Evaluating the Walama List Pilot

The NSW Bureau of Crime Statistics and Research (BOCSAR), in partnership with the Aboriginal Services Unit (ASU) at the NSW Department of Communities and Justice, are conducting an evaluation of the impact of the Walama List pilot on sentencing and reoffending outcomes.

Background

The Walama List pilot commenced in February 2022 as an alternative sentencing procedure for Aboriginal and Torres Strait Islander people who have matters currently before the NSW District Criminal Court at Sydney Downing Centre. The Walama List provides a therapeutic and holistic approach to sentencing for Aboriginal and Torres Strait Islanders. The list aims to reduce reoffending, keep communities safe, address overrepresentation and increase Aboriginal and Torres Strait Islander people’s participation and confidence in the NSW criminal justice system by:

• enabling community participation in court processes and embedding Aboriginal and Torres Strait Islander narratives in sentencing processes;
• utilising culturally appropriate programs and supports to address needs and risk factors that may lead to reoffending; and
• facilitating continuous court monitoring of appropriate therapeutic interventions to address identified needs and risk factors (District Court of New South Wales, 2021).

The Walama List evaluation will provide the necessary evidence to inform future decisions regarding the establishment of a Walama Court (i.e., a legislated, permanent court for Aboriginal and Torres Strait Islander people).

Method and aims

The evaluation uses a two-armed randomised controlled trial to measure the impacts of the Walama List on sentencing and reoffending. The Walama List has a limited number of places, and thus eligible and consenting individuals are randomised with equal probability, to the Walama List or to the regular list of the NSW District Criminal Court for sentencing. This will enable BOCSAR to measure how successful the pilot is in:

• reducing the likelihood of an Aboriginal and/or Torres Strait Islander person receiving a prison sentence;
• increasing the likelihood of Aboriginal and/or Torres Strait Islander people complying with court orders; and
• reducing the risk of re-offending among Aboriginal and/or Torres Strait Islander people.

The outcome evaluation commenced in December 2022 and will be completed in March 2031. It will be supplemented with a qualitative evaluation to assess the implementation of the pilot and identify other benefits to participants and the Aboriginal and Torres Strait Islander community.

District Court of New South Wales. (2021). Practice Note: Walama List Sentencing Procedure Draft 20, May 2021.