substantive equality within the meaning of
section 8(4) of the Charter. It recognises that
to achieve equality Koori offenders need to
be treated differently in recognition of the
historical disadvantage that has led to the over-
representation of Aboriginal people on remand.
Charter Aboriginality must be taken into account
whenever police, bail justices or Magistrates are
making decisions to bail or remand a Koori woman.
Koori women on remand suggests that section 3A,
and its connection to the right to equality is not
well understood. In particular, the vulnerabilities
and needs of Koori women are not being taken
into account when determining bail. This has a
profound impact on individual Koori women who
enter prison on remand and are at risk. It is another
lost opportunity to use existing laws to address the
escalating numbers of Koori women on remand or
to break the cycle of offending, imprisonment and
further offending.
including race and gender is unlawful under
the Equal Opportunity Act.
unfavourably because of a personal characteristic
protected by law. Discrimination also includes
imposing unreasonable requirements, conditions
and practices that disadvantage, or could
disadvantage, people with a particular personal
characteristic.
discrimination in areas of public life such as
education, health, accommodation and services
which includes police and the provision of support
services in prison and post-release.
Opportunity Act has its broad, ordinary meaning
and relates to any helpful activity performed for the
benefit of a person.
Section 3A also promotes the cultural rights of
Aboriginal persons protected by the section 19(2)
of the Charter because it requires a decision-maker
to take into account any issues that arise due to the
Aboriginality of an accused, which may, include
participation in cultural events or ceremonies. It also
responds to the particular vulnerabilities and risks that
Koories may experience in custody.
under the Equal Opportunity Act when it holds
a prisoner on remand or when he or she is
sentenced to imprisonment. However, education,
health, vocational and other programs provided
by Corrections Victoria, or non-government
organisations in prison are services under the Act.
Community Correction programs delivered by or
on behalf of Corrections Victoria are also services.
must not discriminate in the way that they provide
these services. Failing to tailor services to the
needs of Koori women can be a form of indirect
discrimination when this is not reasonable in the
circumstances.
holders to take a proactive approach to preventing
discrimination. This positive duty requires service
providers to take reasonable and proportionate
measures to eliminate discrimination as far as
possible.
in accessing services, paying regard to particularly
vulnerable groups who may face multiple
disadvantages, including Koori women.
support services compromises a Koori woman's
ability to stay out of prison, or avoid the justice
system in the first place, access housing, or
has other negative impacts on her family and
life chances, then we need to consider if this
amounts to discriminatory treatment that could be
reasonably prevented.
implications, we need to ask why have suitable
support and diversionary options not been made
available to Koori women in ways that take into
account their individual needs?
criminal proceedings (section 25)
person has when charged with a criminal offence.
These include the right to be told the charges
against you in a language you understand; the
right to an interpreter if you need one; the right to
have time and the facilities to prepare your own
case or to talk to your lawyer; the right to have your
trial heard without too much delay; the right to be
told about Victoria Legal Aid if you do not have a
lawyer and that you are presumed innocent until
proven guilty.