The views expressed in this article are the personal views of the author.
2.
Queensland Government, Queensland Aboriginal and Torres Strait Islander Justice Agreement: Full Text of the Agreement Signed on 19 December 2000 and Summary (2001) 7.
3.
Queensland Government, above n 2, 7.
4.
MorganN, ‘Sentencing Trends for Violent Offenders in Australia’ (unpublished paper, Crime Research Centre, University of Western Australia) 111.
5.
See the website of the Aboriginal and Torres Strait Islander Commission <www.atsic.gov.au> for detailed discussion of the Royal Commission into Aboriginal Deaths in Custody, which began in 1987 and concluded in 1991.
6.
Information on the conduct of court circuits was obtained by the author while working as a judge's associate in the District Court of Queensland. See also the Queensland Magistrates Court Annual Report for 2001 (2002).
7.
Qld Magistrates Court Annual Report for 2001, above n 6, appendices 1–5.
8.
Qld Magistrates Court Annual Report for 2001, above n 6, 34.
ChantrillP, ‘The Kowanyama Justice Group: A study of the Achievements and Constraints on Local Justice Administration in a Remote Aboriginal Community’ (seminar presented at the Australian Institute of Criminology) <www.aic.gov.au/conferences/occasional/chantrill.html> at 31 January 2005, 4.
11.
Chantrill, above n 10, 4.
12.
Queensland Government, Yaldilda (Standing Strong): Preventing Crime in Aboriginal and Torres Strait Islander Communities, 57.
Royal Commission into Aboriginal Deaths in Custody, quoted in Chantrill, above n 10, 2.
22.
Department of Aboriginal and Torres Strait Islander Policy, Protocols for consultation and negotiation with Aboriginal people (1999) <www.indigenous.qld.gov.au/pdf/Protocols.pdf> at 31 January 2005, 22.
23.
Department of Aboriginal and Torres Strait Islander Policy, above n 22, 22.
24.
Department of Aboriginal and Torres Strait Islander Policy, above n 22, 7.
25.
Queensland Government, above n 2, 2.
26.
Department of Aboriginal and Torres Strait Islander Policy, Community Justice Training (videorecording) (2002).
27.
(Unreported, District Court of Queensland (Aurukun)), 29 October 2002.
28.
Ibid3.
29.
(1992) 3 CNLR 116; (1992) 71 CCC (3d) 347; (1992) 11 CR (4th) 357. See also BenevidesH, ‘R v Moses and sentencing circles: A case comment’ (1994) 3Dalhousie Journal of Legal Studies241.
30.
La PrairieC, ‘Altering Course: New Directions in Criminal Justice, Sentencing Circles and Family Group Conferences’ (1995) 28Australian and New Zealand Journal of Criminology78.
31.
RiegerL, ‘Circle Peacemaking’ (2001) 17Alaska Justice Forum 1.
AdamsJ, ‘Circle of Justice,’Minneapolis Star Tribune, (18 August 1998), A1.
38.
PotasI, ‘Circle sentencing in New South Wales’, (Judicial Commission of New South Wales, 2003) 16 <www.jc.nsw.gov.au/monograph22/circle.pdf> at 2 February 2005.
39.
Judicial Commission of New South Wales, ‘Learning to Swim Against the Tide,’Judicial Officers' Bulletin, 20. (The New South Wales Government has established a Circle Court in Nowra, with the intention to expand to Brewarrina, Dubbo and Walgett; The Victorian Government has enacted the Magistrates Court (Koori Court) Act 2002; and the ACT has launched a trial circle sentencing court in Ngambra.)
40.
The author notes the continued success of the Murri Court program run by the Brisbane Magistrates Court. The author has not included discussion about the Murri Court in this paper, as the emphasis of the paper is on sentencing models for the higher courts.
41.
MarchettiElenaDalyKathleen, ‘Indigenous Courts and Justice Practices in Australia’, (2004) 277 Trends and Issues in Crime and Criminal Justice, <www.aic.gov.au/publications/tandi2/tandi277t.html> at 31 January 2005.
