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90 Unfinished business: Koori women and the justice system
Unfortunately, this assistance is not delivered in the
current system. The sporadic delivery of culturally
appropriate services to Koori women in prison
impacts upon their right to practise their culture.
Service providers have an obligation to protect
and promote this right under the Charter and at
international law.
Grief of separation from children and family
In 2012, 80 per cent of Koori women entering
Victorian prisons were mothers.
546
Unsurprisingly, one of the greatest concerns of
Koori women in prison is the grief and trauma
associated with being away from their children.
Many key informants observed the profound
effects forced separation had on Koori women.
Most Koori women have children in their
care prior to going into prison. Many don't
have the children in prison with them.
This is a real stressor for the women.
547
Most [Koori women in prison] have
children. Whenever we go into prisons,
women want to talk about child
protection matters. Most have had
contact with child protection or child
protection are involved.
548
Forced separation from family also significantly
affects Koori women and their children, as their
caring and kinship obligations are unfulfilled which
exacerbates their feelings of loss and shame.
The impact [of prison] on Koori women
is significant. Even brief periods in
custody were enough to remove any
final connection that they have with
their family and their social supports.
549
Both Koori women and key informants told us
that prison and other forms of institutionalisation
harmed the ability of Koori women to develop and
maintain parenting skills. As a consequence, Koori
women found it difficult to reconnect with their
children after release from prison.
Many of the young women who have
been institutionalised have not learnt
appropriate parenting skills...there
needs to be culturally appropriate
parenting supports.
550
546

Of those entering prison in 2012. Koori Justice Unit,
above n 8.
547

Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
548

Key informant interview, Aboriginal Family Violence
Prevention Legal Service, 13 December 2012.
549

Key informant interview, Dr Harry Blagg, 23 November
2012.
550

Key informant interview, Judge Paul Grant, President,
Children's Court of Victoria, 14 January 2013.
I have never had any experience to be
a mum, DHS never helped me.
551
Women exiting prison need assistance
to reconnect with their children. Whilst
in prison their mothering skills have
been taken away from them or they
have not learnt these skills as they were
in out-of-home care as children. Whilst
in prison the children's needs have
also changed. Women need support to
develop these parenting skills. Family
support programs are crucial.
552
For some women, the inability to reconnect with
children drove them to reoffend and return to prison.
Women usually turn to drugs [and
their] old lifestyle...because of
not being reunified with children.
Addressing this issue post and pre-
release is crucial.
553
...a woman spoke about being out of
jail for three and a half years. She had
stable housing and her children in her
care. Her father died, a number of
other problems occurred and her life
started to go off the rails. She contacted
Child First for support. She wanted
counselling for her daughter due to the
loss in her family. In the end, they weren't
helpful as they removed her children
which made everything worse.
554
Impacts on children and families
Research has shown that 20 per cent of Aboriginal
and Torres Strait Islander children have a parent
or carer in prison.
555
Aboriginal and Torres Strait
Islander prisoners are three times as likely as non-
Aboriginal and Torres Strait Islander prisoners to
have had a parent in prison as a child.
556
Key informants repeatedly stressed that
imprisoning Koori mothers harms Koori children.
551

Focus group participant, 17 January 2013.
552
Focus group participant, 17 January 2013.
553
Case study 4.
554
Key informant interview, 17 January 2013.
555

Michael Levy, Children of Prisoners: an issue for courts
to consider in sentencing
(Presentation to Federal
Criminal Justice Forum, Canberra, 29 September 2008).
556 Ibid.