background image
82 Unfinished business: Koori women and the justice system
· Keeping Koori women cycling through the
criminal justice system is economically
inefficient. Recent modelling found that the
institutional costs of a female Aboriginal
offender in NSW with a history of homelessness,
drug and alcohol misuse, family violence
and mental illness to be over $1.1 million per
offender.
The Charter of Human Rights and
Responsibilities Act 2006
The following agencies are public authorities under
section 4 of the Charter. These organisations and their
staff have obligations under section 38 of the Charter
to act compatibly with human rights, and to consider
human rights when developing policies, making laws,
delivering services and making decisions.
· Department of Justice
· Victoria Police, including Protective Service Officers
· Magistrates' Courts and the Supreme Court
(when acting in an administrative capacity)
487
· Bail justices
488
· Office of Public Prosecutions
· Victoria Legal Aid
· Corrections Victoria
· G4S (who deliver prisoner transport and run
the Melbourne Custody Centre on behalf of the
State of Victoria)
· Non-government organisations that provide
services on behalf of the state of Victoria, before,
during and after a Koori woman is in prison.
489
487

For example when listing matters. The Courts also
have obligations under s 6(2)(b) of the Charter to
the extent that they have functions under Part 2 and
Division 3 of Part 3 of the Act. For example, this means
that the Charter recognises the role of the courts in
guaranteeing the fair trial right.
488
Bail Act 1977 (Vic) s 12. Section 10 of the Act also
makes provision for a police sergeant or the officer
in charge of a police station to grant bail in some
circumstances. When Bail Justices and police
are making bail decisions, these decisions are
administrative in nature and so must be consistent with
the Charter.
489
Charter of Human Rights and Responsibilities Act 2006
(Vic) s 4(1)(c).
These organisations must protect and promote
Charter rights. Not only should these organisations
and individuals observe these minimum rights, they
must also take rights into account in all aspects of
service delivery.
Relevant Charter rights include liberty and security
of the person, rights in the criminal justice system,
and protections to ensure the dignity of the person
when in custody.
490
The right to equality before the
law and cultural rights must also be considered
whenever a Koori woman is incarcerated, and
throughout the criminal justice system.
491
Rights of other people, including children, are also
engaged whenever a child is separated from their
mother entering prison.
492
490
Charter of Human Rights and Responsibilities Act 2006
(Vic) ss 21, 22, 25. These rights are also protected by
the International Covenant on Civil and Political Rights,
opened for signature 19 December 1966, 999 UNTS
171 (entered into force on 23 March 1976).
491
Charter of Human Rights and Responsibilities Act 2006
(Vic) ss 8, 19. These rights are also protected by the
International Covenant on Civil and Political Rights.
492
Charter of Human Rights and Responsibilities Act 2006
(Vic) s 17.