Description

Though the law is designed to act as a tool for natural justice, with the presumption of innocence and the capacity to protect and punish, for many Indigenous Australians, the law has been a tool to arbitrarily deprive and oppress. This article discusses the fundamental failings of Australia’s legal system to deliver equality under the law. Indeed, even today, substantial equality is undermined by historical failure to acknowledge cultural difference and accommodate different perspectives within the justice system. Issues of overrepresentation in the prison system have increased and though anecdotal evidence would suggest representation within the legal profession is improving, it is still limited and a reflection of poorer education, health and economic outcomes for Indigenous Australians. This article discusses equality for Indigenous people both within, and when representing, the legal justice system. The Law Council has launched its first Reconciliation Action Plan which will provide a vehicle through which government entities, corporations and other organisations can implement practical measures to further reconciliation.