Aboriginal and Torres Strait Islander people provided with disability support services as part of a special Queensland court have recorded a 100 per cent rate of not reoffending.
It is the first time National Disability Insurance Scheme (NDIS) services have been directly offered to offenders in the Murri Court after it was found most had some form of undiagnosed disability.
In Queensland, one in every three of the almost 9,000 people in prison is Indigenous, while making up only four per cent of the general population.
Marshall Mead and Owen Goltz both have acquired brain injuries (ABI) and were among the very first recipients of NDIS support just over a year ago after being sentenced.
Marshall, a 36-year-old Baryulgil man from Grafton in New South Wales was sentenced for assault.
Owen Goltz, left, and Marshall Mead. Source: Stefan Armbruster/SBS News
Owen, a 32-year-old from Woorabinda in Queensland, was convicted of a domestic violence offence.
“I was at the time homeless, I didn’t have any support or anything like that and it made it very hard, and that’s why I was offending,” Marshall said.
Owen said his days of offending are over after getting support from a carer.
“I don’t offend, anything like that. I now go to the beach, go into the gym. I'm having a good time and that's keeping me out of trouble.”
I didn’t have any support ... and that’s why I was offending. - Marshall Mead
Ahead of Reconciliation Week beginning on Thursday - held annually with the aim of strengthening relationships between Aboriginal and Torres Strait Islander peoples and non-Indigenous peoples - the two men returned to the Murri Court in Brisbane for all the right reasons.
They were there not to appear before magistrate Tina Previtera, but for a visit.
“Hello Mr Mead, Mr Goltz, how you going, long time no see?” Ms Previtera said as they entered Court 32, which is specially designed for the program and decorated with Aboriginal and Torres Strait Islander artworks and awards.
“I haven’t seen you in this court so you’re obviously going very well,” she said.
Neither man has reoffended despite the usual recidivism rate being 75 per cent for those convicted.
Magistrate Tina Previtera. Source: Stefan Armbruster/SBS News
“The NDIS has made a huge difference,” Ms Previtera said.
“We've got nine participants from the Murri Court who are on NDIS packages, and none of them have re-offended - and some of them have been on it for 12 to 18 months. I think that just speaks for itself.”
It also makes good economic sense, she said.
“It costs $250,000 a year to keep one prisoner. The average NDIS package is $34,000.”
It costs $250,000 a year to keep one prisoner. The average NDIS package is $34,000. - Tina Previtera, Magistrate
The Murri Court is a specialist court for Aboriginal and Torres Strait Islanders who, if they plead guilty to charges, are given special assistance to rehabilitate under the guidance of community elders.
NDIS support services are offered by provider Carers Queensland to help them comply with their bail conditions, which counts towards mitigating their sentences, and they continue to receive them after sentencing.
“They all have a past history of abuse, grief, loss, alcohol and drug use as a result of trauma, or they have head injuries from accidents, but trauma is the key that’s led them into the criminal justice system,” Ms Previtera said.
“What’s different about Aboriginal and Torres Strait people is that they’ve suffered racism and prejudice and intergenerational trauma that has been passed down due to colonisation and other government policies.”
A study three years ago found most had undiagnosed disabilities, knew nothing about the NDIS, or had difficulty applying if they did.
The men have not re-offended since getting the support. Source: Stefan Armbruster/SBS News
“This sort of work hasn’t been done before at all. We were surprised and what we found was really high rates of disability within participants who attend court,” said Colin Tidswell from Carers Queensland.
Mr Tidswell attends the Murri Court every week.
“Most of them have got a disability of some degree - 30 per cent of our participants have acquired brian injury. That means it’s also very high in the prison system.
“It’s the first time some of these people have had support in their lives.”
Mr Tidswell arranged for Marshall and Owen to be assigned carers to help them better manage their lives.
“A common reason for people to go back to jail is they don't turn up for court dates, and if you've got an acquired brain injury you can't remember when your court dates are up,” he said.
“It’s so very simple, just give people some support, which is enormous for them and also for taxpayers.”
Cutting Indigenous incarceration is a Closing The Gap target and was a recommendation of the Royal Commission into Aboriginal Deaths in Custody 25 years ago but numbers have gone up in Queensland.
“The system hasn't failed the nine people who are on the NDIS packages,” Ms Previtera said, stressing it is her view and she is not speaking for the courts.
“I’d like to think the system isn't going to fail the people that will get on those packages. The government is supportive of this program but we could use more money, we could always use more money.
“It would be great if this could be rolled out to people in mainstream courts - this isn’t just an Aboriginal and Torres Strait Islander issue.”
For Marshall, he said the support has changed his life “dramatically”.
“I’ve got some structure now. Before I didn’t have structure, not being able to go places, yeah it’s made a difference,” he said.
He now hopes to go to TAFE and study electronics.
Owen is studying his ancestry and undergoing rehabilitation after being injured.
“I hope one day I’ll get a job and do my own stuff. I’m very happy with what I’m doing with my life now.”
