ACHRA Conference 2013

• Unfinished Business: Koori women and the justice system in Victoria

This workshop will:

• Present main findings• Discuss activity on these issues across state, territory

and federal jurisdictions• Explore how human rights and equality lens can drive a

business case for reform.

Why do this research?

• Increasing incarceration of Aboriginal and Torres Strait Islander women

• ‘Unfinished business’ of AJA 2• VEOHRC commitment under AJA 3

Methodology

• 4 focus groups in prison• 5 case study interviews• 15 key informant interviews• Prisoner data

We considered

• Currently available diversionary options and models• Gaps in existing mainstream and specialist supports • Key elements and principles that are required for a

culturally appropriate diversionary model.

Main findings

• More Koori women than ever before going to prison• Though numbers are relatively low, Koori women now

the fastest growing segment of prison population• Once imprisoned – likely to be imprisoned again

Main findings

• 1 in 3 Koori women on remand ( point in time)• Over 1 year, 75 per cent of Koori women entering prison

were there on remand• Refused bail because nowhere to bail to (housing)• Section 3a – underutilised by Magistrates

Main findings

• Profile is young, often mothers ( 80%)• History of family violence, trauma, previous OOHC• Mental health and substance misuse• History of homelessness

Main findings

• Over-represented across all parts of justice system• Contact with police starts as victims• Pattern of shop theft, multiple fines

Main findings

• Lack of gender and culturally appropriate diversion- in all stages of diversion

• Underutilise mainstream court programs – CISP• Formal diversion rarely available- less than 1%• Police are gatekeepers

Main findings

• Gender inequity in residential diversion• Some residential options available for men - none for

women ( Koori or non-Koori). • Wulgunggo Ngalu Learning Place – high success rate

Main findings

• Mainstream programs in prison tend not to be used • Few examples of culturally appropriate- infrequently run,

waiting lists etc• Access barriers such as remand and previous sentence

have disproportionate effect

Main findings

• Post release services, fragmented, hard to navigate and underesourced

• Can have either gender or culturally appropriate support• Homelessness

Consequences

• Human rights consequences • Impacts on families and communities• Fiscal impacts – the $1.1 million prisoner

Recommendations

• Offending and imprisonment patterns for Koori women differ from those of Koori men. They also differ from those of other women.

• 29 recommendations reflect that • Hub and spoke model - work on spokes while build the

hub

Next steps

• Commitment by Premier• Steering Committee and Working Party• Monitoring by AJF

Discussion points

• What is the same or different in your jurisdiction?• How do we get buy in from government?• Does it make a difference if you have a strong AJA?• How do we add value as human rights bodies?