Intergovernmental summit on violence and child abuse in Indigenous communities

Description

All Australian Governments agree that customary law in no way justifies, authorises or requires violence or sexual abuse against women and children. This media release announces that the Commonwealth is to review bail conditions in relation to Commonwealth offences. The States and Territories have also been invited to review their bail legislation so that law enforcement and judicial officers when considering bail give primacy to any risks to the victim; and that, in particular, account be taken of the effect on families and communities, including remote communities, of an accused person returning to the community before their cases have been substantively dealt with by the courts. The Commonwealth also indicated its intention to amend 16A of the Crimes Act 1914 to delete reference to any mandatory consideration of cultural background for all offences against Commonwealth law and to exclude from sentencing discretion for all Commonwealth offences claims that criminal behaviour was justified, authorised or required under customary law or cultural practice and has invited the States and Territories to ensure like provisions are implemented in each jurisdiction. Proposals are to be discussed within the Council of Australian Governments.

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