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46 Unfinished business: Koori women and the justice system
In Victoria, data relating to Koori and non-Koori
infringement rates is not readily available, nor is
data distinguishing infringement rates by sex.
259
However, there is a concern that infringement
notices have a disproportionate impact on Koori
people as they may face greater difficulty paying
fines or navigating the fines enforcement system,
risking further involvement in the criminal justice
system.
260
This may include imprisonment as a
sanction of last resort.
261
Fixed penalty infringement notices are not
calculated according to income and therefore
disproportionately affect those experiencing
financial hardship, such as Koori women.
262
They
also have limited options for challenging their
infringement debts. While some may be able
to convert their fines into community work, this
option is not always available or appropriate, for
example, Koori women who are single parents
with small children who may not be able to attend
community work.
263
An additional barrier may be
where community work options are not gender or
culturally appropriate, or not available locally.
One client had $52,000 in fines,
and needed assistance to manage
the fines as she was running out of
options. Another client defaulted on the
fines that she was paying pursuant to a
payment plan, if she was picked up by
the police she would have served 27
days in custody. She was just waiting
to be picked up.
264
A failure to pay the fine or comply with conditions
attached to the infringement notice can result in
imprisonment.
265
As such, the infringement system
is another `gateway' for Koori women into the
criminal justice system.
259

See for example, State of Victoria, Department of
Justice, Attorney-General's Annual Report on the
Infringements System 2011-12
(2012); and Magistrates'
Court of Victoria, `Annual Report', above n 11.
260

Williams and Gilbert (2011) Reducing the Unintended
Impacts of Fines, Indigenous Justice Clearinghouse,
Current Initiatives Paper 2, 1.
261 Ibid.
262

Bernadette Saunders et al, `Unpaid Infringement
Notices', above n 244, 17.
263
Infringements Act 2006 (Vic) s 147.
264

Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
265
Fitzroy Legal Service, above n 240, 187-202.
Recommendations
That Victoria Police, in partnership with the
Aboriginal Justice Forum, revise and update the
Victoria Police Aboriginal Strategic Plan 2003-2008.
That Victoria Police, in partnership with the
Victorian Aboriginal Legal Service and the Victorian
Equal Opportunity and Human Rights Commission,
undertake an analysis of cautioning, charging,
bail decision and bail conditions relating to Koori
women. The results of this analysis should be
reported to the Aboriginal Justice Forum and
inform a review of Victoria Police members training
on working with Koori offenders.
Noting the high risk of young Koori offenders
becoming entrenched in the criminal justice
system, that Victoria Police regularly provide de-
identified data to the Aboriginal Justice Forum on
contact rates of Koori young people. This data
should also be provided to the Commissioner for
Aboriginal Children and Young People and include
a breakdown by age, gender, region and contact
type (including field contacts, cautions and arrests).
Noting the positive benefits of the Local Justice
Worker Program and the Koori Offender Support
and Mentoring Program in assisting Kooris to
address fines payments, that these programs be
enhanced with a specific focus on Koori women
with multiple fines and at risk of imprisonment.