women, separating them from their families and
culture, jeopardising housing and employment
opportunities and compounding experiences of
trauma and marginalisation. Furthermore, given
many Koori women play a crucial caregiver role,
their imprisonment also has an enormous impact
on their children, families and communities.
the family unit, this often signifies the
removal of the only secure point of
reference in the child's life. The impact
on children is profound.
family has largely been absent from the discussion
about imprisonment. However, it is one of the most
significant costs associated with the increasing
incarceration of Koori women.
the relationship between Koori women and their
children, especially as their children grow and their
needs change. It also places these children at a
much greater likelihood of contact with the child
protection system, which in turn is a major risk
factor in putting the next generation of Koori young
people on a pathway to prison.
by a lack of appropriate diversion options and post-
release support, compared to men, offends the right
to equality before the law. It may also breach the
positive duty to eliminate discrimination contained in
section 15 of the Equal Opportunity Act 2010 (Vic).
This requires work on behalf of all relevant agencies
to identify and end systemic discrimination on the
basis of race and or gender.
that lead to increasing rates of imprisonment
undermines the rights of Koori women, and their
children, protected in the Charter of Human Rights
and Responsibilities Act 2006 (Vic). It also places
significant financial costs on the Victorian public
and works against government efforts to promote
community safety.
Key informant interview, Dr Harry Blagg, 23 November
2012.
as children. Many now have their own children in
informal or out-of-home care.
prior to entering prison.
or cognitive disabilities.
Victorian prison system, for men or women.
That is 8.9 per cent. State of Victoria, Corrections
Victoria, `Indigenous Offenders and Prisoners: Data
Report to the March 2013 AJF' (Presentation to
Aboriginal Justice Forum 14-15 March 2013).
As at September 2012, 38 per cent of Victorian female
prisoners were on remand. State of Victoria, Corrections
Victoria, `Indigenous Offenders and Prisoners: Data
Report to the November 2012 AJF' (Presentation to
Aboriginal Justice Forum 9 November 2012).
A study of Victorian female prisoners found 87 per cent
were victims of sexual, physical or emotional abuse,
with most having suffered abuse in multiple forms.
Data drawn from a 2004 study. See, Smart Justice,
Factsheet: more prisons are not the answer to reducing
crime (2011) 2. <http://www.smartjustice.org.au/
resources/SJ%20Factsheet%20Prisons%202011.pdf>
at 17 July 2013.
See, State of Victoria, Sentencing Advisory Council,
Comparing Sentencing Outcomes for Koori and
non-Koori Adult Offenders in the Magistrates' Court
of Victoria (2013) 50; Parliament of Australia, Senate
Standing Committee on Legal and Constitutional Affairs
References Committee, Report of the Inquiry into the
value of a justice reinvestment approach to criminal
justice in Australia (2013) 35.
State of Victoria, Department of Justice, Justice Health,
`Koori Prisoner Mental Health Cognitive Functioning
Study' (Presentation by Professor James Ogloff to
Aboriginal Justice Forum 14-15 March 2013).
State of Victoria, Department of Justice, Koori Justice
Unit, `Koori Women's Diversion Project' (Presentation
to Koori Women's Diversion Project Working Group
meeting 3 July 2013).