community. Often grandmothers and
other relatives have to pick up the
care of the children whilst the mother
is incarcerated. This places a heavy
burden on Koori families who may
already be struggling with health,
financial and other pressures.
on other family members, who are
often picking up the care of the
child. Grandparents are caring for
grandchildren and are often struggling
to make ends meet.
creating a pathway for the child to be exposed to
the justice system later in life. The poorer health,
education and life outcomes for children leaving
care are well understood.
the children some are imprisoned
with their mother or they are caught
up with child protection. They become
institutionalised. This creates a vicious
cycle and trajectory. The children are
caught up in child protection system,
before long the children start offending
themselves and then become involved
with juvenile justice and then onto the
adult justice system.
separation, Koori children can be further traumatised
by being labelled as the child of a prisoner. This
label can follow them throughout their lives.
discrimination at different points in
their life school, services, interaction
with police.
of anger, which may lead to them into
a cycle of offending.
Key informant interview, Dr Harry Blagg, 23 November
2012.
Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
See for example, Joseph McDowell, CREATE Report
Card: Transitioning from care in Australia (2009).
Key informant interview, Aboriginal Family Violence
Prevention Legal Service, 13 December 2012.
Key informant interview, Flat Out, 5 March 2013.
Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
to specific services, it does protect the right
to protection of families and children without
discrimination. When a lack of access to support
services compromises a Koori mother's ability to
provide effective ongoing care for her child, the
protection of the child's best interests is at risk.
to think about the best interests of the child and
protection of families when making decisions
about services. For example, when the Department
of Justice is considering the number, type and
scope of diversionary programs and services, the
Charter obliges them to think about the specific
needs of Koori women (and their children) in
determining what is reasonable.
weakens the community, creating the conditions
for further crime. Research indicates that a `tipping
point' may occur in communities once crime and
incarceration reaches a certain point.
the community leads to a loss of
leadership, culture and identity.
on Legal and Constitutional Affairs References
Committee:
profoundly with the breakdown of links
with family members and communities.
Indigenous communities are also
affected as every individual has a role
to play including financial and social.
If an individual or group of individuals
is removed, the community is heavily
burdened, weakening the community
and exacerbating economic distress
creating prime conditions for further
offending behaviour.
Dina Rose and Todd Clear, `Incarceration, Social Capital
and Crime: Implications for Social Disorganization
Theory' (1998) 36(3) Criminology 441, 457; Mick Gooda,
Emilie Priday and Louise McDermott, `Looking beyond
offenders to the needs of victims and communities'
(2013) 8(5) Indigenous Law Bulletin 13, 14.
Key informant interview, Aboriginal Family Violence
Prevention Legal Service, 13 December 2012.
Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 22.