New Port Lincoln Nunga Court and Aboriginal sentencing officially in South Australian judicial system in 2023

At the opening on the Port Lincoln Nunga Court in 2023 (from left) magistrate Brett Dixon, court elders Shirley Pickett, Bert Dorizzie, Warren Clements, Constance Mundy and Hayden Davey, court respected person Peta Joss, court elder Dean Miller and South Australian chief justice Chris Kourakis. 
Image courtesy Port Lincoln Times

A Nunga Court opened at Port Lincoln Magistrates Court in 2023 adding to the South Australian system of Aboriginal involvement in the justice system that was officially recognised in 2022.

Port Lincoln Nunga Court was South Australia’s fifth, with the Nunga Court already sitting in Port Adelaide and Murray Bridge, and the Narrunga Court sitting in Maitland and Yalata. The South Australian parliament passed the Magistrates Court (Nunga Court) Amendment Bill 2022, giving a formal place for Nunga Courts in the state’s judicial system.

In an Australian first, Aboriginal sentencing court days or Nunga courts started in Port Adelaide Magistrate’s Court in 1999. Aboriginal adult offenders who have pleaded or been found guilty of a criminal offence could choose to be sentenced on an Aboriginal court day. On that day, an Aboriginal elder or respected person could sit with the magistrate and advise on relevant cultural and community matters that should be considered in the sentencing process.

Aboriginal court days or Nunga courts provided Aboriginal defendants with a culturally-appropriate sentencing option. This aimed to overcome cultural barriers to understanding the law, court practice and procedure. It sought to build relationships with Aboriginal communities and organisations, reduce offending, and provide outcomes for Aboriginal defendants through referrals to medical, mental health and other rehabilitation.

Sentencing was less formal. All participants (including the magistrate) sat on the same level. Victims, family and community members were encouraged to attend the court and to take part. An Aboriginal justice officer guided and supported defendants, their families and the community on court process and outcomes (including reminders of court days and times, and understanding of bail and bond conditions).

The judgement in R v Wanganeen (2010) was a turning point in recognising the value of Aboriginal sentencing conferences in providing a cultural context that wasn’t available otherwise. South Australian court system had been failing to cope, especially in regard to interpreters, with the big rise in Anangu Pitjantjatjara men and women defendants. At 3% of the population, Aboriginal people accounted for more than a quarter of people in prison.