Aboriginals, Customary Law & Horrifying Hospitals

Jodeen Carney, lawyer and leader of the Opposition in the Northern Territory government, and the Shadow Attorney-General has written a well-considered article in today’s The Australian newspaper on the use and abuse of Aboriginal customary law.

The article is clearly articulated and simply written and is a good introduction to the complexities of problems and challenges that those of us in the NT and in Australia face, especially if you’re indigenous.

Customary law is, as Ms Carney explains, used to help reduce sentences for Aboriginal men convicted of violent crimes and domestic abuse.

I quote Ms Carney’s argument “Put simply, if customary law is not meant to "lessen the seriousness of violence" why do violent Aboriginal men seek to rely on it for sentencing purposes when the aim of doing so is to lessen the sentence?”

And to use the words of the Territory’s most senior prosecutor, great emphasis is placed on customary law to place “ the offender in the best light, and how it closed off the voices of Aboriginal women”.

How to we even begin to help get our Indigenous people into a safe environment when our own laws are being used to reduce sentences and thus perpetuate the violence against women, children and the elderly?

And to further illustrate the intricate complexity of Australia’s so-called “indigenous problem” read on.

The Australian reports a second Aboriginal woman has died after being refused proper treatment at Cherbourg’s Hospital in Queensland. According to the story, Dawn Chambers, 60, was told to make her own way to Murgon Hospital, 6km away, because “no-one at Cherbourg Hospital could use its X-ray equipment.”

Dawn died of a suspected heart attack the next day.

Dawn’s family are wondering why the Cherbourg Hospital staff did not arrange transportation to the other hospital for a woman who was in pain.

The town’s Mayor is suggesting a riot may break out in the town in order to get government to act and solve the problems with the hospital.

Last week The Australian reported the death of another woman, 25 year old Maureen Weazel who had been left to die outside Cherbourg Hospital after nurses ignored the frantic pleas of the man who brought her to hospital for help. The hospital claimed the nurses thought the man was drunk and violent and refused to open the doors. The woman died.

The hospital has refused to comment and police are investigating.

In the meantime, feel very anxious for any indigenous person living in Cherbourg who falls ill and requires hospital treatment.

I do wonder whether we should be asking the nurses just why they are apparently too scared to open the hospital doors at night to admit patients.

Surely the Qld government can afford to employ a few extra police if drunkenness and violence is a problem in the town?

Cherbourg Hospital is a very small hospital and I imagine the work load and pressure on the doctors and nurses is very demanding.

Even though Alice Springs has a problem at times with violent drunks, there is usually a security guard at the hospital entrance to lend assistance and protection. And there is police back up.

I say usually.

There have been a few reported stories of nurses being violently attacked in the hospital. Goes with the job unfortunately.

But I think there’s more to the problems at Cherbourg.

I don't have the answer. But I do recognize when things are very wrong.