background image
2 Unfinished business: Koori women and the justice system
There are a range of reasons why these women
enter prison, and why they may do so many times.
There are also some relatively straightforward
options that could be made available to break the
offending cycle. The Aboriginal Justice Agreement
provides a unique framework for government to
address the over-representation of Koori people
in the justice system. The evaluation of the AJA
2 acknowledges that not enough work had
been done to address issues particularly facing
Koori Women, which is why the Commission has
undertaken this research as a commitment under
the AJA3.
We of course acknowledge that the women are in
prison because they have committed an offence,
but research shows that Koori women are entering
prison at escalating rates, often for minor crimes
or justice breaches. Options such as cautioning,
diversion and mentoring are more likely to be
available, accessed and successful for non-Koori
women. These women are then far less likely to
re-offend and return to prison; yet for some Koori
women, we know once they have contact with the
justice system, they are more likely to return again
and again.
This disproportionate affect on Koori women
is a sad cycle, but one that can be broken. We
are talking about a relatively small number of
women ­ and the Commission believes there is
an opportunity to make significant sustainable
improvements to the outcomes for these women
with a relatively low but strategic investment of
funds and by adjusting and enhancing some key
policies and processes. The benefits to the women,
their families and our community in halting a cycle
of inter-generational tragedy are obvious ­ but the
reality is the future cost-savings associated with
keeping people out of prison and their children out
of care mean there is no excuse for not acting now.
We want to acknowledge the support of key
informants to the research, including staff of the
Department of Justice Koori Justice Unit, Victorian
Aboriginal Legal Service and Justice Health. Our
thanks also to Corrections Victoria, members of the
judiciary, and members of the Aboriginal Justice
Forum (AJF) and Koori Caucus in developing this
report, in particular key advocates Aunty Bess
Yarram, Antoinette Braybrook and Linda Bamblett
who gave this project momentum.
We would like to thank Commission staff, the
report's authors, Taryn Lee, Simone Gristwood and
Michelle Burrell for their dedication to this project as
well as the staff of the Dame Phyllis Frost Centre,
especially Aunty Lynn Killeen.
Most of all we'd like to thank the women
themselves for sharing their stories with us. They
are all looking for ways to break the cycle and their
views and individual stories have helped inform this
report and the recommendations.
The Commission congratulates the Victorian
government on reaffirming it's commitment to
addressing Koori disadvantage in the justice
system announced in July 2013 by Premier
Denis Napthine.
As a member of the AJF, the Commission is very
supportive of the series of important measures the
government is currently implementing, aimed at
ensuring the justice system is more responsive to
and inclusive of the needs of the Koori community.
Our Victorian Koori community bears the scars
of centuries of displacement, disconnection and
discrimination. Some women, due to their own
histories of displacement and often abuse, are less
likely to have the strength and resilience needed to
turn their lives around.
We owe it to these women, and their children and
families, to develop innovative and sustainable
responses that support their strong desire to be
with their families, be strong in their culture and
stay out of the justice system.
Karen Toohey
Acting Commissioner
26 July 2013
John Searle
Chairperson