The ODPP is committed to advocating for the improved experiences of First Nations people within the criminal justice system. Find recent examples of our external engagement here.
Senate Inquiry
In July 2023, the Director of Public Prosecutions, Sally Dowling SC, gave evidence to the federal Senate Inquiry into Missing and Murdered First Nations Women and Children. The Director was invited to give evidence by the Senate Legal and Constitutional Affairs References Committee. Topics for discussion included prosecutors' policies and practices relating to cultural awareness and cultural safety; policies and practices when liaising with First Nations victims and their families, including communicating about the progress of cases and the bases for decisions and decision-making; and the various evidentiary and judicial processes that could be used to promote cultural safety and wellbeing. During her evidence, the Director reaffirmed that a priority of her directorship is ensuring that the ODPP better serves First Nations witnesses and victims, and that ODPP legal staff have a thorough understanding of trauma-informed practice. The Director’s evidence can be viewed through accessing the hearing transcript via this link.
Sydney Morning Herald – Prosecutions ‘frequently terminated’ to avoid harming First Nations victims: DPP
In September 2023, the Director was interviewed by Michaela Whitbourn of the Sydney Morning Herald about the experiences of First Nations victims and witnesses in the criminal justice system. The article that followed this interview can be accessed via this link.
Prosecution team in historic first
When ODPP solicitor Zachary Wone instructed Crown Prosecutor Damian Beaufils in Parramatta District Court on 30 November 2023, it marked a significant event.
The special hearing was the first prosecution conducted in NSW by a First Nations solicitor and Crown Prosecutor team.
Mr Beaufils is a Gundungurra man and is based at the Parramatta office. He is Deputy Chair of the NSW Bar Association's First Nations Committee and is on the Bugmy Bar Book Project Committee.
Mr Wone, a Kabi Kabi and Australian South Sea Islander man, recently joined the Parramatta office after working for Legal Aid NSW. His pathway to the ODPP included being mentored by Crown Prosecutor Guy Newton SC as part of the ODPP’s First Nations Mentoring Program.
The ODPP congratulates Mr Beaufils and Mr Wone on their roles in this historic prosecution for the Office and for NSW.
Senate Inquiry acknowledges the “positive and proactive work” of the NSW ODPP
Inquiry into missing and murdered First Nations women and children urges other jurisdictions to follow our lead
The NSW ODPP’s “positive and proactive work” to improve engagement with First Nations families has been acknowledged by the Senate Inquiry into missing and murdered First Nations women and children, which urged other jurisdictions to follow our lead.
First Nations women and children are murdered or reported missing throughout Australia at an alarming and disproportionate rate. The ODPP acknowledges and pays our respects to the First Nations children, families and communities who have lost loved ones to such violence.
In August 2022, the Senate referred an inquiry into missing and murdered First Nations women and children to the Legal and Constitutional Affairs References Committee for inquiry.
Director Sally Dowling SC gave evidence to the committee in July 2023 about the importance of improving the experiences of First Nations witnesses and victims of crime during their interactions with the criminal justice system. She spoke about the ODPP’s mandatory cultural awareness training, the importance of a trauma-informed approach to prosecutions, and about how distinct sociolinguistic tendencies of First Nations people and other cultural factors may affect their evidence or how the Court engages with the First Nations witnesses and victims
After giving evidence, the Director was invited to make recommendations to the Inquiry about how the court experiences of First Nations witnesses could be improved. The recommendations included mandated judicial training on First Nations cultural safety, implementation of “Mildren directions” to assist juries in assessing the evidence of First Nations witnesses, expanded expert evidence exceptions and the legislated use of Witness Intermediaries for vulnerable First Nations witnesses.
The committee’s report, tabled in the Senate on 15 August 2024, made 10 recommendations and references the important work of the NSW ODPP, our Witness Assistance Service, our Prosecution Guidelines and our Victims’ Right of Review Policy.
The report noted:
“The committee was very pleased to hear of the positive and proactive work by the Directors of Public Prosecution (DPPs) in New South Wales (NSW) and Western Australia (WA) to improve their engagement with First Nations families, particularly with respect to decisions made by prosecutors.
“While there is more work to be done to ensure First Nations families are engaged in effective and purposeful ways by public prosecutors and coroners, the committee commends the DPPs in NSW and WA and the coroners in NSW and Queensland for taking these important first steps. The committee urges other states and territories to follow this lead. The barriers to First Nations people being able to fully participate in the justice system and receive the justice to which they are entitled must be removed.”
The Director reaffirmed the ODPP’s commitment to improving the experiences of First Nations people in the criminal justice system, and to supporting the Inquiry’s recommendations wherever possible. “The ODPP has an important role to play in ensuring that First Nations victims and witnesses feel culturally safe and supported during their interactions with the courts,” she said.
The ODPP's report, 'Improving the wellbeing and safety of First Nations complainants and witnesses in the criminal justice system', can be found here: First Nations Report for Senate - July 2023.
Lauren Davies
