of Human Rights and Responsibilities (Public
Authorities) Regulations 2009 declared that the
APB is not a public authority for the purposes of
the Charter.
are granted parole. These include unchangeable
factors such as the nature of the offence, history
of criminal offending, and completion/breach
of previous parole orders.
complete prison-based and further programs once
released.
programs in prison may diminish Koori women's
chances of being eligible for and granted parole.
In addition, lack of culturally appropriate supports
after prison minimises prospects for successful
completion of parole orders. Other key issues
of concern for the APB when considering parole
include mental illness and substance abuse. If
services are not available and the woman is at
risk of returning to patterns of behaviour exhibited
prior to her imprisonment, the prospects for parole
are likely to be poor. Similarly, if a woman does not
have a stable place to live upon release, her parole
is at risk.
parole conditions
no statistics are available on Koori women's
completion and breach rates for parole. Recent
research has found that Koories are more likely
to have a previous breach of parole, generally
for noncompliance rather than reoffending.
breach parole at high rates because they require
greater levels of support which is not always
compatible with the compliance regime.
The current Charter of Human Rights and
Responsibilities (Public Authorities) Regulations 2009
(Vic) apply until 27 December 2013.
Recent research found that Koories have a higher risk
of re-offending compared to the non-Koori offender
population. State of Victoria, Sentencing Advisory
Council, `Comparing Sentencing Outcomes', above n
49, 57.
officers is around enforcement and
compliance rather than a supportive
therapeutic approach... We need
parole officers working with you, rather
than telling you what to do.
to confide in their parole officers when they are
struggling. They feel if they ask for help they will be
`breached' and end up back in prison.
by comments made by the Magistrates' Court:
approach to parole, rather than a
therapeutic model. This approach
has made it more difficult for women
to comply with orders. There is no
flexibility in the approach and there is
no consideration of cultural factors.
demands on Koori women. For example, one Koori
woman was living in the Western suburbs while
her parole officer was located on the other side
of Melbourne (despite other offices being closer
to her residence). The women had to commute on
public transport (a three-hour round trip) twice a
week to meet with her parole officer. The woman
experienced problems with travel and costs.
When she was unable to attend meetings, she
was placed in breach of parole and was later
reimprisoned.
entire prison sentence than apply for and be
released on a parole order.
parole. I never want parole again.
experience significant frustration when attempting to
complete parole orders, navigate support services
and get their lives on track after leaving prison.
When women are struggling on the outside with
limited support many are tempted to go back to their
`old ways'. Often women have conflicting needs that
must be met at the same time (as parole conditions).
This is exacerbated when children are involved.
Key informant interview, Magistrates' Court of Victoria,
3 March 2013.