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  • Writer's pictureGeoff Harrison

Walama List


Criminal Barrister, Criminal Solicitor, Criminal Lawyer, Walama List, Walama Sentencing, Circle Sentencing

Published by Geoff Harrison | 15 November 2023


The Walama List is an inclusive or restorative justice form of sentencing relating to First Nations people (similar to Circle Sentencing in the Local Court) where Elders and other Respected Persons (ERPs) participate in the sentencing process and can act as amici curiae or 'friend of the court'; but do not participate in the determination of the sentence to be imposed. During the sentencing process, a case plan is ultimately decided upon with the assistance of:


i. an allocated Community Corrections Officer and/or caseworkers from

other nominated government and non-government support services;

ii. two Aboriginal or Torres Strait Islander Elders or Respected Persons

nominated by the Walama List Judge in consultation with the

Senior Aboriginal Client and Community Support Officer

('SACCSO') where the Walama List Judge considers they are likely to

be of significant assistance to him or her;

iii. a support person for the offender at the discretion of the Walama List

Judge;

iv. the SACCSO; and

v. any other person the Walama List Judge considers appropriate,

including but not limited to any victim(s) and their support person.


To be eligible for the Walama List participants must:


(a) have pleaded guilty to the offence either before the Local Court or

upon Arraignment in the District Court;

(b) have signed an Agreed Statement of Facts;

(c) be descended from an Aboriginal person or Torres Strait Islander

person, identify as an Aboriginal person or Torres Strait Islander

person, and be accepted as such by the relevant community; and

(d) be willing to participate in the Walama List sentencing procedure.

...

Not be charged with:

i) A prescribed sexual offence as defined by s 3 of the Criminal

Procedure Act 1986 (NSW);

ii) An offence contrary to s 33 of the Crimes Act 1900 (NSW);

iii) An offence contrary to s 37 of the Crimes Act 1900 (NSW);

iv) An offence contrary to ss 26, 27, 28, 29 and 30 of the Crimes Act 1900

(NSW).


As to the process relating to sentencing under the Walama list see Practice Note 26 below.


Other Sources:

Cases:



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