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Chapter 5: Courts and diversion 55
· case management for up to four months for
medium and high risk clients
· referrals and linkages to support services
including drug and alcohol treatment, acquired
brain injury services, accommodation services,
disability support and mental health care
321
· Aboriginal community liaison
322
· A referral pathway for police through
SupportLink.
323
Referrals to the CISP can be made by the police,
legal representatives, Magistrates, court staff, support
services, family, friends, or the person themselves.
Whilst CISP is a mainstream service, Koori
offenders have access to the Koori Liaison Officer
Program. In 2012, 48 Koori women used the CISP
program and the CREDIT Bail Support Program
across Victoria.
324
This suggests that for Koori women, the primary
support program at the Magistrates' Court may be
under-utilised. Reasons for this reported by Koori
women included:
· the program was not specifically designed for
the needs of Koori women and their family
· there may be a lack of access to Koori
workers. Of the three women the Commission
interviewed who had accessed CISP in the past,
all reported negative experiences. Some told us
they had no contact with a Koori worker despite
this being a stated feature of the program.
325
· it is not available in all locations, including
regional locations with high Koori populations
including Mildura and Swan Hill
321

"CISP and the CREDIT/Bail Support Program also have
access to a limited number of transitional housing
properties. Housing support services are currently
provided by Home Ground Services". Magistrates'
Court of Victoria, `Annual Report', above n 11, 59.
322

Magistrates' Court of Victoria, `CISP', above n 319.
323

"In June 2011, the CISP signed a Memorandum of
Understanding with SupportLink for the SupportLink
Early Intervention and Diversion Program. This initiative
provides a single referral gateway for Victoria Police,
diverting non-police matters to specialist agencies. It
allows operational police to refer accused to CISP as
soon as charges have been laid. Magistrates' Court of
Victoria, `Annual Report', above n 11, 59.
324

That is 25 per cent of the total number of assessed
accused who identified as Koori. It is not possible to
make a direct comparison of how many Koori women
who would be eligible for the Court Integrated Support
Program using publically available data, however the
Commission notes that 1,900 people accessed CISP in
the 2011-12 year, 212 clients identified as Aboriginal only
or Aboriginal/Torres Strait Islander (11 per cent). Ibid.
325
Focus group interview, 6 March 2013.
· CISP primarily provides case management
and referrals to external services. Waiting lists
for these are common. In addition, if there are
access barriers to services including cultural
barriers or fear of identification by other
community members, Koori women may not get
the support they need.
As key informants identified, if there were Koori-
specific CISP services, Koori women's utilisation
rates would be far greater.
326
Similarly, if CISP was
available at more courts, access would
also improve.

Sentencing of
Koori women
In Victoria, the sentencing
of adult offenders is
governed by the Sentencing
Act 1991
(Vic). The purposes
for which a court may impose a
sentence in Victoria are to:
·

punish the offender to an extent and
in a manner which is just in all of the
circumstances; or
·

deter the offender or other persons from
committing offences of the same or a
similar character; or
·

establish conditions within which it
is considered by the court that the
rehabilitation of the offender may be
facilitated; or
·

manifest the denunciation by the court of
the type of conduct in which the offender
engaged; or
·

protect the community from the
offender; or
·

a combination of two or more of those
purposes.
327
The sentences the court can impose are:
·
a term of imprisonment
·
a suspended sentence
·

order the offender to complete a
Community Corrections Order.
326

See for example, key informant interview, Magistrates'
Court of Victoria, 3 March 2013; key informant interview,
Victorian Aboriginal Legal Service, 15 November 2012.
327
Sentencing Act 1991 (Vic) s 5(1).