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Chapter 5: Courts and diversion 59
Lack of holistic diversionary programs to prevent
both victimisation and offending behaviour.
The over-representation of Koories in the justice
system as both victims and offenders has
intergenerational causes and effects.
352
In Victoria,
while the number of services for survivors of
trauma and family violence had increased under
AJA2
353
, there are limited community-based
services to assist Koori women who are dealing
with the effects of trauma and family violence prior
to involvement with the justice system.
Cultural inequities
While there are some mainstream supports,
such as CISP, Koori women told us these are
under-utilised.
354
One factor informing this under-
utilisation may be that without a specific Koori CISP
the program does not have the level of cultural
relevance that many Koori women need in order to
engage.
At the same time, given the gaps in diversionary
options, other parts of the system, such as
the Koori Court may not have ready access to
services that could support women to successfully
complete orders and stay out of prison.
A downfall of the Koori Courts (which
is a fantastic concept) is the lack of
cultural diversion programs. They could
be doing more if they had cultural
diversion programs. I think diversion
should be at Koori Courts as the Elders
are there; it is embedded in the system
and Koories are accessing it. We
have nowhere to send people, we're
hamstrung
there's Ngwala [Winja Ulupna
Women's Recovery Centre drug and
alcohol detox] but they can't cope.
355
Geographic inequities
Our research shows that there are limited services
available in restricted areas. As noted above, CISP
is only available in Melbourne, Sunshine and the
Latrobe Valley. In addition, the two transitional
houses for Koori women are located in Mildura and
Shepparton. These geographical limitations further
contribute to fragmentation of the service system.
352

National Congress of Australia's First Peoples, `Justice
Reinvestment Approach', above n 201,19.
353
Nous Group, above n 25, 50-51.
354
Focus group interview, 6 March 2013.
355

Key informant interview, Victorian Aboriginal Community
Controlled Health Organisation, 7 March 2013
Gender inequality ­ options for men but not
for women
Men have a range of diversionary
programs ­ Wulgunggo Ngalu,
Baroona, and Judy Lazarus [Transition
Centre]. There is nothing for us. With
the support of these programs for
men, they are able to change their
ways, women don't have that support.
There are often greater challenges for
women than for men.
356
The key informants and focus group participants
identified three residential diversion facilities for
Koori males at different stages of contact with
the justice system. Baroona is community-owned
residential facility for Koori young men aged
between 14-25 years of age at risk of or in contact
with the justice system.
357
Wulgunggo Ngalu,
described above, and Judy Lazarus Transition
Centre provide services for men exiting prison.
Yet participants could not identify one dedicated
residential facility for Koori women. Koori women
also identified a lack of drug and alcohol services:
[We need] more drug and alcohol
places like Ngwala. There are heaps
for men but none for women.
358
In addition to the lack of services, Koori women
identified that diversionary services failed to meet
women's needs.
Besides the fact that there are a lot of
services around for men that are not
available for women, women also have
children to support. If women aren't able
to access financial support then they end
up reoffending to support their kids.
359
Clearly, there is gender inequality in
diversion options for Koori women
resulting in the increasing use of
imprisonment as the only option
available to the Court.
In particular there are no residential-
based diversion options for women
completing Community Corrections
Orders.
360
There is nothing in Australia that is
culturally appropriate for women.
361
356
Focus group interview, 17 January 2013.
357

Njernda Aboriginal Corporation, Baroona Healing
Centre
. <http://njernda.designexperts.com.au/baroona-
healing-centre> at 18 July 2013.
358
Focus group participant, 6 March 2013.
359
Focus group participant, 17 January 2013.
360

There are limited options for Koori men.
361

Key informant interview, Aboriginal Family Violence
Prevention Legal Service, 13 December 2012.