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12 Unfinished business: Koori women and the justice system
The Victorian Equal Opportunity and Human Rights
Commission (the Commission) is an independent
statutory body that has functions under the Equal
Opportunity Act 2010
, the Racial and Religious
Tolerance Act 2001
(Vic) and the Charter of
Human Rights and Responsibilities Act 2006

(the Charter). Our functions include resolving
disputes, providing education about human rights
and equal opportunity, undertaking projects and
activities aimed at eliminating discrimination and
promoting human rights, conducting research, and
providing legal and policy advice. In addition, the
Commission reports to the Attorney-General on
the operation of the Charter and, at the request of
public authorities, conducts compliance reviews.
This project was undertaken using the
Commission's statutory research functions under
section 157 of the Equal Opportunity Act.
The Commission's interest in the issue
It is well understood that Aboriginal and Torres
Strait Islander people are over-represented in the
criminal justice system nationally, and in Victoria.
20
This over-representation is now extending to Koori
women, as the numbers of Koori female prisoners
continues to grow.
The increasing trend of Koori women spending
time in Victorian prisons, including on remand, has
a profound impact on these women, their children,
families and communities, as well as on the justice
system itself.
The Commission is interested in this issue because
whenever a person serves a custodial sentence
or is placed on remand their Charter rights, and
those protected at international law, are engaged.
20

See, Commonwealth, Royal Commission into
Aboriginal Deaths in Custody, National Report (1991);
State of Victoria, Department of Justice, Victorian
Aboriginal Justice Agreement Phase 1
(2000);
State of Victoria, Department of Justice, Victorian
Aboriginal Justice Agreement Phase 2 (AJA2)
(2006);
Nous Group, Evaluation of the Victorian Aboriginal
Justice Agreement Phase 2
(2012); State of Victoria,
Department of Justice, 'AJA3', above n 15.
About the research
Chapter 1: