system however, it is usually associated with the
`front end' of the justice system that is with the
police and courts. A significant barrier to the
effective use of diversion is that police and the
courts are ill-equipped to divert Koori women into
existing services.
and the needs of Koori women make it difficult
to divert and refer Koori women into existing
services. It is difficult for individual Magistrates
to keep abreast of which services are available
and appropriate to the Koori woman appearing
before them. Koori women are equally unaware of
what services are available or how to navigate the
service system. In some cases, decision-making
has been affected:
communication across the justice
system...One example of a case is
where a Magistrate was considering
the placement of a 12-month old
child with her mother. The Magistrate
was unable to obtain information
on the Corrections policy for child
placement.
that individual Magistrates or police officers may
not know of their existence, eligibility criteria or
if vacancies exist in programs.
also means that support services may open/close or
vary eligibility criteria, leading to further unmet need.
Key informant interview, Magistrates' Court of Victoria, 3
March 2013.
Key informant interview, Magistrates' Court of Victoria,
3 March 2013.
undermines the ability of Koori women to
successfully engage with support programs and to
complete orders made by the Court.
example]...a young Koori woman...
who was bailed on three occasions,
each time went into emergency
housing and was back on remand
within a week.
be difficult and at times complex.
and homelessness is also a key indicator that
drives Koori women's reoffending.
informants also identified that Koori women need
coordinated support services to assist them to
reintegrate back into the community.
research identified the lack of pre- (and post-)
sentence residential options as a fundamental
barrier to Koori women successfully diverting
from the criminal justice system.
women's cultural needs, was primary. This requires
a fundamental re-think of diversion approaches.
option for women that assists them
with building a connection to culture,
addressing social issues (such as
drug and alcohol, family dysfunction,
therapy), parenting skills and an
emphasis on reconnecting with
children.
Key informant interview, Magistrates' Court of Victoria,
3 March 2013.
Magistrates' Court of Victoria, `Annual Report', above n
11, 59.
Eileen Baldry et al, `Needs Analysis Report', above n
62, 71
Key informant interview, Victorian Aboriginal Community
Controlled Health Organisation, 7 March 2013; Key
informant interview, Victorian Aboriginal Legal Service,
15 November 2012.
See for example, Key informant interview, Magistrates'
Court of Victoria, 3 March 2013. 69.5 per cent of
female Koori offenders are aged between 18 and
34, compared to 56.1 per cent of female non-Koori
offenders. See also, State of Victoria, Sentencing
Advisory Council, `Comparing Sentencing Outcomes',
above n 49, 16.
Key informant interview, Judge Paul Grant, President,
Children's Court of Victoria, 14 January 2013.