Walama list

The Walama list refers to the legal procedures involved in a sentencing court for adult Indigenous and Torres Strait Islander people who have pleaded guilty, agreed to a statement of facts about the case, and consented to having their matter dealt with in a Walama list court. This is available to people in the Greater Sydney district but there is a desire to make it available further afield.

What happens is that the Elders and Respected Persons who are involved in a Walama court case can talk broadly to the offender about aspects of their life and background and circumstances that they feel have a bearing on the case.  They can explain to the judge possible reasons for the offending conduct. They can also explain to the offender their kinship connections, the effect that their crime has on the their community, and various cultural practices and protocols that they should understand.  In conversation with the offender they can draw up a plan of requirements that the offender must observe while remaining in the community, such as the undertaking of a rehabilitation program, and other physical and mental health therapies.

Walama is a Dharug word meaning ‘come back’. In the context of the Walama list it refers to the return of the offender to community life, culture and a healthy, crime-free life.

At the moment there is a pilot study being conducted in the NSW District Court at the Downing Centre.