out of prison leaves children searching
for love. They are exposed to so much
at a young age. There is also a real
disconnect to culture.
[has] profound impacts on children.
They lose their protector, they lose
their connections and attachments and
they can become displaced from their
home. This leads many of them to feel
resentful, angry and they learn to hate.
child. This may be as the family is wary
about seeking counselling as they may
be concerned that they may put other
children at risk of being removed from
the family.
behavioural impacts [on children], the
imprisonment can often impact on their
sense of cultural identity.
knowing that we will see the same people every
day is a simple part of everyday life for most of
us. However, for children of women in prison, there
is no such stability.
and Constitutional Affairs References Committee
commonly experience a similar pattern
of traumatic events, often witnessing
their parent's crime and arrest, losing
a parent, the disruption of their family
environment, and the difficulties
associated with visiting their parent
within the prison system.
of abusing drugs and alcohol, dropping
out of school and exhibiting aggressive
and/or antisocial behaviours.
development and sense of cultural identity. It
significantly undermines that child's right to family
and to enjoy their culture. Both these rights are
Key informant interview, Koori Programs and Initiatives
Unit, Specialist Courts and Courts Support Services,
Department of Justice, 15 February 2013.
Key informant Interview, North West Regional Aboriginal
Justice Advisory Committee and Victoria Aboriginal
Community Services Association, 16 January 2013.
Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 22.
section 17 of the Charter. The first protects the
family unit (the Koori mother and her children's
rights) and the second protects the best interests of
the child, including the right of children to be with
their parent unless it is not in their best interests.
of imprisonment of Aboriginal and Torres Strait
Islander women on their children has been noted
by the United Nations Committee on the Rights of
the Child in its Concluding Remarks on Australia's
progress in implementing the Convention on the
Rights of the Child.
special protections when in child protection.
adequate standard of living and development.
significant impact on community connection
and kinship obligations. Koori women shoulder
the responsibility of child rearing and family
obligations within the Koori community. As a result,
the imprisonment of Koori women has a greater
effect on family, community and society compared
to the imprisonment of Koori men.
be looked after informally by relatives or formally
placed in out-of-home care. Under the Children,
Youth and Families Act 2005 (Vic), Aboriginal
children will be placed as a priority with their
extended family or relatives.
contact with family, culture and community which
is positive.
communities.
(Vic) ss 17,19.
Section 13 of the Charter (the right to privacy and
reputation) also provides protection from unlawful or
arbitrary interference with family life.
Committee on the Rights of Child, Consideration of
reports submitted by States parties under article 44 of
the Convention- Concluding observations: Australia, UN
Doc CRC/C/Aus/Co/4 (2012) 17. <http://www2.ohchr.
org/english/bodies/crc/docs/co/CRC_C_AUS_CO_4.
pdf> at 14 February 2013.
signature 20 November 1989, 3 UNTS 1577, arts 9, 12,
18, 20. (entered into force 2 September 1990).
signature 20 November 1989, 3 UNTS 1577, arts 16,
24, 27, 29 (entered into force 2 September 1990).