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?