SA Nunga Court now protected by law

Laws for South Australia’s Nunga Court have come into effect, with legislation now protecting the unique system that allows Aboriginal communities to participate in the sentencing process.

The first court defined as “culturally appropriate” for Aboriginal defendants in the country, Adelaide’s Nunga Court is currently operating out of the Magistrates Courts in Port Adelaide, Murray Bridge and Maitland, where it is instead known as the Narungga Court.

The Nunga Court allows Court Elders or other Respected Persons to sit alongside the magistrate on matters that can be finalised in the Magistrates Court, and where an Aboriginal or Torres Strait Islander person has pleaded guilty. The magistrate can then be advised on and consider relevant cultural or community matters which may assist with sentencing, the aim of which is to contribute to the increased confidence of Aboriginal people in the criminal justice system.

South Australian Attorney-General and Aboriginal Affairs Minister Kyam Maher said the Nunga Court ensures important cultural matters are able to be appropriately considered in the sentencing process.

“The Nunga Court has been an important part of the Magistrates Court process for more than two decades now, and is utilised in relevant matters heard at the Port Adelaide, Murray Bridge and Maitland Magistrates Court,” Mr Maher said.

“It’s been an important initiative that has helped ensure there is a culturally sensitive process in place when sentencing Aboriginal and Torres Strait Islander defendants.”

“The laws that are now in effect will ensure this vital function will continue in our criminal justice system.”

The state government moved to enshrine the Nunga Court in law last year to fulfill an election commitment, with legislation passing state parliament towards the end of 2022.