Aborigines and Public Order Legislation in New South Wales

Robert Jochelson · BOCSAR NSW Crime and Justice Bulletins · 1997

This bulletin examines the relative rates at which persons resident in different Local Government Areas (LGAs) of the State appear in court for offences under section 4 and/or section 4A of the Summary Offences Act. Given the concern that Aboriginal people may be particularly likely to find themselves charged with offensive language and/or offensive behaviour, the bulletin also seeks to assess to what extent Aboriginal people may be over-represented as defendants on charges of offensive language and/or offensive behaviour. An attempt is made to assess whether the method of proceeding (i.e. by charge, summons or court attendance notice) and the sentencing practices for those offences are similar for LGAs with high Aboriginal populations compared with areas with low Aboriginal populations.

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