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Chapter 5: Courts and diversion 51
Family violence
Another factor limiting the use of bail is the high
proportion of Koori women experiencing family
violence, which often means the family home is
unsuitable for bail because of the risk that she may
be subject to further violence.
287
Even with recent additional investment under the
Family Violence Community Initiatives Fund, there
remain limited community-based services to assist
Koori women who are dealing with the effects
of trauma and family violence when in contact
with the justice system. Turn-away rates from
refuges are high, and even if a place is available,
accommodation is temporary. Nationally, data from
2010-11 reveal that more than half of all people
turned away from homeless accommodation were
female
288
and that Aboriginal and Torres Strait
Islanders were significantly over-represented.
In that period, 21 per cent of all people using
specialist homelessness services were Aboriginal
and/or Torres Strait Islander. However, 29 per cent
of those turned away were from this group.
289
As there is a lack of move-on accommodation,
such services quickly fill up and there are no
spaces available for others in urgent need. Overall,
85 five per cent of people with a valid unmet need
for immediate accommodation were turned away
because there was no available accommodation to
provide them.
290
Lack of residential options with therapeutic focus
Koori women in contact with the justice system
have a high prevalence of drug and alcohol
misuse and mental health issues, yet there are
limited community-based residential therapeutic
facilities to address their needs.
Winja Ulupna was identified as the only service of its
kind for Koori women in Victoria, that is, a culturally
appropriate residential treatment facility. Winja Ulupna
is a 24-hour residential rehabilitation centre for adult
Koori women who suffer from alcoholism or drug
287

Aboriginal women are 40 times more likely to be a
victim of family violence than non-Aboriginal women.
See, Aboriginal Family Violence Prevention and Legal
Service Victoria, A Force To Be Reckoned With 2002-
2012: Still Standing Strong
(2012) 7.
288

Sixty per cent female, 40 per cent male. Australian
Institute of Health and Welfare, People turned away
from government-funded specialist homelessness
accommodation 2010-11
(2011) 7. Note: Due to
inconsistencies in the delivery of homelessness
services, Victorian data has been excluded from the
AIHW 2010-11 report.
289
Ibid 7.
290
Ibid 8.
dependence, delivered by Ngwala Willumbong Co-
operative Ltd.
291
Admission to the centre is voluntary
or by court referral. The facility accommodates up to
eight Koori women at a time. The length of stay varies
for each woman; however, clients are encouraged
to stay a minimum of three months to allow them
time develop the skills and strategies needed to stay
drug-free once they leave the centre.
292
The women are required to participate in a
range of culturally relevant self-help and self-
development programs and daily activities
including: parenting skills; women's health
and nutrition; abuse and group therapy; self-
esteem and anger management; family violence;
Alcoholics and Narcotics Anonymous meetings;
individual and group counselling; relapse
prevention; computer skills and art.
293
While it provides a vital service, Winja Ulupna has
major limitations as it can only accommodate a
small number of clients and so has a long waitlist.
It also does not have the facilities to cater for
children, although family members, friends and
partners are encouraged to keep in contact with
clients while they are recovering in the centre.
Remand as therapy
Given the lack of appropriate bail options for those
with drug and alcohol dependence, key informants
identified that for Koori women remand is being
used for therapeutic purposes.
294
Women are placed in custody with the intention
of stabilising them, removing them from unsafe
environments and providing them with the
opportunity to `dry out'. However, this risks further
criminalising women because of unmet needs for
non-justice supports including mental health, drug
and alcohol and accommodation services.
291

Ngwala also offers residential alcohol and drug
facilities for Koori men and outreach support services to
meet the needs of the Aboriginal community in Victoria.
Galiamble in St Kilda houses 16 men, while Yitjawudik
in Mooroopna houses eight men. They also run the
Koori Community Alcohol and Drug Recovery Centre
which provides "an alternative to prison and police
lock-up situations for Koori men and women who are
under the influence of alcohol or drugs when they are
picked up by police". Ngwala Willumbong Co-operative
Ltd, Winja Ulupna Women's Recovery Centre. <http://
www.ngwala.org.au/winjaulupna.html> at 18 July 2013.
292 Ibid.
293 Ibid.
294

Case study 5. See also, Key informant interview,
Aboriginal Outcomes Unit, Department of Human
Services, 30 November 2012; key informant interview,
Magistrates' Court of Victoria, 3 March 2013.