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Chapter 7: Consequences of lack of diversionary and post-release options 89
Aboriginal prisoners also experience
poorer health, with much higher rates
of sexually transmitted infections, blood
borne viruses, high blood sugar and
diabetes, liver-disease markers, asthma
and more. These health problems lead
to poor quality of life and premature
death and results in grief, loss, and
trauma among family, friends, and
communities. VACCHO concluded
that these imprisonment costs are a
significant economic burden and an
unquantifiable social cost.
534
Previous research and reports from the Koori
women in this study tell us that this cohort has highly
complex needs, and that they may enter prison with
poor health profiles and an "infrequent and sporadic
history of accessing community health services".
535
There may also be a compounding impact on health
due to the cycling of Koori women in and out of
prison, including on remand.
The Commission considers that If these complex
health needs are not adequately addressed
through the provision of culturally appropriate
and holistic care, this may offend Charter rights.
Further, if access limits or eligibility requirements
are framed in such a way that Koori women are
disproportionally affected, this may also amount to
indirect discrimination or a breach of the positive
duty to eliminate discrimination as far as possible.
536
Loss of cultural connection
Koori women's health and wellbeing depends on
a strong connection to culture. Key informants
described connection to culture as a `crucial
protective factor'.
537
Conversely, disconnection
drove the cycle of imprisonment.
Young Aboriginal women in particular
have no sense of a future. There is
a disconnection from culture where
prison becomes almost a rite of
passage.
538
534

Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 24-5.
535

Information provided to the Commission by Justice
Health, 24 July 2013.
536

However, if such limitations were found to be
reasonable, these restrictions would not amount to
unlawful discrimination.
537

Key informant interview, Judge Paul Grant, President,
Children's Court of Victoria, 14 January 2013.
538
Case study 5.
For some, who were not from Victoria,
discrimination and shame felt about
being in prison was of particular
concern.
539
[Koori women in prison] are
disconnected from culture and
community. If community does not
accept them, they are a write-off.
540
Despite the importance of culture, Koori women's
contact with the legal system often damaged,
rather than rebuilt, cultural connections.
Women come [to prison] from all
different geographic locations. [They]
lose connection to their cultural identity.
541
I felt humiliated [by treatment within the
legal system] but also shamed in my
community. Being from an Indigenous
community, everyone knows everyone's
business and word got around that [I]
was `in trouble'. Once this reputation
started [I] was not able to change
anyone's view of [me] especially the
Elders, which cause [me] more shame.
This was part of the reason why [I] left
my community and relocated.
542
Recent research demonstrates that imprisonment
has a significant impact on Koori women's ability to
practise and connect to their culture. This research
found that 75 per cent of Koori women in Victorian
prisons feel connected to their community and
culture but few have had the opportunity to practise
or live their spirituality over the last twelve months.
543
Key informants and the women themselves made
it clear that Koori women leaving prison needed
assistance to reconnect to culture, including with
family members.
544
The women need to reconnect with
their culture. They can't do it on their
own...[taking] part in the community...
would establish pride in their culture,
give them a sense of belonging and
help with the healing process.
545
539

Focus group interview, 16 April 2013.
540

Key informant interview, Dame Phyllis Frost Centre,
7 February 2013.
541
Focus group participant, 14 December 2013.
542
Case study 2.
543

State of Victoria, Department of Justice, Justice Health,
`Koori Prisoner Mental Health', above n 7.
544

For example, focus group interview, 17 January 2013.
545

Key informant interview, Dame Phyllis Frost Centre,
7 February 2013.