Federal funding saves Indigenous Custody Notification Service

The federal government has stepped in to fund the Aboriginal Legal Services' Custody Notification Service until 2019, while chastising the NSW government for not stumping up the money itself.

A young girl holds a sign calling for a custody notification service as around 100 people rallied in Perth's CBD on August 4, 2015.

A young girl holds a sign calling for a custody notification service as around 100 people rallied in Perth's CBD on August 4, 2015. Source: AAP

The Aboriginal Legal Service has welcomed a $1.8 million cash injection to keep the Custody Notification Service operating in the New South Wales and the ACT.

The federal government stepped in to fund the service, which operates as a 24/7 legal advice and RU OK phone line for Indigenous people, until June 30, 2019.

The CNS was due to run out of government funding on December 31.

"We are pleased the Australian government has taken into account all the evidence demonstrating the success of the Custody Notification Service in NSW and ACT," ALS chief executive Gary Oliver said.
"If a loved-one is picked up by police, families have a very real fear of the person not being treated for health or other concerns while in custody.

"This was the case before the Royal Commission into Aboriginal Deaths in Custody and remains the case today as we note the recent and very sad passing of Ms Dhu in Western Australia. All of this means a family’s fear never really goes away.

“That’s why the CNS is so important because it provides a safeguard against preventable deaths in police cell custody."

No Indigenous person has died in custody in NSW or the ACT since the introduction of the CNS.

Federal Indigenous Affairs Minister Nigel Scullion issued a statement saying the funding would provide certainty for the "critical service" and expressed disappointment over the NSW government's refusal to cover the cost.

"I have been trying to get the NSW government to fulfil its responsibilities in relation to this matter," he said

"I am disappointed the NSW Attorney-General, Gabrielle Upton, has refused to even share the cost of the CNS. Given the NSW government is responsible for the criminal justice system and welfare and safety of any person taken into custody in that state, it staggers me the NSW Attorney-General can ignore her government’s statutory obligation to provide this service.
"Even though the CNS has been funded by the Australian Government for seven years, it is not acceptable for the NSW Government to wipe its hands of its responsibility."

Mr Scullion said he would look at redirecting existing funding allocated to the NSW government to go to the CNS.

The ABC reported Ms Upton welcomed the funding and said: "Given the Commonwealth is responsible for Indigenous Affairs under the Constitution, they have always funded the CNS".

The CNS costs $5326,000 per year to run, which cover six solicitors working around the clock without penalty rates and an administration officer.

"We happily accept the Australian government’s offer of triennial funding for the CNS, and we say thank you," Mr Oliver said.
"Aboriginal families who are at the coal-face can remain assured that a person’s legal, health and welfare concerns in custody will be addressed to the best of our abilities via the CNS, continuing the recommendation of the Royal Commission. 

“We look forward to signing off on this arrangement with the Australian government at the earliest possible date."

Mr Oliver thanked Mr Scullion and other members of parliament and senators and the Australia community for their support of the CNS.


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