from entering the prison system wherever possible.
This means tackling gaps in services outside the
justice system, including health, drug and alcohol
and mental health services.
Koori women are dealt with by the Magistrates'
Court.
Koori women are either not eligible for or accessing
these services.
programs, such as the Court Integrated Services
Program (CISP).
CREDIT Bail Support Program across Victoria.
of these and other programs by Koori women,
including geographical inequalities, lengthy waiting
lists for external services, a lack of cultural and
gender focus and a lack of anonymity, leading to
fear of identification by other community members.
in promoting greater use of diversion for Koori
women, as they are the people who effectively
recommend offenders to the Criminal Justice
Diversion Program (CJDP), however, this option is
not pursued as often as it could be. Very few Koori
women are put forward for this program, even when
they are first-time offenders. Less than one per
cent of offenders on this scheme identify as Koori.
Information provided to the Commission by the
Sentencing Advisory Council on 1 February 2013.
Magistrates Court of Victoria, Koori Courts Integrated
Services Program Discussion Paper (unpublished),
provided to the Commission on 5 March 2013.
That is 25 per cent of the total number of assessed
accused who identified as Koori. It is not possible to
make a direct comparison of how many Koori women
would be eligible for the Court Integrated Support
Program using publically available data, however the
Commission notes that 1,900 people accessed that
program in 2011-12, 212 clients identified as Aboriginal
only or Aboriginal/Torres Strait Islander (11 per cent).
Magistrates' Court of Victoria, 2011-12 Annual Report
(2012) 97.
of Koori women who enter prison on remand. In
many situations, Koori women are denied bail
because of a chronic lack of safe and secure
accommodation to which they can be bailed. In
addition, section 3A of the Bail Act 1977 (Vic),
which requires decision-makers to consider
Aboriginality, is under-utilised. This represents a
lost opportunity to reduce the number of Koori
women entering prison on remand, especially
when less than 15 per cent of these women end
up receiving a custodial sentence.
needs to be community driven.
research highlight, there is a compelling need for
a more comprehensive and effective approach
to reducing the increasing incarceration of Koori
women. The evaluation of the Aboriginal Justice
Agreement Phase 2 also identified that the
development of effective diversionary options for
Koori women is a key unfinished task.
recognise that offending and imprisonment patterns
for Koori women differ from those of other women
and Koori men. Accordingly, preventative and
diversionary responses must be tailored to the
particular needs and circumstances of these women.
justice system, including the attitudes, practices
and policies of Victoria Police, Corrections Victoria,
the courts and prisons.
well before they have contact with the justice
system; starting by ensuring the services and
supports they need to address the risk factors that
can lead to offending such as drug and alcohol
misuse, family violence, family breakdown and
homelessness are available, accessible and
ensure their cultural safety.
"In 2012, of 67 Koori women on remand, 60 per cent
were released without being sentenced." Koori Justice
Unit, above n 8.
Key informant interview, Victorian Aboriginal Community
Controlled Health Organisation, 7 March 2013.
State of Victoria, Department of Justice, Victorian
Aboriginal Justice Agreement Phase 3 (AJA3) (2013) 30.