background image
48 Unfinished business: Koori women and the justice system
· The number of Koori women on Community
Corrections Orders has increased by 73
per cent over the last seven years.
268
Around
one in ten women sentenced to Community
Corrections Orders are Koori.
269
· There is no residential-based diversionary
option available to women completing
Community Corrections Orders in Victoria. There
is limited provision for Koori men.
· When provided, culturally appropriate residential
diversion enjoys strong success rates, with
over 90 per cent of Koori men successfully
completing the program.
270
Victorian Courts
The Victorian court system is organised into three tiers.
· The Supreme Court is the superior court in
Victoria; it hears and determines substantial
criminal and civil matters.
· The County Court hears both middle tier criminal
matters and civil disputes.
· The Magistrates' Court which deals with civil,
minor criminal, industrial and some family
matters.
There are also specialist courts such as the
Drug Court, Family Violence Court Division, the
Children's Court, and the Coroners Court.
Current efforts to improve how Victorian courts work
There are a number of specific initiatives to assist
Koories going through courts and tribunals in
Victoria including:
Koori Courts at the Magistrates, County and
Children's Courts.
Koori Liaison Officer Program
(Magistrates' Court):
"This aims to address the over- representation of
Indigenous people in the Victorian Justice System,
and to assist Aboriginal people to maximise
their chances of rehabilitation through culturally
appropriate and sensitive intervention".
271
268

From 79 to 138 between February 2008 and February
2013. State of Victoria, Department of Justice, Justice
Health, `Koori Prisoner Mental Health', above n 7.
269

From the period of 16 January to 30 September 2012,
457 CCOs were registered for Koori offenders, Koori
women were subject to 105 of those CCOs, representing
9.5 per cent of the total of female offenders. State of
Victoria, Corrections Victoria, `Indigenous Offenders and
Prisoners November 2012', above n 4.
270

That is 97.1 per cent. Figure represents the success
percentage for the period July 2012 to May 2012. State of
Victoria, Corrections Victoria, `Indigenous Offenders and
Prisoners Data Report to the July 2013 AJF' above n 1.
271

Courts and Tribunals Victoria, Koori Court and Koori
Program
. <http://www.courts.vic.gov.au/courts-tribunals/
specialist-courts-and-initiatives/koori-court> at 5 June 2013.
Koori Victims of Crime Assistance Tribunal:
This is a specialist list at the Victims of Crime
Assistance Tribunal (VOCAT). It was established in
2006 in response to the under-utilisation of VOCAT
by Koori victims of crime.
272
Koori Family Violence Court Support Program:
employs a Koori Men and Women's Family
Violence Support Worker, who provide support and
information about the Court process and the family
violence services. This free service has operated
since July 2011 at the Melbourne Magistrates'
Court only.
273
Koori Courts
The Koori Courts are a division of the Magistrates'
Court of Victoria, the County Court of Victoria and
the Children's Court of Victoria. The Koori Court
provides an informal setting and allows greater
participation by the Koori community in the court
process.
274
They are an important initiative of the
AJA1, representing a significant reform to the
Victorian criminal justice system.
Koori Courts are available to those who:
· plead guilty to an offence and show an intention
to take responsibility for their actions
· live within or have been charged within the
boundary area of a Koori Court
· elect to have their matter heard in the Koori Court.
All offences that can be heard in the Magistrates'
Court can be heard in the Koori Court except for
family violence and sexual offences.
275
272

State of Victoria, Victims of Crime Assistance Tribunal,
Koori Victims of Crime <http://www.vocat.vic.gov.au/
koori-victims-crime> 5 June 2013.
273

Magistrates' Court of Victoria, Koori Family Violence
Court Support Program Brochure
(2012). <http://www.
magistratescourt.vic.gov.au/publication/koori-family-
violence-court-support-program-brochure> at 18 July
2013.
274

Koori Elders or Respected Persons, the Koori Court
Officer, Koori defendants and their families can
contribute during the Court hearing.
275

See, Magistrates' Court of Victoria, Koori Court FAQ.
<http://www.magistratescourt.vic.gov.au/faqs/frequently-
asked-questions/koori-court-faq> at 18 July 2013.