Community Sanctions in Australia: Engaging State-Level Variations and Developing Indigenous Governance

Abstract

This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the Australian context. Two key issues in the Australian context are, firstly, state and territory-level variations within a federal political structure, and secondly, disproportionate Indigenous imprisonment and community sanction rates and the generally destructive impact of the criminal legal system on Indigenous communities and peoples. The chapter argues that developing a better agonistic politics around community sanctions requires descending from the broad level of historical and sociological analysis to examine state and territory-level variations in judicial and correctional structures, histories and cultures. Further, that Australian community sanctions cannot be understood without a primary focus on the differences between Indigenous and non-Indigenous rates, experiences and meaning. The key to addressing the destructive impact of criminal legal processes and practices on Indigenous peoples lies in developing Indigenous governance, empowerment, self-determination, sovereignty and nation-building. Two recent developments promoting Indigenous governance are examined: the Uluru Statement from the Heart and Justice Reinvestment projects initiated by First Nations communities, highlighting the importance of activism, contest and struggle by community organisations.

Citation

Brown, D. (2023), "Community Sanctions in Australia: Engaging State-Level Variations and Developing Indigenous Governance", Maier, K., Ricciardelli, R. and McNeill, F. (Ed.) Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts, Emerald Publishing Limited, Leeds, pp. 185-203. https://doi.org/10.1108/978-1-83753-194-320231010