representation of Aboriginal and Torres Strait
Islander women in the criminal justice system.
2009 2015
three policy documents as the framework for the
Safe Communities building block. The National
Indigenous Law and Justice Framework is one of
these policies.
Committee of Attorneys-General (SCAG) in 2009.
It is intended to set out an agreed good practice
approach to eliminate Indigenous disadvantage in
law and justice.
representation of Aboriginal and Torres Strait
Islander offenders, defendants and victims as one
of five goals.
over-representation of Aboriginal and Torres
Strait Islander women, men and youth as discrete
groups. It calls for the development of rehabilitative
programs for prisoners, programs to maintain family
relationships and gender-specific, culturally relevant
transition support programs.
and incarceration among Indigenous women and
develop culturally competent programs".
reinvestment approach to criminal justice in
Australia
Committee of the Australian Senate undertook
an inquiry into the value of a justice reinvestment
approach to criminal justice in Australia. It reported
in June 2013. It examined the nature and causes
of Aboriginal and Torres Strait Islander over-
representation in prisons across Australia,
The other policies are the `National Framework for
Protecting Australia's Children' and `Time for Action:
The National Council's Plan for Australia to Reduce
Violence against Women and their Children'.
Australian Government, National Indigenous Law and
Justice Framework 2009 2015 (2010) 4.
this phenomenon. It concluded that the increase
in prisoner numbers is "putting financial strain
on the Australian justice system, which is quickly
becoming unsustainable".
circumstances of Koori women in Victoria, noting
the escalating numbers and the impacts of
imprisonment on Koori women, their children and
communities.
reinvestment and the challenges and benefits
of adopting such an approach in Australia.
Justice reinvestment is a strategy for reducing
incarceration rates that has been successfully
adopted by some states in the United States
and in other jurisdictions. It is predicated on the
assumption that if you divert funds currently spent
on imprisonment towards prevention strategies in
communities, that are owned and controlled by
these communities, then over time offending rates
and therefore imprisonment will decline.
programs in those communities to
strengthen the community and address
the causes of crime to mitigate against
individuals being caught up in the
criminal justice system. Those who
have committed offences are diverted
away from prison using other forms
of punishment and those likely to
reoffend are prevented from doing so
through effective rehabilitation, parole
supervision and after-prison support.
including that the Commonwealth provide funding
for a trial of justice reinvestment in Australia.
They also recommended that the Commonwealth
refer to the Council of Australian Government the
establishment of justice targets for Aboriginal
and Torres Strait Islander peoples as part of the
Closing the Gap initiative, directed to reducing the
imprisonment rate of Aboriginal and Torres Strait
Islander peoples.
Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 25.