Unfinished business: Koori women and the justice system Page 29

Chapter 2: The size of the problem 25

Victorian Government policy initiatives

Aboriginal Justice Agreement 2

The first Aboriginal Justice Agreement, launched in
2000, said little about the specific needs of Koori
women in the justice system.

100

In 2005, the Victorian Government reviewed the
implementation of the RCIADIC recommendations
under the original Aboriginal Justice Agreement.

101

Among other recommendations, the review called
for better understanding of and response to the
increase of Koori women in contact with the justice
system.

102

This led to initiatives introduced in the

Aboriginal Justice Agreement 2 (AJA2), which was
launched in 2006.

AJA2 recognised that Koori women possess some
attributes and needs distinct from other offenders,
including Koori men and other women. In particular
Koori women:

· are often primary parents, meaning that

imprisonment is likely to affect their children

· experience high rates of victimisation, which

can be directly or indirectly linked to their
involvement in the criminal justice system

· experience discrimination on the basis of both

race and gender

· tend to be disadvantaged compared to male

prisoners in the areas of health, housing,
employment, income and education.

AJA2 stated that these unique needs and attributes
should be taken into account when designing
responses to over-representation.

103

One of the six objectives of AJA2 was to increase
rates of diversion of Koori people from the
justice system and to strengthen alternatives to
imprisonment.

104

To support this objective, AJA2

proposed a number of activities including assisting
Koori community organisations to establish a Local
Justice Worker program, expanding the Koori Court
Network and establishing strategies to improve
access to mainstream diversion programs.

105

100

The Aboriginal Justice Agreement 3 did contain a
commitment to establish a mentoring program for
young Aboriginal women. State of Victoria, Department
of Justice, `AJA3', above n 15, 35.

101

State of Victoria, Department of Justice, Victorian
Implementation Review of the Recommendations
from the Royal Commission into Aboriginal Deaths
in Custody Review Report Vol 1 (2005). <http://
multimedia.justice.vic.gov.au/comms/Koori/resources/
Implementation_Review_of_Royal_Commission_
Recommendations/volume1/> at 18 July 2013.

102

Ibid 720.

103

State of Victoria, Department of Justice, `AJA3', above n
15, 18.

104

Ibid 27.

105

Ibid 33.

In relation to Koori women, AJA2 proposed to
explore and implement community-based initiatives
that divert Koori women from prison.

106

In 2009, the Aboriginal Justice Forum (AJF) held
a workshop and commissioned a literature review
to better understand the experiences and effects
of prison on Koori women and their families.

107

This

work was intended to examine potential options
for diversion at various stages of contact with the
justice system.

108

Better Pathways Strategy (2005 2009)

In 2005, in response to a marked increase in rates of
imprisonment of women, the Victorian Government
developed the Better Pathways Strategy,
administered by Corrections Victoria.

109

This strategy

acknowledged that there are significant differences
between women and men who come in contact
with the criminal justice system, including the types
of crimes that women commit, past experiences
that influence offending and the way that women
respond to imprisonment and treatment.

110

As a

result, Better Pathways argued that strategies to
address women's offending should respond to the
specific needs and life experiences of women.

111

Better Pathways noted that to understand the
increase in women's imprisonment in Victoria, it was
necessary to understand the impact of Koori status
on women's offending.

112

However, of the 28 strategy

deliverables proposed under Better Pathways, only
two initiatives applied specifically to Koori women.

106

Ibid 34.

107

Victorian Aboriginal Justice Forum Workshop, `Aboriginal
Women and Diversion', Friday 13 November 2009,
Rydges Hotel, Melbourne; Harry Blagg, Aboriginal
women and justice: the case for diversion into healing
(State of Victoria, Department of Justice, 2009).

108

Harry Blagg, Aboriginal women and justice: the case
for diversion into healing (State of Victoria, Department
of Justice, 2009), 3.

109

State of Victoria, Department of Justice, Better
pathways: an integrated response to women's offending
and reoffending, a four-year strategy to address the
increase in women's imprisonment in Victoria 2005
2009 (2005).

110

These included the frequency and seriousness of
offending, the impact of drug use, the relationships
through which offending behaviour develops,
responses to community supervision, incarceration and
treatment, primary carer responsibilities, prevalence of
victimisation and mental illness, substance abuse and
trauma. Ibid 9.

111

Ibid 9.

112

Ibid 8.