 2004);
• There will not necessarily be separate elections for it;
• It will have urban, regional and remote representation; and
• It will not have a service delivery role.

For further information see www.hreoc.gov.au/social_justice/repbody, and www.fahcsia.gov.au/sa/indigenous/progserv/engagement/NIRB/Pages.

Government departments responsible for indigenous issues

A. ACT Minister for Aboriginal Affairs

Aboriginal affairs is a separate portfolio in the ACT government, currently held by the Chief Minister. The minister is advised by the ACT Office of Aboriginal and Torres Strait Islander Affairs.

B. ACT Office of Aboriginal and Torres Strait Islander Affairs

The ACT Office of Aboriginal and Torres Strait Islander Affairs within the Department of Disability, Housing and Community Services:

• provides secretariat support for both the ACT Indigenous Elected Body and the United Ngunnawal Elders Council;
• provides strategic advice to the Chief Minister on issues affecting Aboriginal and Torres Strait Islander people living in the ACT; and
• coordinates a whole-of-government approach to issues affecting Aboriginal and Torres Strait Islander ACT residents.

C. Commonwealth Indigenous Affairs agency: FaHCSIA

The agency responsible for Aboriginal and Torres Strait Islander issues at a national level is the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). The Hon. Jenny Macklin MP is the current Minister for Indigenous Affairs.

Broadly, FaHCSIA 's aim is to help support Indigenous people, through:

• programs and services for Indigenous people; and
• grants and funding for organisations providing services for Indigenous people.

FaHCSIA has set up a dedicated website - www.indigenous.gov.au - to act as a gateway to information on Australian Government Indigenous initiatives and programs. There is also a wealth of information available on the Indigenous section of the FHCSIA site, at www.fahcsia.gov.au/sa/indigenous.

Heritage protection

A. ACT heritage protection

The Heritage Act 2004 (ACT) puts in place a scheme for the recognition, registration and protection of both places and objects of heritage significance, including those of significance to Aboriginal and Torres Strait Islander people. Objects and places which satisfy the criteria can be placed on the Heritage Register. Once registered, they are afforded special protection in the land planning and development process. In addition the Minister (or in some circumstances a court) can make directions, orders and/or injunctions to protect registered objects and places from being damaged. The Act also contains offences for damaging objects and places on register.

The Heritage Act 2004 (ACT) also provides an added level of protection for objects of Aboriginal heritage significance:

• Special provision is made in Part 8 of the Act for the discovery of unregistered Aboriginal places or objects. A person who discovers a place or object that he or she thinks is an unregistered Aboriginal place or object must report the discovery to the ACT Heritage Council within five working days, unless that person has a traditional Aboriginal affiliation with the land where it was discovered. The Council must arrange consultations with the relevant Aboriginal organisations and decide whether to provisionally register the place or object (s 53)
• In deciding to register or de-register an object or place of Aboriginal heritage significance, the ACT Heritage Council has specific obligations to consult with each representative Aboriginal organisation, declared by the minister under the Heritage Act (s 14).
• there are specific offences relating to the damage of Aboriginal places or objects, irrespective of whether those places or objects have been registered (s 75).

B. Commonwealth heritage protection

Places

At Commonwealth level, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) is intended to preserve and protect areas and objects that are of particular significance to indigenous Australians. The Minister for the Environment, Heritage and the Arts can make declarations to protect significant Aboriginal areas or objects if they are under threat of injury or desecration (ss 9 and 12). Contravention of such a declaration is an offence (ss 22 and 23).

Places of heritage significance to Indigenous people can also be listed on the National Heritage List, the Commonwealth Heritage List or may previously have been listed on the Register of the National Estate. For example a place that is of outstanding heritage value for its importance as part of Indigenous tradition meets the criteria for the National Heritage List.

Objects

Under the Protection of Moveable Cultural Heritage Act 1986 (Cth) there is a National Cultural Heritage Control List that sets out categories of objects that constitute the moveable cultural heritage of Australia (s 8). Moveable cultural heritage can be of ethnological, archaeological, historical, literary, artistic, scientific or technological significance (s 7). The export of objects on the control list is either prohibited, or can only occur if a permit is granted under the Act (s 9).

The Act gives effect to Australia's international obligations under the United Nations Educational, Scientific and Cultural Organisation's Convention on the Means of Prohibiting the Illicit Import, Export and Transfer of Ownership of Cultural Property. As a consequence, the Act also includes provisions for the return of moveable cultural heritage objects in Australia that have been illegally exported from their country of origin.

For further information on protection of places and objects of heritage significance to indigenous Australians, see the ACT Environmental Law Handbook Online,Chapter 9 Heritage Protection.

Racial discrimination

Anti-discrimination laws exist at both Territory and Commonwealth levels to help Aboriginal and Torres Strait Islander people who believe they may have been discriminated against on the basis of race.

A. The Commonwealth Racial Discrimination Act

Australia's first federal anti-discrimination law, the Racial Discrimination Act 1975 (Cth), protects people across Australia from discrimination on the grounds of race, colour, descent, national or ethnic origin, and immigration status.

The Act also makes racial vilification against the law. This gives additional protection to people who are being publicly and openly offended, insulted, humiliated or intimidated because of their race, colour, or national or ethnic origin.

The Act gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

Under the Act, it is against the law for people to discriminate against you in:

• employment, such as getting a job or applying for a promotion;
• education, whether at school, university, TAFE or other colleges;
• access to premises such as shops, libraries or hospitals and other buildings used by the public;
• buying goods and using services, such as being served in a restaurant or using taxis, banks and legal services;
• accommodation, such as renting a unit or house or buying and selling land;
• activities of clubs or associations, such as joining a sports club or RSL;
• Commonwealth Government laws and programs, such as voting and information in accessible formats; and
• playing sport, including when enrolling, competing or access to mainstream competitions.

The Racial Discrimination Act is administered by the Australian Human Rights Commission, which has a special Racial Discrimination Commissioner to deal with complaints made under the Act. Contact details for the Australian Human Rights Commission are at Contacts, Links and Resources. For further information see HumanRightsAndDiscrimination and the Racial Discrimination Commissioner's home page.

B. The ACT Discrimination Act

There is also anti-discrimination legislation in the ACT: the Discrimination Act 1991 (ACT).

The ACT Act prohibits racial discrimination in a list of fields very similar to that given above under the Commonwealth Racial Discrimination Act, with some additions. In the area of employment discrimination, the additional activities explicitly covered by the ACT Act include engagement as a commission agent, and engagement or employment as a contract worker. There is also explicit protection in the ACT for people attempting to enter partnerships and for people requesting information.

The Discrimination Act 1991 (ACT) is administered by the ACT Human Rights Commission, which has a Racial Discrimination and Human Rights Commissioner to deal with complaints of unlawful discrimination on the basis of race.

Contact details for the ACT Human Rights Commission are at Contacts, Links and Resources. For further information see HumanRightsAndDiscrimination and the Commission's home page.

Social Justice

A. Commonwealth Aboriginal and Torres Strait Islander Social Justice Commissioner

The position of the Aboriginal and Torres Strait Islander Social Justice Commissioner was created by the Commonwealth Parliament in December 1992 – a response to the findings of the Royal Commission into Aboriginal Deaths in Custody and the National Inquiry into Racist Violence. It was also a response to the extreme social and economic disadvantage faced by Indigenous Australians. The office of the Aboriginal and Torres Strait Islander Social Justice Commissioner is administratively part of the Australian Human Rights Commission.

Social justice is about making sure that every Australian - Indigenous and non-Indigenous - has choices about how they live and the means to make those choices. It also means recognising the distinctive rights that Indigenous Australians hold as the original peoples of this land.

The Commission's role includes reviewing the impact of laws and policies on Indigenous peoples, reporting on Indigenous social justice and native title issues and promoting an Indigenous perspective on issues. In addition, the Aboriginal and Torres Strait Islander Social Justice Commissioner monitors the enjoyment and exercise of human rights for Indigenous Australians. The Australian Human Rights Commission Act and the Native Title Act 1993 (Cth) require that the Aboriginal and Torres Strait Islander Social Justice Commissioner produces an annual Social Justice and a Native Title Report. These reports are tabled in Parliament.

This work is led by Mick Gooda, the Aboriginal and Torres Strait Islander Social Justice Commissioner.

For further information see the ATSI Social Justice part of the Australian Human Rights Commission webpage

Sentencing

A. ACT Magistrates Court - Ngambra Circle Sentencing Court

The Ngambra Circle Sentencing Court (NCS Court) is a specialised court within the ACT Magistrates Court established to sentence Aboriginal and Torres Strait Islander (ATSI) offenders who plead guilty to an offence.

Going before the NCS court is a two-step process: first, the case is referred to the NCS court; second, the NCS court hears the case and sentence is passed.

B. Referring a case to the NCS Court

An ATSI offender who has pleaded guilty to an offence in the ACT Magistrates Court may be referred by the court to be assessed by a panel of ATSI elders or community panel members, for suitability to be sentenced by the NCS court. If assessed as suitable, the offender goes before the NCS Court.

An ATSI offender who intends to plead guilty may request the Magistrate who is dealing with the matter to refer it to the NCS Court. The Magistrate or the prosecution may also request a referral to the NCS Court, but this will only happen if the offender agrees.

C. The NCS Court hearing

Who is there?

Those present include the offender, the magistrate, ATSI elders, community panel members, the prosecutor, the offender's legal representatives, the victim (where appropriate and possible), and other community members.

What happens?

Those present discuss the circumstances of the offence and how it has affected the victim, the offender and the wider community. They also discuss the offender's background and current circumstances in order to decide on the best sentence. Other things they look at are the healing process, moving on from the offence, and helping the offender address unemployment, health, education, housing, rehabilitation and other problems that may be part of why the offence occurred in the first place.

The NCS court has the same sentencing powers as the Magistrates court.

For contact details for the Ngambra Circle Sentencing Court, see Contacts, Links and Resources.

Legal advice for indigenous Australians

The Aboriginal Legal Service (NSW / ACT) Limited is a legal service for indigenous people, with several offices throughout NSW (including at Nowra, Moruya and Wagga Wagga) and one in the ACT. The offices provide:

• legal services to Aboriginal people, including children and young people, in criminal law matters;
• legal assistance (advice and in suitable cases representation) with civil law matters (for example, credit and debt, discrimination, mental health, social security) - provided through an arrangement with the Legal Aid Commission of NSW;
• a Family Law Unit;
• a Children's (Care and Protection) Unit;
• a Telephone Custody Notification Service (24 hrs): If an Aboriginal person is arrested in the ACT, he or she should request the police to telephone the ALS (NSW / ACT) so that the arrested person can speak with us, let us know of their arrest and obtain legal advice; and
• a Prisoner and Family Support Unit: Officers from the Unit regularly visit all adult correctional centres and juvenile detention centres, police stations and corrective services holding cells. The Unit also provides court support for people appearing at court, as well as escorting inmates from prisons to rehabilitation services. The Unit offers a range of supports for inmates and makes contact with families, community organisations and relevant government agencies.

There is also a Family Violence Contact and Referral Service provided by specialist women Victims of Family Violence Contact Officers, based at Grafton and Wagga Wagga, but they will also travel to other offices.

Contact details for the Aboriginal Legal Service (NSW / ACT) are at Contacts, Links and Resources. See also AssistanceWithLegalProblems.

Other sources of support and advocacy in the ACT

The Aboriginal Justice Centre provides support services to Aboriginal and Torres Strait Islander persons in the ACT criminal justice system. These services include assistance, support and advocacy on a range of issues, and prevention and case management programs to support 'at risk' and vulnerable persons. No legal advice is available.

The Aboriginal Justice Advisory Committee advises the ACT Government on justice and related matters of concern to the local indigenous community.

Winnunga Nimmityjah Aboriginal Health Services is a primary health care service initiated and managed by the Aboriginal community of the ACT and surrounding areas.

Gugan Gulwan Youth Aboriginal Corporation provides information, advocacy, individual support and referrals for Aboriginal and Torres Strait Islander young people. Support services and groups include:

• Young Men's Mentor Group;
• Young Women's Mentor Group;
• Young Mum's Group;
• School Holiday Program (at minimal cost);
• Alternate Education Program (including a Numeracy/Literacy class);
• Family Support Service (support, advocacy, Care and Protection support, case management, information and referral); and
• Drug and Alcohol Program (information, support, referral, detoxification / rehabilitation support, dual diagnosis, advocacy, case management and court support for young people aged 12 - 25 years experiencing alcohol and other drug related issues). Aboriginal and Torres Strait Islander young people are given priority. The Program also has a Friday Nite Outreach event.