women end up in prison on remand. These women
are denied bail because there is a chronic under-
supply of accommodation that they can be bailed
to. Section 3A of the Bail Act, which requires
decision-makers to consider Aboriginality, is also
under-utilised. This offends the right to equality in
the Charter.
use pre-sentence programs such as the Court
Integrated Services Program. This reflects barriers
that permeate the system, including geographical
inequalities, waiting lists for external services and
lack of cultural and gender focus.
the Criminal Justice Diversion Program, even when
they are first time offenders. Overall, less than one
per cent of offenders on this scheme identify as
Koori.
diversion. The focus on the program for first time
offenders may also disadvantage Koori women,
who because of specific patterns of multi-age
peer groups, and/or police practices may have
come into contact with the criminal justice system
earlier and more frequently than non-Koori women.
in this program may also create a barrier for Koori
women if available placements are not gender
and culturally appropriate, or locally available.
Koori women may also struggle to complete work
placements when they have caring responsibilities.
no culturally and gender appropriate residential
programs for Koori women on Community
Corrections Orders in Victoria, despite these being
available to Koori men. This inequity reduces the
likelihood of women successfully completing
orders, again contributing to higher risk of
imprisonment if further offences are committed.
rounds of imprisonment when in prison and post-
release services are either unavailable or not suitable
for Koori women. This offends the right to equality
and several human rights protected by the Charter
and international law, including cultural rights.
Fifty-four out of 5,932 offenders in 2011-12.
Magistrates' Court of Victoria, `Annual Report', above n
11, 98.
participants articulated several principles that
need to inform future efforts.
domains of the service system, including justice
and non-justice services.
knowledge in design and delivery.
into design of prevention, diversion and post-
release options. Further, these roles need to be
acknowledged when establishing conditions for
bail and Community Corrections Orders.
housing. Residential options are therefore
critical to bail, diversion and post-release
interventions.
geographic diversity of Koori communities.
needs to incorporate flexibility and the potential
for women to keep their children with them so
that families can rebuild.
system, interventions need to deal with trauma
and have a healing focus.
nature, prison cuts women off from culture.
Interventions before, during and after prison
need to address this cultural disconnect if they
are to succeed.
addressed, along with parenting skills, and mental
health, drug and alcohol and disability supports
as appropriate. All of these need to be addressed
holistically, before, during and after prison.
completions so as to minimise the challenges
Koori women currently face navigating a series
of complex and fragmented service systems.
This could include a mentoring function but
such mentors need to be Koori women, who are
already overstretched.