Social Welfare Policy:

Reducing over-representation and recidivism of Indigenous offenders through

culturally informed post-sentence residential reintegration support.

Hughes S

This document is confidential.

If you have received this document in error, please disregard, delete, and immediately notify the writers:
hshurie@deakin.edu.au

This document has been created for educational purposes and does not reflect the views, opinions or direction of the Australian Federal Government, State Governments or local councils nor any affiliates thereof.

The writer of this document acknowledges the First Nations as the custodians of this land and pays respect to
Elder’s past, present and emerging.

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and

Engagement Strategy 2020-2021

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Policy background

Past punitive measures in the Australian justice system led to an over-representation of incarcerated Aboriginal and Torres Strait Islander (ATSI) people.
The national imprisonment rate of Indigenous people is 13 times higher than the rate of non-Indigenous people1, with Western Australia hosting the
highest imprisonment rate2. The Western Australia State Government (WA Gov) in partnership with local government funded non-profit organisation
Transitional Responsibility and Interactive New Engagement Reintegration Strategies (TRAINERS), commissioned the services of McBeath and Shurie (M&S)
for strategic consultation regarding the introduction of a post-sentence reintegration facility for Aboriginal and Torres Strait Islander offenders to the
township of Busselton, WA. The introduction of this proposed post-sentence facility supports the WA Premier’s priority to reduce ATSI
overrepresentation by 23% across the next decade3. The policy itself has been developed after careful analysis of recent similar policies that have been
rolled out in both Victoria and New South Wales.

Policy overview

Named after its core values, Responsible, Inclusive, Versatile, Engaged Reintegration Services (Rivers) is designed to reduce recidivism through education,
intensive treatment, social support and job stability in the ATSI demographics. The proposed site for RIVERS is situated on the south side of the Sabina
River in Busselton on Government owned property off Bussell highway. The facility design reflects an open campus facility, with ten single bedrooms in
a shared dormitory complex, and 10 two-bedroom units offering a maximum capacity of 30 residents spread around the central communal services
building for clients. The support services will include housing and job support, focused rehabilitation and protective interventions, and couples and
family counselling. The delivery of services are anticipated to commence from March 2021 and will be available to all residents, and to post-sentence
community members residing in their community accommodation. The inclusion of non-residential community members to group sessions will increase
social engagement and offer positive role modelling within the community once clients have completed their programs. All treatment services and
activities will be co-designed by a multi-disciplinary team including WA Gov Aboriginal Justice Department, the local Indigenous elders, and
Indigenous identified mental health professionals to ensure all cultural needs are identified and met. WA Gov perceive negative push-back from the

1 Commonwealth of Australia (2016) Aboriginal and Torres Strait Islander experience of law enforcement and justice services. 4.5
2 Commonwealth of Australia (2016) Aboriginal and Torres Strait Islander experience of law enforcement and justice services. 4.7
3 Government of Western Australia (2019) Aboriginal Wellbeing: Reducing the overrepresentation of Aboriginal people in custody – Fact Sheet

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local community ranging from ill perceptions of having such facility operating to the type of clients accessing the services. This is turn will require
Busselton local council to embrace effective strategies that maintain positive relations with their constituents.

Engagement Strategy 2020-2021

Engagement is ‘’the process of working collaboratively with and through groups of people affiliated by geographic proximity, special interest or similar
situations to address issues affecting the wellbeing of those people”4. Thus, this engagement strategy is based around the idea of having a purposeful
process that is planned where both stakeholders and people from the communities of Busselton work together. Taking this collaborative approach then
enables a more inform decision making around services to resolve issues. Henceforth, for the RIVERS program to be impactful and achieve its overall
goal of reducing recidivism in the community it must have clear engagement strategy. Moreover, the strategy must be underpinned by understanding
the purpose of the program and communicating this to all stakeholders so that they have awareness of the stage of the engagement process including
when their meaningful involvement is required.

Method and Approach

The RIVERS engagement strategy is built on and adapted from the public participation approaches outlined by the International Association of Public
Participation (IAP2); reports from the WA Gov Indigenous Department and United Nations Brisbane Declaration on Community Engagement
(International Conference on Engaging Communities, 2005) which aims to strengthen transparent decision-making in the public interest; and the
Victorian Department of Justice and Community Safety Aboriginal Justice Agreement, which outlines specific and culturally appropriate engagement
strategies identified by self-representing members of the ATSI community regarding Government, offenders, Aboriginal over-representation, and
society. Briefly, the IAP2 is an international organisation and works to promote the practice of public participation. The IAP2 methodology5 (Figure 1) is
strengthened by the foundation values that are aimed at ensuring organisations make better decisions that align with the interests as well as the
concerns of potentially affected demographics.

4 US Department of Health and Human Services (2011)

5 International Association for Public Participation (2019) IAP2 Spectrum of Public Participation
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(Figure 1)

As can be seen in the IAP2 engagement framework is on a spectrum ranging from low level engagement e.g. consultation to high level strategies e.g
empowerment6. An important factor to note about this spectrum is at which level power lies. Power in this context of engagement can be understood as
whom or what entity ultimately has the final decision making capacity. To illustrate this point better; in the first three levels (inform, consult and
involve), decisions are primarily made by the experts of professionals undertaking the engagement tasks. At the fifth level (empower), citizens and
targeted demographic are the final decision makers. Therefore, real sharing of power occurs at the fourth level (collaborate) – i.e. the capacity for

6 Doherty, W.J & Beaton, J.M (2000). Family therapies, community and civic renewal. Family Process, 39 (2), 149-161

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decision making is distributed equally among all shareholders. Thus, collaborative partnerships must be formed when working with disadvantaged or
marginalized communities7 and when addressing complex problems8. Therefore; clients from ATSI background must be meaningfully engaged for the
RIVERS program to be beneficial. As such, the nonprofit organization TRAINERS has been and will continue to be proactive in seeking out the values,
aspirations and concerns of the clients. TRAINERS will take the necessary steps to make sure that those values, aspirations and concerns are integrated
into the decision making process and to establish close relationship with all stakeholders, particularly Undalup Association (UA) and Nangoon Elders to
shape the RIVERS service delivery. The engagement model below (Figure 2) is an overview of the closely linked elements that make up the RIVERS
engagement approach.

(Figure 2)

7 Vinson, T (2009). Markedly socially disadvantaged localities in Australia: Their nature and possible remediation. Department of Education, Employment and Workplace Relations. Canberra, ACT
8 Lenihan, D. (2009) Rethinking the public policy process: A public engagement framework. Ottawa, Canada: Public Policy Forum

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In this step of the process, TRAINERS will implement the RIVERS engagement Strategy, engage with both stakeholders and community and use the
results from engagement activities to inform evidence based decision-making. The Busselton community is diverse and will have many differing
opinions and views about the proposed RIVERS facility and associated services. People from ATSI backgrounds will strongly be encouraged to play a
vital role in terms of contributing to the decisions made around the program. Through all engagement activities, RIVERS and Busselton local council
will encourage the open expression of these views. The effectiveness the RIVERS engagement Strategy will be determined by opportunities given to all
stakeholders and the community to participate in decision-making and the extent to which strategy induces better decisions and outcomes for all
involved. The engagement strategy will be deemed successful when all the objectives outlined have been achieved and the community fully supports
the construction of the RIVERS facility and treatment program including services commences for clients.

Scope, purpose and goals

TRAINERS aims to embrace efficient engagement to ensure we can collectively gain the support needed to construct the RIVERS facility on the south
side of the Sabina river in Busselton and commence delivering RIVERS program by early 2021 . Therefore, TRAINERS will be working closely with
relevant stakeholders highlighted below to ensure our conversations about the future of RIVERS program focuses on the big picture, aligning planning
and service delivery. Our focus in terms of engagement through to finalisation of RIVERS program will be on:

 Accurately assessing the level of community impact and interest to determine when to engage
 Ensuring we provide information to stakeholders and the community about how we used their feedback to shape the RIVERS service delivery
 Providing opportunities for conversations about potential issues affecting people living in the Busselton local council area in the lead up to the
finalisation of the facility construction and service delivery
 Implementing engagement activities around the RIVERS program during the review period

Stakeholders and their roles

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TRAINERS and Busselton local council will provide anyone in the community that feels they will be impacted by the RIVERS program and its
associated facility construction with the opportunity to participate at all stages of the decision making process. Successful delivery of this Strategy is the
shared responsibility of the all stakeholders involved. This shared responsibility is important and is embedded into the objectives of the program to
ensure all concerns are considered and addressed before making decisions. TRAINERS and the Busselton Council will seek to ensure views from a
cross-section of the community are collected that are relevant to the decision. This will therefore mean we will proactively seek out the views of those
whose voices are not often heard. TRAINERS will actively listen to and record what has been provided during the engagement process. At agreed
points, both Busselton local Council and TRAINERS will report back to the community the results and outcomes of engagement and how decisions were
influenced. This process will enable TRAINERS to gain the information required to inform decisions and provides an opportunity to engage with and
learn from our community.

TRAINERS will liaise with and develop partnership with the following key stakeholders who are empowered to influence the decision making process
throughout the RIVERS program lifecycle:

 Undalup Association (UA) – ensure culturally secure and appropriate program

 Nangoon Elders - ensure culturally secure and appropriate program
 Busselton Local Council –makes decisions considering community input and other financial, legislative
and environmental factors. Councilors also undertake ongoing engagement with the community in their role
 WA Gov Indigenous Department - evaluates and informs our Engagement Strategy
 WA Health, Government of Western Australia - makes decisions considering community input and other financial, legislative
and environmental factors,
 City of Busselton constituents – Providing input and informs our Engagement Strategy
 South West Aboriginal Medical Services (SWIMS) – Coordinate treatment when required
 WA Victims of Crime department – Providing input on crime statistics and other relevant information
 WA Police Force - Providing confidential client files and other relevant information
 WA Ambulance - Providing confidential client files and other relevant information
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 Department of Fire and Emergency Services - Providing confidential client files and other relevant information

TRAINERS aim to gain in depth involvement from the stakeholders identified above by:

 Creating protective factors and minimise risk factors – engage with local health care providers, mental health professionals, in-house carer
services, justice centre, etc to create network of support for both the NGO staff and the future clients utilising NGO reintegration services
 Creating public awareness campaign regarding protective factors to minimise concerns prior to the “Inform” general public stage
 Utilising randomly sampling techniques in some engagement activities to ensure the we capture a wide range of voices
 Designing activities to include members of the Busselton community and ATSI people
 Ensuring ATSI communities are engaged and are able to contribute at all stages of the program

TRAINERS will do this by:

 Being respectful - We will engage with community groups, Culturally and Linguistically Diverse People (CALD) people, ATSI people,
government organisations in respectful manner
 Being inclusive- We make sure to have diverse groups of people from the informing stage to the empowering phase
 Being transparent - we will inform all stakeholders at all stages and be accountable for the engagement process
 Using evidence based strategies including the AIP2 methods and Local Council engagement strategies
 Evaluating – TRAINERS evaluates the effectiveness of its engagement to ensure we can continually improve and innovate. We will use key
performance indicators and assess our engagement practice against these indicators throughout
 Respect the diverse views and experiences of our community; and monitor and adjust if needed

Identified Objectives and Corresponding Engagement Strategy

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1. ATSI self-representation in the development and delivery of facility programs

Commitment to self-representation, and residential connection to country and culture. This will be achieved through collaborative working
relationships between the Wadandi tribe and the WA Government. Recommendations to the WA Gov Aboriginal Wellbeing Officer re contact with the
Undalup Association (UA) to create a sustainable participatory partnership with local Elders to ensure cultural support, and increase levels of
Aboriginal employment within the City of Busselton. This ensures self-determination within the RIVERS program.

Stakeholder/Activist Engagement Purpose Engagement Technique Response Partner Cost Result

Undalup Association Collaborative partnership to
(UA) ensure ATSI self-
representation throughout
project development and
delivery
Nangoon Elders Ensure support of local ATSI
tribes; create community
support for reintegration;
ensure regionally appropriate
programs and delivery; form
spiritual and kin network for
residents; enable connection to
country and culture
South West Aboriginal Ensure resources are available
Medical Services for appropriate medical
(SWAMS) treatments for clients.
Forward project outline and Meeting held WA Gov NIL Partnership formed;
request meeting with UA Indigenous networks created
strategic communications Department -
rep, and clinical services Aboriginal Welfare
manager. Officer (AWO)
Forward project outline and Meeting held AWO NIL Support confirmed
request meeting with UA reps
Nangoon Elders
Forward project outline, Meeting held with Business AWO $1.5 m Treatment
hold discussions with Services Manager and UA reps annually agreement contract
management and provide approval from management Nangoon Elders developed, tender
detailed projections received for additional
including anticipated funding requested
number of clients/patients
and their treatment needs
including chronic illnesses

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Breakaway Aboriginal Breakaway Strategic Forward project brief and Meeting held with SCM and AWO $800k Breakaway SCM to

Services Communications Manager to request meeting PDAF UA rep annually update project
managers re Aborigine
discuss project brief with Nangoon Elders
community response;
Indigenous community; SWAMS rep
PDAF partnered with
Breakaway Programs
SWAMS re clinical
Developers and Facilitators to
model for program
develop program focused on development
empathy and insight into
victim experience
Ice Breakers Partnership for substance Forward project brief Meeting held with Business AWO $450k Partnership formed
dependency programs including updated Services Manager UA rep annually and services offered
partnership with SWAMS Nangoon Elders on contractual basis,
and Breakaway Aboriginal SWAMS rep internally and
Services Breakaway through external
Aboriginal Services provider during
rep transitional period

2. Gain support from the City of Busselton

Stakeholder/Activist Engagement Purpose Engagement Technique Response Partner Cost Result

Busselton Council Receive support from Write to request meeting Meeting held NA NIL Partnership formed
Members Busselton Councilors
City of Busselton Focus on positive tourism Write to request meeting Meeting held Busselton NIL Partnership formed
Council Workers drive and reputation of Councilors
township
Tourism Board of Tourism board; local business Write to request meeting Meeting held Busselton NIL Partnership formed
Busselton owners including retail, Councilors
hospitality, accommodation

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etc.
City of Busselton Receive support by focusing Write to employment Meeting held Busselton NIL Partnership formed
Employment Agencies on expansion of placement agencies request a meeting Councilors
opportunities for local
students; increasing Busselton
as a choice for placement or
employment for people
residing elsewhere; increasing
local employment
opportunities through the
construction, maintenance,
administration and clinical
needs of the facility

3. Ensure protective factors are in place to reduce recidivism

Stakeholder/Activist Engagement Purpose Engagement Technique Response Partner Cost Result

WA Victims of Crime Ensure project aligns with WA
department Victims of Crime processes
WA Police Force Memorandum of
Understanding (MOU)
Forward project outline; Received written response; WA Gov Laws NIL TBC
request confidential audit of audit request pending Office rep
WA Victim Impact
Statements to ensure project
aligns with current process
and procedure
Request meeting to outline Video-link conference with WA Gov Laws NIL MOU in draft
terms and conditions for WA Police Force Deputy Office rep
emergency response to Commissioner, Busselton
residents within facility or Captain, WA Gov Legal
community clerk and RIVERS reps

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WA Ambulance MOU
Department of Fire and MOU
Emergency Services
WA Justice Service Ensure appropriate justice and
Centres security staff are available for
internal case management,
activity facilitation, and
external escorts within the
community
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including WA Gov AWO
Request meeting to outline Meeting with WA WA Gov Laws NIL MOU in draft
terms and conditions for Ambulance Coordinator for Office rep
emergency response to the City of Busselton
residents within facility or
community
Request meeting to outline Meeting held with WA Fire WA Gov Laws NIL MOU in draft
terms and conditions for and emergency Services Office rep
emergency response to Dept. Commissioner and
residents within facility or local Fire Station
community Coordinator
Send project brief and Approved Internal NIL In process
request WA Justice Service communications
branch tailor specialized
training to current staff, and
create on-boarding training
program for new employees

4. Garner public support

Stakeholder/Activist Engagement Purpose Engagement Technique Response Partner Cost Result

City of Busselton Inform the local community Public campaign focused on TBC All internal TBC TBC
constituents of facility and program the community benefits of stakeholders
plans RIVERS for Busselton:
Dedicated website
Local council website
State Department website
Social Media

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City of Busselton Address the containment of
constituents risk factors, and focus on
community safety
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Local advertising
Radio advertising
Host public panel including TBC All internal TBC TBC
Q&A on the benefits of the stakeholders
new facility for the
community; and the
boundaries and security
measures placed on the
participants and programs

5. Achieve program effectiveness through continuous improvement

Once this engagement strategy is implemented, RIVERS will monitor the effectiveness of the different activities and the appropriateness of the
participation from stakeholders and the community after a period of 6 months, and annually thereon. Using this information, TRAINERS will review,
reassess and adjust engagement activities, timelines or other factors if required to improve the process. TRAINERS plan how each engagement process
will be monitored and reviewed to gather the relevant facts to enable for thorough assessment of the value of all of the engagement activities.
TRAINERS will take a holistic approach to data monitoring and evaluation, and aims to obtain both qualitative and quantitative data are used to
evaluate the purpose, process and participation from all parties involved. The engagement strategy will be successful once the level of satisfaction with
the process receives a score in the Engagement Satisfaction Survey that is in line with, or better than, industry benchmarks.

Stakeholder/Activist Engagement Purpose Engagement Technique Response Partner Cost Result

All stakeholders Gauge satisfaction levels Online survey TBC NA NIL TBC
Internal stakeholders Measure reality v expectations Internal briefings TBC Internal HR NIL TBC

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Statement of Contribution

Currently employed with the Department of Justice and Community Safety in a front-line role, and having been previously employed as a private
contractor with Victims of Crime, Regena was able to offer insight into the statistics and recidivism services surrounding ATSI over-representation. Prior
and current experience working on small-scope community projects provided Regena an understanding of local engagement strategies proven to
receive community support for offender-related initiatives. Experience working on policy and Local Operating Procedure’s offer Regena the ability to
research and develop the policy background and overview, and make equal contribution to the engagement strategy.

Currently employed with Department of Justice Western Australia and AnglicareWA in a front-line role as a Program Coordinator, and with previous
experience in Mental Health, Indigenous Family Domestic Violence and Migrant social integration services. Hassan was able to offer insightful and
appropriate knowledge into current issues and challenges faced by ATSI populations in regional areas. Hassan identified social, financial and cultural
obstacles acting as pathways to offending, and provided an outline of service provision requirements within a culturally informed framework to best
suit the demographic and project. Hassan drafted the strategy and approach overview, and contributed equally to the engagement strategy.

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Bibliography:
1. Department of Justice and Community Safety (2019) Aboriginal Justice Agreement – Fourth Version. Aboriginal Department, Department of Justice and
Community Safety. State Government of Victoria. Retrieved from: https://www.aboriginaljustice.vic.gov.au/the-agreement/the-victorian-aboriginal-justice-
agreement

2. Australian Bureau of Statistics (2017) 2016 Census Quick Stats: Busselton. Australian Bureau of Statistics. Retrieved from:
https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/UCL512002

3. Australian Bureau of Statistics (2018) Aboriginal and Torres Strait Islander Prisoner Characteristics. Australian Bureau of Statistics - Snapshot. Retrieved from:
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prisoner%20characteristics%20~13

4. Commonwealth of Australia (2016) Aboriginal and Torres Strait Islander experience of law enforcement and justice services. Parliament of Australia. Report.
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5. Commonwealth of Australia (2017) Pathways to Justice: Enquiry into the Incarceration rate of Aboriginal and Torres Strait Islander Peoples. Australian Law
Reform Commission. ALRC Report 133. Brisbane, QLD.

6. Cousins. R (2017) Mental Health Workshops Project Plans. Undalup Association Inc. Busselton, WA. Retrieved from: https://www.undalup.com/partnership

7. Doherty, W.J & Beaton, J.M (2000). Family therapies, community and civic renewal. Family Process, 39 (2), 149-161

8. Government of Western Australia (2019) Aboriginal Wellbeing: Reducing the overrepresentation of Aboriginal people in custody. Western Australian State
Government, Department of Premier and Cabinet. Retrieved from: https://www.wa.gov.au/government/our-priorities-sharing-prosperity/aboriginal-wellbeing

9. International Association for Public Participation (2019) IAP2 Spectrum of Public Participation. Retrieved from: https://iap2.org.au/resources/spectrum/

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10. Lawrence Consulting (2016) City of Busselton Economic and Demographic Profile. City of Busselton. City of Busselton, Busselton WA. Retrieved from:
https://www.busselton.wa.gov.au/files/sharedassets/public/ecm/eco_busdev/economic_demographic_profile_june_2016.pdf

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https://www.postsentenceauthority.vic.gov.au/what-we-do/monitoring-the-system

13. The Serious Offenders Act 2018 (Vic) 27/2018 (Austl. Cth.)

14. Tubex. H, Blagg. H, and Tulich. T (2018) Western Australian Penal Culture and Indigenous Over Representation: Evaluating 25 years of law, policy and
practice. University of Western Australia Law Review. Retrieved from: https://www.indigenousjustice.gov.au/resources/western-australian-penal-culture-and-
indigenous-over-representation-evaluating-25-years-of-law-policy-and-practice/

15. U.S Department of Health and Human Services (2011). Principles of community engagement (2 nd edition). Washington DC

16. Vinson, T (2009). Markedly socially disadvantaged localities in Australia: Their nature and possible remediation. Department of Education, Employment and
Workplace Relations. Canberra, ACT

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