By Emma McMahon
I was enlightened and deeply moved by my recent visit to the New South Wales Civil and Administrative Tribunal (NCAT) to observe the Indigenous Tenancy. The Indigenous Tenancy List, established in December 2023, is a relatively new initiative to NCAT, aimed at providing culturally safe and supportive mediation for tenancy disputes.
The List is available for Aboriginal and Torres Strait Islander people in tenancy or social housing disputes in NCAT and provides an opportunity to connect with support services and specialist Aboriginal Tenants advocates, as well as extra time with the tribunal member to ensure a realistic agreement is reached.
As I walked into the tribunal, the atmosphere immediately felt different from traditional court settings that I have experienced. The space was designed to be informal and welcoming, an abundance of smiling faces of NCAT staff and other community services staff. Setting this type of atmosphere is an important choice which helps cater to the cultural sensitivities and needs of Aboriginal and Torres Strait Islander people and their ways of knowing, being and doing.
Upon entering the hearing room, I was struck by the inclusive and respectful environment. Each session began with an Acknowledgment of Country, setting a tone of respect and recognition of the Aboriginal land which NCAT resides on. The Tribunal Member greeted everyone with a warm smile and took the time to explain the hearing process which helped parties feel more at ease.
During the sessions I attended, I witnessed a range of tenancy disputes, from issues about rent payments to requests for tenancy terminations. The Tribunal Member took the time to explain the application process clearly to all participants, ensuring that everyone understood their rights and responsibilities and allowed for more realistic and positive outcomes for both parties. This level of patience and clarity is often missing in more formal legal settings.
I was particularly impressed by the presence of community support services including Aboriginal tenant advocates from Greater Sydney Aboriginal Tenancy Service (GSATS), financial counsellors from the Salvation Army, and Centrelink staff, who provided immediate assistance and guidance. This allowed parties to seek advice or even create a budget for themselves before making any agreements, to ensure they made realistic and manageable arrangements for themselves.
The staff and support services at NCAT are not only well-versed in legal procedures but also trained to understand and respect the cultural contexts of the people they serve. This dual focus on legal proficiency and cultural sensitivity is crucial for achieving just outcomes.
Witnessing the tribunal's efforts to provide a culturally appropriate and supportive environment for Indigenous people was both heartening and thought-provoking. It highlighted the importance of a justice system that acknowledges and respects cultural differences. The Indigenous Tenancy List is a step towards achieving more equitable outcomes for First Nations communities, but also underscores the ongoing need for more resources and support to expand such holistic programs. The Indigenous Tenancy List at NCAT is a model that could be replicated and expanded to benefit more people across different areas of law.
This experience has profoundly impacted my view of what a career in the law sector can entail from a social work perspective. The work being done by community services on Indigenous list days at NCAT is inspiring and promotes a strengths-based network for clients, demonstrating that this type of environment can be a safe and culturally inclusive space. I can envision myself working in a similar environment, where the focus is not only on legal outcomes but also on supporting individuals and communities through a holistic approach.
The NCAT Indigenous list occurs fortnightly on a Wednesday. Referrals to this list can be made by contacting NCAT. Cases can be referred from any where in NSW. Some services work remotely. Find more information here.
Emma is a student in the Community Legal Centres NSW First Nations Cadetship Program. Learn more about the program and how Community Legal Centres can get involved here.