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Chapter 7: Consequences of lack of diversionary and post-release options 87
Cultural rights (section 19), including the right
people have to practise religion and enjoy their
culture, and recognising the distinct cultural
rights of Aboriginal persons. This right requires
Corrections Victoria to ensure that a Koori woman
in custody has access to culturally appropriate
services, is able to maintain cultural connections
and can practice her culture while in custody.
Impacts on the rights of Koori women
Loss of liberty and freedom of movement ­ the
revolving door of prison
By its nature, spending time in prison involves the
loss of liberty and freedom of movement. However,
our corrections system is predicated on more than
just punishment. Rather "Corrections Victoria is
responsible for achieving the appropriate balance
between a high level of community safety and
the humane treatment of prisoners, focusing on
strategies to rehabilitate prisoners in custody and
tackling the underlying causes of crime to reduce
re-offending".
512
In 2012, more than half the Koori women in custody
had a history of prior offending and imprisonment.
513
This starts with time spent on remand or short
sentences and then escalates into a pattern of periods
in prison, reoffending and then reimprisonment.
Reoffending could be regarded as a failure to
rehabilitate prisoners and tackle the causes of crime.
Many of the women we spoke to in focus groups
had been in prison before, some multiple times.
I have been in prison six times...What
brings me back in? When I get out I
reconnect with the wrong girls and
start stealing again to support my
habit. This is what brings me back
to prison.
514
I am 23 years old. This is the fifth time
I have been in prison...Before prison,
I got bail about 30 times and I feel
like I was given lots of chances but I
couldn't stop taking drugs.
515
Women mentioned experiences of family violence,
cultural disconnection, separation from children
and homelessness as factors that led to drug
taking, and then imprisonment.
516
These factors
were exacerbated by a lack of services before,
during and post-imprisonment.
512

Corrections Victoria, Prison. <http://www.corrections.
vic.gov.au/home/prison/> at 18 July 2013.
513

State of Victoria, Corrections Victoria, `Transition to
Tarrengower', above n 331, 11.
514
Case study 3.
515
Case study 1.
516
For example, case study 1; case study 2.
For some women, prison caused such profound
losses of freedom, independence and basic life
skills that it fuelled a vicious cycle. Prison acted as
a catalyst for destructive behaviours, contributing
to the spiral downwards into further criminal
conduct post-release.
With all that has been taken, we have
to start over again.
517
...the longer someone stays in
custody, the more likely they are
to lose everything ­ and I mean
everything! They lose their kids, their
families, their jobs if they have one,
their accommodation, their health...all
their possessions and their memories
and the list goes on...I don't know
if anyone really realises, apart from
maybe natural disaster survivors, how
hard it is to rebuild a life, no matter how
pitiful, from such ruins.
518
For these women, prison had caused trauma that
went beyond punishment for the original offending
behaviour.
Prison is a trauma in itself. It represents
a separation from all they have known,
so there is a real sense of loss... short
custodial periods puts housing and
employment in jeopardy.
519
One woman had a house with Office
of Housing for six years. She is serving
a nine-month sentence. The housing
policy only `holds' the house for six
months. She had to relinquish the
house. When she is released, she will
be homeless and unable to get care of
her children.
520
Rather than rehabilitating the women or tackling
the factors contributing to their offending,
imprisonment of these women further damaged
the protective factors that might have prevented
reoffending.
Ironically, some women felt that prison was the
safest place to be or provided them with access
to supports that they could not get on the outside.
It is plausible that prison conditions are more
favourable for some Koori women than their
prospects out in the community, which is also
driving high reimprisonment rates.
517
Focus group participant, 17 January 2013.
518
Case study 5.
519

Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
520
Focus group participant, 14 December 2013.