AboriginalJustice

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

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.

Other related ADELAIDE AZ articles

Australia's longest-serving solicitor Max Basheer rose to national prominence as South Austraian National Football Leaue president for 25 years, honoured in the Australian Football League hall of fame in 2005 (at left) and with a grandstand named after him at Adelaide Oval. Bottom right: Basheer (seated, centre) as chairman of the first interim Adelaide Football Club board.
Justice >
Max Basheer, longest serving solicitor in Australia, honoured for key South Australia role as football president
READ MORE+
South Australia’s Victims of Crime Fund provides the cost of court companions to support victims and their families during court cases in the metropolitan and regional areas.
Justice >
Victims of Crime Fund, started in the 1980s in South Australia, hits a near-record surplus of $193 million in 2023
READ MORE+
The strong bond between Strickland Gough Kingston ("Paddy') and his brother Charles Cameron Kingston ("Charlie") was long symbolised by two Norfolk Island since being planted in 1865 and named after them by their father George Strickland Kingston, at the base of the cliff stairs leading to the family property, Kingston House, on Adelaide's coast.
Kingston >
S.G. Kingston, brilliant lawyer brother of South Australian premier, in jail for stupid act, 1884; suicides over lost case
READ MORE+
Howard Zelling was chairman of the South Australian Law Reform Committee for more than 20 years. Inset: The Mail in Adelaide headlines his potential genius as an eight-year-year-old in 1925.
Childhood >
Howard Zelling: 'Boy wonder and potential genius' gives 50 years high-level service to the law in South Australia
READ MORE+
As Port Adelaide Football Club's Indigenous programmes director, Paul Vandenbergh grew the Aboriginal Power Cup from 10 participating schools to more than 75 schools across South Australia.
Aboriginal >
Paul Vandenbergh's link from Port Adelaide club between education and sport for Aboriginal youth keeps growing
READ MORE+
Andrea Mason was CEO joined the Ngaanyatjarra, Pitjantjatjara and Yankunytjatjara Women’s Council from 2010 to 2019.
Firsts >
Andrea Mason a force for social justice and first Aboriginal woman in Australia to be leader of a political party
READ MORE+

 

 
©2025 Adelaide AZ | Privacy | Terms & Disclaimer | PWA 1.1.58