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Chapter 5: Courts and diversion 47
Main findings
· In Victoria 94 per cent of the matters relating to
Koori women are dealt with by the Magistrates'
Court.
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While the court has developed several
preventative and therapeutic responses, Koori
women are either not accessing or not eligible
for all services.
· Koori women are denied bail because there is
a chronic under-supply of accommodation that
they can be bailed to.
· Residential facilities for Koori women with
appropriate supervision, wrap-around services,
mentoring programs and access to their
children are critical to successful completion of
bail conditions.
· Section 3A of the Bail Act, which requires
decision-makers to consider Aboriginality, is
under-utilised. This means that the specific
vulnerabilities of Koori women may not be
taken into account when determining bail. This
is a significant lost opportunity to address the
escalating numbers of Koori women on remand
in Victorian prisons.
· Koori women appear to underuse mainstream
pre-sentence programs such as the Court
Integrated Services Program (CISP).
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· As the people who effectively recommend
offenders to the Court for diversion schemes,
Victoria Police members have the capacity to
contribute to a greater use of diversion for Koori
women. This option is currently under-utilised.
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Information provided to the Commission by Sentencing
Advisory Council on 1 February 2013.
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Magistrates Court of Victoria, `Integrated Services
Program Discussion Paper, above n 10.
Courts and diversion
Chapter 5: