From: Hailes, Sonia (SEN) on behalf of Legal and Constitutional,
Committee (SEN)
Sent: Wednesday, 1 August 2001 8:47 AM
To: Wilson, Christine (SEN)
Subject: FW: MANDATORY SENTANCING SENATE ENQUIRY



-----Original Message-----
From: aina [mailto:aina@hunterlink.net.au] 
Sent: Wednesday, August 01, 2001 7:06 AM
To: legcon.sen@aph.gov.au
Subject: MANDATORY SENTANCING SENATE ENQUIRY


1 Christie Road
TARRO     2322

Phone  :   02 4966 1766 (Home)
                 0402 225 563 (Mobile)




31 July 2001


The Secretary
Senate Legal and Constitutional Committee
PARLIAMENT HOUSE
CANBERRA   ACT  2600

Dear Sir/Madam

RE  :  MANDATORY SENTANCING SENATE ENQUIRY

I support the Private Members' Bill, introduced by Senator Brown, to ban
mandatory sentancing for all property crime, both for adults and children.

The current mandatory sentancing laws are, in effect, racist.  At a time
when the Nation should be striving for reconciliation, and indeed some of
our citizens are achieving this in a realistic manner, this law adversely
affects our indigenous population, particulary in Western Australia and the
Northern Territory.

The statistic that indigenous Australians are six times more likely, in the
Northern Territory, to be locked up, and in Western Australia 60% for young
people, than other Australians is testament to the racist nature of the
current legislation.

The mandatory sentancing laws are in clear contravention of Article 37(b) of
the Convention on the Rights of the Child and Article 14 of the
International Convenant on Civil and Political Rights.  Australia has clear
responsibilities as a signatory to these United Nations edicts.  It is an
international embarrassment that Australia is flagrantly disregarding these
responsibilities.  The discrimatory attitude that taints our National
history is being perpetuated with the current legislation.

Mandatory sentancing not only restricts the Court's capacity to ensure that
the punishment is proportional to the seriousness of the offence and that
rehabilitative options are adequately considered, the law flies in the face
of the recommendations of the Royal Commission into Black Deaths in Custody.

Have we learned nothing from our history?  It is time that our indigenous
Australians are treated with similar respect to, not only immigrant people,
but to Australians of British heritage.

From an economic point of view, there are huge costs associated with the
large increases in detention centre and prison populations.  Mandatory
sentancing has failed to be a deterrant to criminal activity and when one
looks at the relatively minor nature of the offences for which indigenous
people have been incarcerated, little opportunity exists for this situation
to be reversed.

Please, in the interests of a cohesive and inclusive Australian society,
bring Western Australia and the Northern Territory back into line with the
human rights obligations Australia has as a signatory to the United Nations
conventions.

Yours faithfully


Aina M Ranke