2016-03-22
MS PENNICUIK — to ask the Minister for Training and Skills (for the Attorney-General): In relation to the recent report by the Australian Bureau of statistics that highlights that Aboriginal people are locked up at 11 times the rate of the non-Aboriginal population —
(1) what justice reinvestment initiatives is the Government putting in place to address the rise of indigenous people in prison;
(2) what metropolitan and regional diversionary programs is the Government putting in place which are culturally appropriate for Aboriginal people;
(3) does the Attorney-General recognise the value of 24 hour custody notification services and if so, does the Attorney-General agree they should be adequately funded;
(4) does the Attorney-General recognise the value of Aboriginal field officers to establish equity and access points to courts and if so, does the Attorney-General agree they should be adequately funded;
(5) will the Government consider introducing “Gladue reports” to ensure that any sentence imposed on an Aboriginal offender takes into consideration his or her particular circumstances as well as all available sanctions other than imprisonment that are reasonable in the circumstances;
(a) will the Government provide additional resources to Koori Courts and further roll them out; and
(6) Will the Government provide additional resources to the Victorian Aboriginal Legal Service to ensure that they are able to fully service all Koori Courts.
ANSWER on 7 June 2016:
ANSWER:
I am informed that:
The Victorian Aboriginal Justice Agreement (AJA) is a partnership between the Victorian Government and the Koori Community. This partnership includes the Aboriginal Justice Forum (AJF), the Regional Aboriginal Justice Advisory Committee network, and the Local Aboriginal Justice Action Committee network. The AJA commenced operation in 2000, and is now in its third phase (AJA3). Victoria was the first jurisdiction to introduce a Closing The Gap justice target in 2013, committing to close the gap in the rate of Aboriginal and non-Aboriginal people (youth and adult) under justice supervision by 2031.
A priority initiative of the Aboriginal Justice Forum is the Koori Women's Diversion Project (KWDP). The KWDP aims to reduce Koori women's contact with the criminal justice system, by developing community-based alternatives and diversionary options for Koori women. The Mildura Koori Women's Diversion Pilot Project commenced in October 2015.
For Koori men on community based orders, who would otherwise be at risk of imprisonment, there is a culturally appropriate residential facility, Wulgunggo Ngalu Learning Place based in Gippsland.
In regard to custody notification services, Victoria Police is required to notify the Victorian Aboriginal Legal Service (VALS) within one hour when a person of Aboriginal or Torres Strait Islander descent is taken into custody. Funding of $1 246 909 over three years (July 2014 to June 2017) has been provided to support Aboriginal Community Justice Panels (ACJP) to provide after hours community support to Aboriginal people taken into custody.
There are several roles in Victoria which ensure equity and access points to courts for Aboriginal and Torres Strait Islander people, including Client Service Officers, Local Justice Workers, Koori Offender Support and Mentoring Program Workers, Koori Court Officers, Koori Community Engagement Officers, and Koori Liaison Officers.
Victoria currently has several safeguards to ensure fairness in indigenous sentencing. Koori Courts involve community elders in the sentencing process. The Bail Act 1977 directs decision makers to have regard to any issues that arise in relation to a person's Aboriginality, including their cultural background and ties to extended family or place, pre sentencing reports. This is in addition to specific requirements under the Sentencing Act 1991, which direct judicial officers to consider a CCO with restrictive conditions before they conclude that a sentence of imprisonment is the only appropriate sentence.
There are currently 11 adult Koori Magistrates' Courts in Victoria and 12 Children's Koori Courts in Victoria.
On 31 March 2016 I launched the Geelong Koori Court, which will serve the Barwon South-West region. Options to expand the current Koori Court program to additional venues across the State will continue to be explored.
Options to expand the current Koori Court program to additional venues across the State will continue to be explored.
In 2015, I approved an increase in funding to VALS of $75 000 per annum, in addition to existing funding of $225 000 per annum (totalling $900 000 over three years-2015-16 to 2017-18) to support the Koori Court Initiative.
In 2015-16, the Victorian Government provided additional one-off funding to VALS through the Community Legal Centre Assistance Fund and Family Violence Duty Lawyer Fund.