person, rights in the criminal justice system, and
protections to ensure the dignity of the person
when in custody.
whenever a mother enters prison.
representation of Koori people, including women
who are in contact with the justice system is of
significant concern as it raises questions about
whether discrimination is contributing to these
phenomena.
to the Commission because:
young people are also over-represented in the
youth justice system and in out-of-home care in
Victoria both of which act as entry points to
the adult criminal justice system.
trauma. Koori women are among the most
disadvantaged groups in Victoria. Research
demonstrates that the majority of Koori women
in prison have multiple and complex needs,
including mental health, drug and alcohol issues
and experience of sexual abuse and family
violence.
unfair treatment in education, employment,
health and housing exacerbates disadvantage
and contributes to the risk factors driving more
Koori women towards the criminal justice system.
lead to individual instances of discrimination, or
more endemic problems.
positive duty to eliminate discrimination as far as
possible, are also relevant.
Koori woman's ability to stay out of prison, or avoid
the justice system in the first place, then we need
to ask the question why aren't suitable support
and diversionary options, geared to the particular
needs of this group, made available?
(Vic) ss 21, 22, 25.
(Vic) s 17.
committed to the implementation of initiatives
to divert Koori women from prison.
that the rates of imprisonment of Koori women
were increasing and had overtaken those of
non-Koori men. It noted that imprisonment had
a disproportionate impact on women and their
dependent family members.
options available for Koori women.
system that could be strengthened to reduce over-
representation".
with Corrections Victoria, the Koori Justice Unit
(KJU), the Victorian Aboriginal Legal Service (VALS)
and the Aboriginal Family Violence Prevention Legal
Service (FVPLS). These consultations confirmed
the need for research to document Koori women's
experiences of the justice system, particularly their
experiences of custody, and to provide evidence
to support the implementation of diversionary
programs for Koori women.
the proposed project outline to the Aboriginal
Justice Forum (AJF). The research project was
subsequently included as an initiative in the Victorian
Aboriginal Justice Agreement Phase 3 (AJA3).
to begin the development of culturally secure
diversionary pathways into healing for Koori women.
The first step was to establish the Koori Women's
Diversion Project Working Group which has been
meeting concurrently with this project.
State of Victoria, Department of Justice, Victorian
Aboriginal Justice Agreement Phase 2 (AJA2) (2006) 34.
Nous Group, Evaluation of the Victorian Aboriginal
Justice Agreement Phase 2 (2012), 54.
27
See recommendation 2.3.2.b, State of Victoria,
Department of Justice, `AJA3', above n 15, 102.
In September 2012, at the Koori Court Conference,
Elders, Respected Persons and Judicial officers called
on the Victorian Government to establish this working
group to "develop a range of initiatives, including
residential services, to fill the gap in options for
women's diversion". The Aboriginal Justice Agreement
3 subsequently included this as an action. See
recommendation 2.3.2.a, Ibid.