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42 Unfinished business: Koori women and the justice system
Are Koori people `over-policed'?
Previous research by the Commission
has noted significant concerns among
stakeholders that there is both `under-
policing' and `over-policing' of Koori
communities. For example, VALS described
significant problems with the conduct of police.
Some of the issues they raised included police not
responding to a family violence incident involving
a Koori family, police maintaining a presence
around a family's home after a family made a
complaint about a police failure to respond and
`over-policing' in areas with large Aboriginal
communities".
It is clear that Koories are much more
likely to come into contact with police
than their non-Koori counterparts.
There is evidence that this is, at least
in part, caused by racism and/or
unintentional systemic bias rather than
merely higher rates of offending.
225
The Senate Standing Committee on Legal and
Constitutional Affairs References Committee in
their Inquiry into the value of a justice reinvestment
approach to criminal justice in Australia also raised
these issues, noting submissions indicated that:
Over-policing does not reduce crime
in these communities or make them
safer to live in, rather it creates a net-
widening effect. There are many low
level crimes that are often undetected
and untargeted in non-Indigenous
communities, however net-widening
often results in these crimes being
detected and charged within Indigenous
communities. In addition, increased
interaction with the police increases the
risk that charges will become escalated
with an individual also being charged
with offences such as resisting arrest
and assaulting police.
226
Over-policing has cost implications throughout
the system. Not only is police time spent on
processing alleged Koori offenders, other
agencies such as the Victorian Aboriginal Legal
Service also face increased demand pressures
when they are already over-stretched.
225

Nous Group, above n 25, 22; Harry Blagg et al, Systemic
Racism as a Factor in the Over-representation of
Aboriginal People in the Criminal Justice System
(2005).
226

Sisters Inside, Submission 69, cited in Parliament of
Australia, `Report into Justice Reinvestment', above n
34, 12.
Police and
community relations
"Until relatively recently,
relationships between Victoria
Police and Koori communities
were often confrontational and
characterised by mutual mistrust".
227

Since the RCIADIC, Victoria Police has
implemented strategies to address the 136
police-specific recommendations made by
the Royal Commission. In particular, over the
last decade, there has been positive change
in police attitudes and action. Nevertheless,
the Victorian Implementation Review of the
Recommendations from the RCIADIC
228
(VIR)
and the evaluation of AJA2 both recorded
that while relationships had improved, police
violence, harassment and mistreatment of
Koories continues.
229
Many of the improvements that have
been achieved align with the Victoria Police
Aboriginal Strategic Plan developed in 2003
as a response to the AJA1.
230
Initiatives
such as the Aboriginal Community Liaison
Officer (ACLO) program, the increasing
number of Police Aboriginal Liaison Officers
(PALO) in police stations and the Aboriginal
Community Justice Panels (ACJP) have
also led to improved Koori-police relations.
Through these very welcome initiatives,
relationships between police and the local
Koori community have been strengthened
through mutual understanding.
231
227

State of Victoria, Office of Police Integrity, `Talking
Together', above n 217, 52.
228

State of Victoria, Department of Justice, `Victorian
Implementation Review', above n 101.
229

Nous Group, above n 25, 25; State of Victoria,
Department of Justice, `Victorian Implementation
Review', above n 101, 354-456.
230
Nous Group, above n 25, 25.
231
Ibid 14.