Aboriginal Legal Service (NSW/ACT)

Custody Notification Service

 

The Custody Notification Service (CNS) is a unique service provided by the ALS for Aboriginal or Torres Strait Islander people taken into police custody in NSW and ACT.
 
If an Aboriginal person is arrested or taken into police custody, the police must contact the ALS and let the arrested person speak to an ALS lawyer. An ALS lawyer is on duty every morning, every afternoon, and all through the night -  24 hours a day every single day of the year. The ALS lawyer will give the arrested person legal advice and that they are OK. The ALS lawyer will check that the police are treating the arrested person with respect and that their rights are protected.
 
 

 

Why have it

The CNS receives between 300 - 400 calls each week. This means 300-400 Aboriginal people are being arrested and taken into custody each and every single week. That’s over 16,000 arrests every year. With these statistics in mind, the importance of this service is paramount.

CNS came out of the recommendations from the the Royal Commission into Aboriginal Deaths in Custody - that police should notify an Aboriginal Legal Service whenever they take an Aboriginal person into custody. Today, NSW Police are required by law to notify the ALS whenever an Aboriginal or Torres Strait Islander person is taken into custody.

Every Aboriginal person who is arrested and taken into police custody deserves nothing less than 24 hour access to a lawyer who can give both legal advice and check on their wellbeing. We want Aboriginal peoples’ fundamental rights to be respected when they are taken into custody.

CNS is the best option we have available to protect the rights and wellbeing of Aboriginal people taken into custody across NSW, and now the service is also operating in the ACT. We ensure we educate our clients and communities about the existence of the CNS and the importance of utilising it.  We also ensure the police abide by the legislation and we report any delays or failures of the police to notify the ALS. 
 



Help fund it

Unfortunately we have to struggle and negotiate each year with the Federal government to receive funds for the CNS. Each year the Federal government has refused to make any ongoing funding commitments beyond a 12-month timeframe. The NSW government in the past has refused to fund any part of the CNS. It costs around $0.5 million per annum to fund this service. If you can help, please donate to this service or contact ALS.
 



Watch a film 

CNS: who you gonna call? is a short film providing an overview about what happens when an Aboriginal person is taken into custody. It gives good information in an entertaining way about what you should do, and what police have to do - that is, ring the Aboriginal Legal Service.
 

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