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Chapter 5: Courts and diversion 53
Therapeutic and diversionary options
at court
While bail is of significant concern, it is also clear
that Koori incarceration rates could be reduced
through the increased use of diversion.
302
However,
existing schemes are not being used to their full
potential.
303
There are several therapeutic and diversionary
schemes available in Victoria, including:
· Criminal Justice Diversion Program at the
Magistrates' Court of Victoria
· Court Integrated Services Program (CISP) at the
Magistrates' Court of Victoria
· Court referral for Evaluation of Drug Intervention
and Treatment (CREDIT/Bail Support): Upon
being referred by a Magistrate, police officer,
legal representative, court nominee, family or
the client themselves, clients are required to
commit to treatment and attend regular support
meetings with their case manager
304
· Koori Community Engagement Officers (KCEO):
who aim to "assist in the management of Koori
direct contacts that come before the courts
by assisting them with advice and access to
culturally appropriate and sensitive services.
The KCEO liaises with members of the local
Koori communities to inform them of the court
process whilst also raising regional awareness
of Indigenous and cross-cultural issues."
305
302

See, Troy Allard et al, `Diversion of Young Offenders',
above n 194, 1; Chris Cunneen, Neva Collings, and
Nina Ralph, Evaluation of the Queensland Aboriginal
and Torres Strait Islander justice agreement
(University
of Sydney, 2005); Garth Luke and Chris Cunneen,
Aboriginal over-representation and discretionary
decisions in the NSW juvenile justice system
(Juvenile
Justice Advisory Council of New South Wales, 1995).
303

Troy Allard et al, `Diversion of Young Offenders', above
n 194, 2.
304

See Magistrates' Court of Victoria, CREDIT Bail Support
Program
. <http://www.magistratescourt.vic.gov.au/
jurisdictions/specialist-jurisdictions/court-support-
services/credit-bail-support-program> at 20 June 2013.
305

See, Magistrates' Court of Victoria, Koori Community
Engagement Officer (KCEO)
. <http://www.
magistratescourt.vic.gov.au/jurisdictions/specialist-
jurisdictions/court-support-services/koori-community-
engagement-officer-kceo> at 20 June 2013.
Criminal Justice
Diversion Program
(CJDP)
In 1997, the Magistrates'
Court of Victoria, in co-
operation with Victoria Police,
piloted a diversionary scheme at
Broadmeadows Magistrates' Court. It is now
available to all Magistrates' Courts throughout
Victoria. The Program provides mainly first-
time offenders with the opportunity to avoid a
criminal record by undertaking conditions that
benefit the offender, victim and the community
as a whole.
.
306
Under the Criminal Procedure Act 2009 (Vic), if
at any time before taking a plea from an accused
for a summary offence, or an indictable offence
that may be heard and determined summarily, the
Magistrates' Court may adjourn the proceeding for
12 months to enable the accused to participate in
and complete a diversion program.
307
In order for this to occur:
· the accused must acknowledge responsibility
for the offence;
308
and
· the Magistrates' Court must consider it
appropriate that the accused participate in a
diversion program; and
· both the prosecution and the accused must
consent to the proceedings being adjourned for
this purpose.
309
Diversion programs may include attending
counselling or treatment, performing community
work, abiding by a curfew, not associating with
certain persons, or apologising or compensating
the victim.
310
306

Magistrates' Court of Victoria, Criminal Justice
Diversion Program
. <http://www.magistratescourt.vic.
gov.au/jurisdictions/criminal-and-traffic/criminal-justice-
diversion-program> at 5 June 2013.
307

This is not available for offences punishable by a
minimum or fixed sentence, including cancellation or
suspension of a driving licence. Criminal Procedure Act
2009
(Vic) s 59(1).
308

This acknowledgement is inadmissible as evidence in
a proceeding for that offence and does not constitute a
plea. Criminal Procedure Act 2009 (Vic) s 59(3).
309
Criminal Procedure Act 2009 (Vic) s 59(2).
310
Fitzroy Legal Service, above n 240, 124.