Improving Access to Justice for Aboriginal and Torres Strait Islander Families in the Federal Circuit Family Court of Australia
Tracks
Ballroom 1
| Tuesday, November 28, 2023 |
| 2:50 PM - 3:20 PM |
Overview
David Pringle (virtual) & Dwayne Coulthard, Federal Circuit and Family Court of Australia
Speaker
Mr Dwayne Coulthard
Indigenous Family Liaison Officer
Federal Circuit and Family Court of Australia
Improving Access to Justice for Aboriginal and Torres Strait Islander Families in the Federal Circuit Family Court of Australia
Abstract
The Federal Circuit and Family Court of Australia Division 1 and Division 2 (the Courts) deal with nearly all of Australia’s family law cases which involve legal disputes relating to where and with who children live, and property/finances. The cases before the Courts are complex and often raise issues of family violence or other risks, allegations of child abuse or serious physical harm.
The Courts acknowledge the reluctance of Aboriginal and Torres Strait Islander Peoples accessing the Courts in the context of historical mistrust with legal processes and other barriers which impact the accessibility of family law services. The Courts have responded to these issues by engaging Indigenous Family Liaison Officers and providing information and support to increase access to justice.
While it may seem counterintuitive to promote a court system, increased engagement with the Courts provides an opportunity for Aboriginal and Torres Strait Islander families to proactively protect children at risk of harm, prior to the involvement of state and territory child safety departments. Placing Aboriginal and Torres Strait Islander children in the care of family members maintains their connection to Country, Culture and Kin and supports their immediate and long-term wellbeing and identity.
This engagement is made possible by the employment of fifteen Indigenous Family Liaison Officers, the operation of Specialist Indigenous Lists at various locations nationally, the expansion of the Reconciliation Action Plan deliverables and the education of judicial officers (Judges and Registrars) and Court Child Experts (Psychologists and Social Workers) employed at the Court.
The presentation will provide an overview of the ways in which the Indigenous Family Liaison Officers and the Specialist Indigenous Lists are increasing the Courts’ engagement with Aboriginal and Torres Strait Islander families and communities, reducing barriers to justice, and promoting greater self-determination in arrangements for Aboriginal and Torres Strait Islander children with a focus on safety and cultural connection.
The Courts acknowledge the reluctance of Aboriginal and Torres Strait Islander Peoples accessing the Courts in the context of historical mistrust with legal processes and other barriers which impact the accessibility of family law services. The Courts have responded to these issues by engaging Indigenous Family Liaison Officers and providing information and support to increase access to justice.
While it may seem counterintuitive to promote a court system, increased engagement with the Courts provides an opportunity for Aboriginal and Torres Strait Islander families to proactively protect children at risk of harm, prior to the involvement of state and territory child safety departments. Placing Aboriginal and Torres Strait Islander children in the care of family members maintains their connection to Country, Culture and Kin and supports their immediate and long-term wellbeing and identity.
This engagement is made possible by the employment of fifteen Indigenous Family Liaison Officers, the operation of Specialist Indigenous Lists at various locations nationally, the expansion of the Reconciliation Action Plan deliverables and the education of judicial officers (Judges and Registrars) and Court Child Experts (Psychologists and Social Workers) employed at the Court.
The presentation will provide an overview of the ways in which the Indigenous Family Liaison Officers and the Specialist Indigenous Lists are increasing the Courts’ engagement with Aboriginal and Torres Strait Islander families and communities, reducing barriers to justice, and promoting greater self-determination in arrangements for Aboriginal and Torres Strait Islander children with a focus on safety and cultural connection.
Biography
Dwayne Coulthard is a proud Adnyamathanha and Kokatha man from South Australia. Dwayne joined the courts in early 2023 as an Indigenous Family Liaison Officer based in the Adelaide registry supporting Judge Kelly with her Specialised Indigenous list and working nationally to support other First Nations families navigating the Family Court. Dwayne has a wealth of knowledge and experience in a diverse range of employment opportunities. Prior to commencing with the Courts, Dwayne was engaged with an Adolescent Trauma and Cultural Healing research project with the South Australian Health and Medical Research Institute (SAHMRI) and their Women and Kids thematic. Dwayne’s other previous experiences include a legal internship with Legal Services Commission, working as a radio producer for Radio Adelaide, community legal education across metro, regional and remote SA with Aboriginal Legal Rights Movement and a community organiser working on a campaign to protect Country. In his downtime, Dwayne likes to read autobiographies. Maybe Tomorrow by Boori Monty Pryor is one of the memorable reads Dwayne enjoyed reading.
David Pringle
Chief Executive Officer and Principal Registrar
Federal Circuit and Family Court of Australia
Improving Access to Justice for Aboriginal and Torres Strait Islander Families in the Federal Circuit Family Court of Australia
Abstract
The Federal Circuit and Family Court of Australia Division 1 and Division 2 (the Courts) deal with nearly all of Australia’s family law cases which involve legal disputes relating to where and with who children live, and property/finances. The cases before the Courts are complex and often raise issues of family violence or other risks, allegations of child abuse or serious physical harm.
The Courts acknowledge the reluctance of Aboriginal and Torres Strait Islander Peoples accessing the Courts in the context of historical mistrust with legal processes and other barriers which impact the accessibility of family law services. The Courts have responded to these issues by engaging Indigenous Family Liaison Officers and providing information and support to increase access to justice.
While it may seem counterintuitive to promote a court system, increased engagement with the Courts provides an opportunity for Aboriginal and Torres Strait Islander families to proactively protect children at risk of harm, prior to the involvement of state and territory child safety departments. Placing Aboriginal and Torres Strait Islander children in the care of family members maintains their connection to Country, Culture and Kin and supports their immediate and long-term wellbeing and identity.
This engagement is made possible by the employment of fifteen Indigenous Family Liaison Officers, the operation of Specialist Indigenous Lists at various locations nationally, the expansion of the Reconciliation Action Plan deliverables and the education of judicial officers (Judges and Registrars) and Court Child Experts (Psychologists and Social Workers) employed at the Court.
The presentation will provide an overview of the ways in which the Indigenous Family Liaison Officers and the Specialist Indigenous Lists are increasing the Courts’ engagement with Aboriginal and Torres Strait Islander families and communities, reducing barriers to justice, and promoting greater self-determination in arrangements for Aboriginal and Torres Strait Islander children with a focus on safety and cultural connection.
The Courts acknowledge the reluctance of Aboriginal and Torres Strait Islander Peoples accessing the Courts in the context of historical mistrust with legal processes and other barriers which impact the accessibility of family law services. The Courts have responded to these issues by engaging Indigenous Family Liaison Officers and providing information and support to increase access to justice.
While it may seem counterintuitive to promote a court system, increased engagement with the Courts provides an opportunity for Aboriginal and Torres Strait Islander families to proactively protect children at risk of harm, prior to the involvement of state and territory child safety departments. Placing Aboriginal and Torres Strait Islander children in the care of family members maintains their connection to Country, Culture and Kin and supports their immediate and long-term wellbeing and identity.
This engagement is made possible by the employment of fifteen Indigenous Family Liaison Officers, the operation of Specialist Indigenous Lists at various locations nationally, the expansion of the Reconciliation Action Plan deliverables and the education of judicial officers (Judges and Registrars) and Court Child Experts (Psychologists and Social Workers) employed at the Court.
The presentation will provide an overview of the ways in which the Indigenous Family Liaison Officers and the Specialist Indigenous Lists are increasing the Courts’ engagement with Aboriginal and Torres Strait Islander families and communities, reducing barriers to justice, and promoting greater self-determination in arrangements for Aboriginal and Torres Strait Islander children with a focus on safety and cultural connection.
Biography
Since 17 April 2020, Mr Pringle has been the CEO and Principal Registrar of the Federal Circuit and Family Court (FCFCOA). Prior to this, Mr Pringle was the Acting National Operations Registrar and Acting Principal Judicial Registrar of the Federal Court.
With over 20 years’ experience as a high-level litigator and mediator, Mr Pringle brings extensive experience in Court-related reform and change management – particularly in policy development and judicial and registrar support. Since his current appointment, Mr Pringle has facilitated various reforms, including the amalgamation of the FCFCOA. Mr Pringle is passionate about both promoting the safe and effective use of dispute resolution, and developing efficient, cost-effective case management practices.
He continues to be at the forefront of the Courts’ reform agenda through the transformation of the Courts’ policies and practices, to ensure that access to justice is available to all Australians.
