Unfinished business: Koori women and the justice system Page 54

50 Unfinished business: Koori women and the justice system

This is of concern to the Commission because, in
order to meet Charter obligations to equality before
the law, section 3A must be considered by police,
bail justices and Magistrates making bail decisions.

This under-utilisation means that cultural rights
and vulnerabilities may not be taken into account
when determining bail, which has a profound
impact on Koori women. This is another lost
opportunity to use available means to reduce the
over-representation of Koori people in Victorian
prisons, and in particular to address the escalating
numbers of Koori women on remand.

Housing is a real issue for Aboriginal
women. At times, even when housing
stock is available, the complex needs
of women can mean that they need
supported accommodation rather than
just access to a house.

282

Barriers to the court ordering bail

The chronic under-supply of safe, stable and
suitable accommodation options for Koori women
is placing limitations on the granting of bail.

283

In simple terms, the Magistrate could grant bail,
but is unable to because there is nowhere safe or
suitable for the Koori women to be bailed to. That
is, Koori women who should not be on remand are.
One key informant argued that.

The practice of remanding women as
they don't have housing or medical
support is a breach of their human
rights. They are being deprived of their
freedom as they have social and health
issues

.284

While our research indicates that this is a problem
throughout Victoria, particular problems arise for
Koori women refused bail in regional locations,
including when Victoria Police or a Bail Justice
refuses bail. This may lead to the woman spending
time in police cells, and/or being transported to the
Melbourne Custody Centre or Dame Phyllis Frost
Centre (DPFC) for a few days while they await their
full bail application before the Magistrate or by
video link.

282

Key informant interview, Aboriginal Outcomes Unit,
Department of Human Services, 30 November 2012.

283

Key informant interview, Magistrates' Court of Victoria, 3
March 2013.

284

Key informant Interview, North West Regional Aboriginal
Justice Advisory Committee and Victoria Aboriginal
Community Services Association, 16 January 2013.

When remanded by the Magistrate they may also
be away from country at DPFC while on remand.
This is particularly problematic for women with
children, but can be traumatic for any Koori woman
removed from her connections and country simply
because there is no viable accommodation option
to which they can be bailed.

Lack of transitional houses for Koori women on bail

One of the key initiatives of Better Pathways to
address the increase in women's imprisonment
in Victoria was to establish supported transitional
housing for Indigenous women on bail.

285

Ten

transitional houses for women were established.
Two of these are specifically for Koori women and
their children.

While a great initiative, there are severe limitations
associated with this program.

For example, the houses can only accommodate
two Koori women and their families for a period of
up to twelve months. In addition, in order to access
to these houses, women and their families have to
relocate to either Shepparton or Mildura.

However, recent data shows that most Koori women
offenders reside in and around metropolitan
Melbourne.

286

Therefore, if a vacancy arises, Koori

women need to relocate themselves and their
family to regional areas where they are unlikely
to have family and community connections,
employment and would have to move their children
from their school.

Further, the bail houses do not provide long-term
accommodation, which is pivotal to reducing
further contact with the criminal justice system.

While two specific houses were established for
Koori women, they also have priority access
to the other houses. However, the Commission
understands that in practice the properties
are usually full because of lack of move-on
accommodation and sheer demand among all
females on bail. This means that priority access
cannot be realised for Koori women.

It is also relatively static model as it relies on a
vacancy being available at the same time that a bail
order is being made. This limitation is exacerbated
by the small numbers of properties available.

285

State of Victoria, Department of Justice, `Better
Pathways', above n 109,

286

With other clusters in Mildura, Swan Hill, Shepparton
and East Gippsland, reflecting population
concentrations in those areas. State of Victoria,
Department of Justice, Koori Justice Unit, above n 8.