Family Violence Policies, Legislation and Services: Improving Access and Suitability for Aboriginal and Torres Strait Islander Men

Total Page:16

File Type:pdf, Size:1020Kb

Family Violence Policies, Legislation and Services: Improving Access and Suitability for Aboriginal and Torres Strait Islander Men Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men MARCIA LANGTON | KRISTEN SMITH | TAHLIA EASTMAN LILY O’NEILL | EMILY CHEESMAN | MERIBAH ROSE RESEARCH REPORT ISSUE 26 | DECEMBER 2020 ANROWS acknowledgement This material was produced with funding from the Australian Government and the Australian state and territory governments. Australia’s National Research Organisation for Women’s Safety (ANROWS) gratefully acknowledges the financial and other support it has received from these governments, without which this work would not have been possible. The findings and views reported in this paper are those of the authors and cannot be attributed to the Australian Government, or any Australian state or territory government. Acknowledgement of Country ANROWS acknowledges the Traditional Owners of the land across Australia on which we work and live. We pay our respects to Aboriginal and Torres Strait Islander Elders past, present, and future, and we value Aboriginal and Torres Strait Islander histories, cultures, and knowledge. We are committed to standing and working with Aboriginal and Torres Strait Islander peoples, honouring the truths set out in the Warawarni-gu Guma Statement. The cover art features Resilience (2014), an ANROWS-commissioned art series by Christine Blakeney, a Wiradjuri/Yaegl woman from NSW. Peer review process The quality of ANROWS publications is ensured through a rigorous peer review process that is consistent with the principles of the Committee on Publication Ethics (COPE) Ethical Guidelines for Peer Review. This report has been assessed by at least two peer reviewers with relevant academic expertise. © ANROWS 2020 Published by Australia’s National Research Organisation for Women’s Safety Limited (ANROWS) PO Box Q389, Queen Victoria Building, NSW 1230 | www.anrows.org.au | Phone +61 2 8374 4000 ABN 67 162 349 171 Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men (Research report) / Langton et al. Sydney : ANROWS, 2020. Pages ; 30cm. (Research report, Issue 26/2020) I. Family violence – Australia – Prevention. II. Abusive men – Services for – Australia. III. Indigenous men – Australia. I. Langton, Marcia. II. Smith, Kristen. III. Eastman, Tahlia. IV. O’Neill, Lily. V. Cheesman, Emily. VI. Rose, Meribah. ISBN: 978-1-925925-59-3 (print) | 978-1-925925-60-9 (online) Creative Commons Licence Attribution-Non Commercial CC BY-NC This licence lets others distribute, remix and build upon the work, but only if it is for non-commercial purposes and they credit the original creator/s (and any other nominated parties). They do not have to license their Derivative Works on the same terms. Version 3.0 (CC Australia ported licence): View CC BY-NC Australia Licence Deed | View CC BY-NC 3.0 Australia Legal Code Version 4.0 (international licence): View CC BY-NC 4.0 Licence Deed | View CC BY-NC 4.0 Legal Code Please note that there is the potential for minor revisions of this report. Please check the online version at www.anrows.org.au for any amendment. ii Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men PROFESSOR MARCIA LANGTON Redmond Barry Distinguished Professor, Foundation Chair of Australian Indigenous Studies, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR KRISTEN SMITH Senior Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne TAHLIA EASTMAN Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR LILY O’NEILL Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne EMILY CHEESMAN Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne DR MERIBAH ROSE Research Fellow, Indigenous Studies Unit, Centre for Health Equity, Melbourne School of Population and Global Health, University of Melbourne This report addresses work covered in the ANROWS research project "Improving family violence legal and support services for Aboriginal and Torres Strait Islander men who are perpetrators of family violence". Please consult the ANROWS website for more information on this project. ANROWS research contributes to the six National Outcomes of the National Plan to Reduce Violence against Women and their Children 2010–2022. This research addresses National Plan Outcome 3—Indigenous communities are strengthened. Suggested citation: Langton, M., Smith, K., Eastman, T., O’Neill, L., Cheesman, E., & Rose, M. (2020). Family violence policies, legislation and services: Improving access and suitability for Aboriginal and Torres Strait Islander men (Research report, 26/2020). Sydney: ANROWS. iii The University of Melbourne Parkville, Victoria, 3010 Author acknowledgement Primarily, we would like to thank our participants for taking the time to share their stories in support of this research. We would also like to thank the research assistants, both in community and at the university, who contributed to this work. We would like to thank the community and Elders for generously offering their time and knowledge: without your support, this report would not have been possible. Author acknowledgement of Country The authors acknowledge the Traditional Owners of the country on which we work, the Wurundjeri people of the Kulin nation, and recognise their continuing connection to land, waters and culture. We also acknowledge the Traditional Owners of the country where our research took place, the Latji Latji and Barkindji people of Mildura and the Wiradjuri and Dhudhuroa people of Albury and Wodonga. We pay our respects to their Elders past, present and emerging. Acknowledgement of lived experiences of violence ANROWS acknowledges the lives and experiences of the women and children affected by domestic, family and sexual violence who are represented in this report. We recognise the individual stories of courage, hope and resilience that form the basis of ANROWS research. Caution: Some people may find parts of this content confronting or distressing. Recommended support services include 1800 RESPECT—1800 737 732 and Lifeline—13 11 14. iv RESEARCH REPORT | DECEMBER 2020 Contents List of tables 4 List of figures 5 Acronyms 6 Definitions and concepts 7 Executive summary 10 Overview 10 Research aims and design 10 Inadequate evidence base 11 Recommendations for policy and practice 12 Introduction 13 Research aims 13 Project rationale 13 Key national data on family violence 14 State of knowledge review 17 Focus of the state of knowledge review 17 Understanding family violence in Aboriginal and Torres Strait Islander communities 18 Aboriginal and Torres Strait Islander men and family violence 19 Family violence protection orders and criminal justice responses 21 Legal systems abuse 24 New South Wales and Victorian government responses to family violence 25 Research methods 27 Multi-sited ethnographic research 27 Critical, socio-legal audit of family violence legal framework 28 Family violence policies, legislation and services: 1 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 Fieldwork sites 28 Research participants 29 Data analysis 30 Data management 31 Key findings 32 Audit of relevant legislation 32 Scope of perpetrator programs 38 Men’s behaviour change programs 41 Men’s healing programs 45 Koori Court 47 Substance abuse, neurological disability and mental illness 53 Perpetrator accountability 61 Discussion 70 Beyond tokenism—Women and children’s safety first 70 Addressing substance abuse, neurological disability and mental illness as underlying factors contributing to family violence perpetration 70 Perpetrator accountability 70 Conclusion 72 Recommendations for policy and practice 73 References 75 Legislation 86 APPENDIX A: Family violence-related services in Mildura, Albury and Wodonga 87 APPENDIX B: Men’s behaviour change programs in Victoria 94 Family violence policies, legislation and services: 2 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 APPENDIX C: Men’s behaviour change programs in New South Wales 96 APPENDIX D: Table of national family violence protection orders legislation 97 APPENDIX E: Table of child protection legislative and policy provisions in Victoria and New South Wales 107 Family violence policies, legislation and services: 3 Improving access and suitability for Aboriginal and Torres Strait Islander men RESEARCH REPORT | DECEMBER 2020 List of tables Table 1: Family violence order scheme name by state and territory 22 Table 2: Population of fieldwork sites 28 Table 3: Interviews 29 Table 4: Focus groups 29 Table 5: Victorian funding for men’s behaviour change programs 42 Table 6: New South Wales funding for men’s behaviour change programs 42 Table 7: Men’s behaviour change programs and related programs in Mildura and Albury–Wodonga 43 Table 8: Graduate certificate in client assessment and case management (MBCP facilitator training) 45 Family violence policies, legislation and services: 4 Improving access and suitability for Aboriginal and Torres
Recommended publications
  • Your Candidates Metropolitan
    YOUR CANDIDATES METROPOLITAN First Peoples’ Assembly of Victoria Election 2019 “TREATY TO ME IS A RECOGNITION THAT WE ARE THE FIRST INHABITANTS OF THIS COUNTRY AND THAT OUR VOICE BE HEARD AND RESPECTED” Uncle Archie Roach VOTING IS OPEN FROM 16 SEPTEMBER – 20 OCTOBER 2019 Treaties are our self-determining right. They can give us justice for the past and hope for the future. The First Peoples’ Assembly of Victoria will be our voice as we work towards Treaties. The First Peoples’ Assembly of Victoria will be set up this year, with its first meeting set to be held in December. The Assembly will be a powerful, independent and culturally strong organisation made up of 32 Victorian Traditional Owners. If you’re a Victorian Traditional Owner or an Aboriginal or Torres Strait Islander person living in Victoria, you’re eligible to vote for your Assembly representatives through a historic election process. Your voice matters, your vote is crucial. HAVE YOU ENROLLED TO VOTE? To be able to vote, you’ll need to make sure you’re enrolled. This will only take you a few minutes. You can do this at the same time as voting, or before you vote. The Assembly election is completely Aboriginal owned and independent from any Government election (this includes the Victorian Electoral Commission and the Australian Electoral Commission). This means, even if you vote every year in other elections, you’ll still need to sign up to vote for your Assembly representatives. Don’t worry, your details will never be shared with Government, or any electoral commissions and you won’t get fined if you decide not to vote.
    [Show full text]
  • Children's Court of Victoria Annual Report 2017/18 Children's Court of Victoria
    Children's Court of Victoria Annual Report 2017/18 Children's Court of Victoria About the Court Strategic Priorities The Children’s Court of 2016/2020 Victoria is a specialist court with two divisions dealing Our Value Statement with cases involving children The Children’s Court of Victoria is a fair, accessible, and young people. specialist court. Judicial officers bring legal expertise and experience to the consideration of matters The Family Division hears: applications involving children, young people and their families. relating to the protection and care of children Court processes are effective, equitable and clear. and young persons at risk, and applications Our workforce is highly professional and committed. for intervention orders. The Criminal Division hears: matters relating to Our Culture criminal offending by children and young persons. The culture of the Court is characterised by judicial officers who encourage parties to resolve matters in a way that is collaborative and respectful and where possible, utilising less adversarial processes. Acknowledgment The Court’s judiciary exercise proper control of the The Children’s Court of Victoria acknowledges legal and court process. Resources are allocated the Aboriginal and Torres Strait Islander people to cases commensurate to their complexity. as the Traditional Custodians of the land. The relationship between the judiciary and court staff We also acknowledge and pay respect to their is one of mutual regard and respect. Judicial officers Elders, past, present and emerging. and senior managers are partners in building the Court’s reputation as a high performing, innovative and respected jurisdiction in the State’s court hierarchy. We aim to work collaboratively and cooperatively with all those who interact with the Court.
    [Show full text]
  • A Guide to Traditional Owner Groups For
    A Guide to Traditional Owner Groups Th is m ap w as e nd orse d by th e Murray Low e r Darling Rive rs Ind ige nous Nations (MLDRIN) for Water Resource Plan Areas - re pre se ntative organisation on 20 August 2018 Groundwater and th e North e rn Basin Aboriginal Nations (NBAN) re pre se ntative organisation on 23 Octobe r 2018 Bidjara Barunggam Gunggari/Kungarri Budjiti Bidjara Guwamu (Kooma) Guwamu (Kooma) Bigambul Jarowair Gunggari/Kungarri Euahlayi Kambuwal Kunja Gomeroi/Kamilaroi Mandandanji Mandandanji Murrawarri Giabel Bigambul Mardigan Githabul Wakka Wakka Murrawarri Githabul Guwamu (Kooma) M Gomeroi/Kamilaroi a r a Kambuwal !(Charleville n o Ro!(ma Mandandanji a GW21 R i «¬ v Barkandji Mutthi Mutthi GW22 e ne R r i i «¬ am ver Barapa Barapa Nari Nari d on Bigambul Ngarabal C BRISBANE Budjiti Ngemba k r e Toowoomba )" e !( Euahlayi Ngiyampaa e v r er i ie Riv C oon Githabul Nyeri Nyeri R M e o r Gomeroi/Kamilaroi Tati Tati n o e i St George r !( v b GW19 i Guwamu (Kooma) Wadi Wadi a e P R «¬ Kambuwal Wailwan N o Wemba Wemba g Kunja e r r e !( Kwiambul Weki Weki r iv Goondiwindi a R Barkandji Kunja e GW18 Maljangapa Wiradjuri W n r on ¬ Bigambul e « Kwiambul l Maraura Yita Yita v a r i B ve Budjiti Maljangapa R i Murrawarri Yorta Yorta a R Euahlayi o n M Murrawarri g a a l rr GW15 c Bigambul Gomeroi/Kamilaroi Ngarabal u a int C N «¬!( yre Githabul R Guwamu (Kooma) Ngemba iv er Kambuwal Kambuwal Wailwan N MoreeG am w Gomeroi/Kamilaroi Wiradjuri o yd Barwon River i R ir R Kwiambul !(Bourke iv iv Barkandji e er GW13 C r GW14 Budjiti
    [Show full text]
  • North East CMA Final Annual Report 2019 20
    Annual Report 2019— 2020 North East Catchment Management Authority Annual Report 2019—2020 NORTH EAST CATCHMENT MANAGEMENT AUTHORITY ANNUAL REPORT 2019 — 20 Traditional Owner Acknowledgment North East Catchment Management Authority (North East CMA) acknowledges the Traditional Owners. We recognise the diversity of the cultures and the intrinsic connections they have with their Country. The North East CMA pays respects to Elders past, present and emerging and recognise the primacy of their obligations, responsibilities and rights to care for their Country. Warning: Aboriginal and Torres Strait Islander people are advised that this publication may contain images or names of deceased people. About this report This report provides information on the North East CMA‘s operational highlights, performance and finances for 2019‑20. It also reports against agreed state‑wide indicators and trends for catchment health: Waterways, Biodiversity, Land and Community. This report was prepared in accordance with all relevant Victorian legislation, including the requirement under the Catchment and Land Protection Act 1994 for the North East CMA to submit ‘a report on the condition and management of land and water resources in its region and the carrying out of its functions’. Design and print complies with Department of Treasury and Finance Reporting Direction 30D, which aims to achieve consistency and minimise costs and environmental impact across government agencies. Front Cover Photo Credits: Top: King River (Credit Natalie Ord). Middle Left: Fishing at Lake Buffalo (Credit Natalie Ord). Middle Right: HVP and CMA staff inspect fire impact in the Upper Murray.Bottom: Karen Bowley and Dirk de Zwart, Bush for Birds incentive recipients through funding from the Australian Government’s National Landcare Program.
    [Show full text]
  • Equal Justice for a Strong, Healthy and Resilient Latrobe Valley
    February 2019 Equal justice for a strong, healthy and resilient Latrobe Valley Acknowledgement of country The Gippsland Legal Assistance Forum proudly acknowledges the Traditional Owners and custodians of the land on which we are fortunate to live and work, the Gunaikurnai people, and we acknowledge the Boon Wurrung people of the Kulin nation. We pay our respects to Elders past and present, and emerging leaders. We acknowledge that sovereignty was never ceded and recognise the ongoing resistance, strength, and resilience of Aboriginal and Torres Strait Islander peoples in Victoria and Australia. © 2019 Gippsland Legal Assistance Forum. Reproduction without express written permission is prohibited. Written requests should be directed to Victoria Legal Aid, Corporate Aff airs, Level 9, 570 Bourke Street, Melbourne Vic 3000. Contents About us 4 Executive summary 8 Summary of recommendations 10 Introduction 11 Access to justice and legal need in the Latrobe Valley 13 Legal services in the Latrobe Valley 14 Legal need in the Latrobe Valley 15 Regional priorities 21 Looking forward 21 Investing in community services to strengthen family and community wellbeing 23 Increasing demand 23 Limited access to services 24 Looking forward 26 Responding to family violence 27 Current response 28 Looking forward 28 Supporting access to safe, aff ordable, quality housing 30 Limited access to social and quality housing 30 Protecting tenants’ rights 31 Looking forward 32 Improving timely access to the courts 34 Insuffi cient resourcing and poor infrastructure 34 Impact of delays and current listing practices on clients 35 Looking forward 37 Contact details 39 Use of client stories We use client stories throughout this report to demonstrate the key issues the community is facing.
    [Show full text]
  • Children's Court of Victoria 87.74 Kb
    CORRECTED VERSION LAW REFORM COMMITTEE Inquiry into alternative dispute resolution Melbourne — 10 December 2007 Members Mr C. Brooks Mrs J. Kronberg Mr R. Clark Mr E. O’Donohue Mr L. Donnellan Mr J. Scheffer Mr M. Foley Chair: Mr J. Scheffer Deputy Chair: Mr R. Clark Staff Executive Officer: Ms K. Riseley Research Officers: Ms K. Buchanan and Ms S. Brent Committee Administration Officer: Ms H. Ross-Soden Witness Judge P. Grant, president, Children’s Court of Victoria. 10 December 2007 Law Reform Committee 1 The CHAIR — Welcome, Judge Grant, to our hearing. What we are saying will be recorded, as you know. I do not think it needs any explaining to you that this committee operates under parliamentary privilege, so whatever you say is protected. Judge GRANT — Okay. Thank you. The CHAIR — You may want to reconsider when you go outside the building. We have about an hour, so we will throw it open to you to comment or submit according to our terms of reference, and then we will have a discussion. Thank you. Judge GRANT — Thank you. I have some materials for distribution. I will pass them across to you. This is some material on group conferencing; that is some statistical material that I will refer to. This is a speech I delivered to Youthlaw on the Koori Court. I have made that available, because there are some comments in the discussion paper on the Koori Court. This next document is headed ‘Guidelines for Dispute Resolution Conferences’, which are conferences conducted in the family division of the Children’s Court.
    [Show full text]
  • Annual Report 15-16.Pdf (11.65
    Magistrates’ Court of Victoria 2015 2016 30 September 2016 The Honourable Linda Dessau AM, Governor of Victoria Government House Melbourne Vic 3004 Dear Governor, On behalf of the Council of Magistrates, I present the Magistrates’ Court Annual Report for the year 1 July 2015 to 30 June 2016 pursuant to section 15(3) of the Magistrates’ Court Act 1989. Yours sincerely PETER LAURITSEN Chief Magistrate The Magistrates’ Court of Victoria (the Court) is an innovative, accessible and responsive court that provides quality service to the Victorian community. The Court sits at 51 metropolitan and regional locations and is comprised of 103 magistrates, 16 reserve magistrates, 10 judicial registrars, 614 staff and 85 elders and respected persons. CONTENTS 2 ORGANISATIONAL STRUCTURE 47 SPECIALIST COURTS AND SERVICES 3 THE YEAR AT A GLANCE 48 COURT SUPPORT AND DIVERSION 4 MESSAGE FROM THE CHIEF SERVICES MAGISTRATE 53 ASSESSMENT AND REFERRAL COURT LIST 6 MESSAGE FROM THE CHIEF EXECUTIVE OFFICER 55 COURT INTERGRATED SERVICES PROGRAM AND KOORI LIAISON 9 ABOUT THE MAGISTRATES’ OFFICER PROGRAM COURT 56 COURT ADVICE AND SUPPORT OFFICER 10 THE JUDICIARY 57 CREDIT/BAIL SUPPORT PROGRAM 11 COMMITTEES 58 CRIMINAL JUSTICE DIVERSION 22 THE COURT’S SERVICES PROGRAM AND ENFORCEMENT REVIEW PROGRAM 25 COURT OPERATIONS 61 DRUG COURT 26 CIVIL JURISDICTION SUMMARY 63 FAMILY VIOLENCE AND PERSONAL 27 COORDINATION SUMMARY SAFETY INTERVENTION ORDERS 28 JUDICIAL REGISTRARS 68 KOORI COURT 29 THE LAW LIBRARY OF VICTORIA 70 NEIGHBOURHOOD JUSTICE CENTRE 29 LEGISLATIVE REFORM
    [Show full text]
  • Chapter 25-26: Recommendation References
    25 Recommendations The residents of the Murray-Darling Basin live in an environment very different to that prior to the arrival of Europeans. In some cases the change is most apparent in the form of cleared land and degraded environments, all too obvious even to those without scientific training. Other changes are not obvious and it is only by comparison with hard evidence from the past that we recognise that change has transpired. The information collected and presented in this publication provides a picture, undeniably incomplete, of the former distribution and abundance of the larger native fish species in the southern Murray-Darling Basin. A comparison of the current status of native fish in the basin with the historical information confirms the assessment of the Native Fish Strategy that a dramatic decline has occurred and that the native fish populations of today are by comparison a small fraction of what existed at the time of European settlement. They have undergone not only a severe decline in abundance but also in their distribution and the range of habitats they once flourished in. A large number of knowledge gaps remain in individual catchments and more historical research needs to be undertaken to establish, with what information survives, the original distribution and habitat associations of native fish. This project concentrated on the southern half of the Murray-Darling Basin and an equivalent project is warranted in the north. From the oral history collected in this project it is apparent that native fish had declined in many areas by the 1930s and therefore only the oldest of residents have recollections of the fishery prior to substantial change.
    [Show full text]
  • Appendix A: Indigenous Sentencing Courts in Australia 1
    Appendix A: Indigenous Sentencing Courts in Australia State Location/Type Link Western Kalgoorlie-Boulder Community The Kalgoorlie Community Court is a sentencing court designed to be more culturally Australia Court inclusive of Aboriginal people. It is set up in a less formal structure than other courts with the Magistrate sitting at a special table with the other participants including Aboriginal elders, the offender and their family. http://www.magistratescourt.wa.gov.au/K/kalgoorlie_boulder_community_court.aspx?uid =3291-2300-6331-4792 Geraldton Family Violence The Barndimalgu Court hears family and domestic violence matters involving aboriginal Court - Barndimalgu people. This service provides offenders with the opportunity to complete programs to address their violent behaviour before the final sentence is delivered. The project is supported by the Geraldton Aboriginal Justice Agreement which provides a link between the Geraldton Aboriginal Community, the Department of the Attorney General and the Department of Corrective Services http://www.magistratescourt.wa.gov.au/G/geraldton_family_violence_court_barndimalgu. aspx?uid=4497-7800-5232-5352 Victoria Koori court The Koori Court has been created under the Magistrates Court Act 1989. It operates as a division of the Magistrates' Court, which sentences Indigenous defendants. Koori Elders or Respected Persons, the Koori Court Officer, Koori defendants and their families can contribute during the Court hearing. This helps to reduce perceptions of cultural alienation and to ensure sentencing orders are appropriate to the cultural needs of Koori offenders, and assist them to address issues relating to their offending behaviour. The Koori Court is currently located at Bairnsdale, Broadmeadows, Latrobe Valley, Mildura, Shepparton, Swan Hill and Warrnambool Magistrates' Courts.
    [Show full text]
  • County Koori Court
    VICTORIA OF COURT COUNTY COUNTY KOORI COURT This fact sheet is about the County Koori Court – the first Australian sentencing court for Aboriginal offenders in a higher jurisdiction. The County Court of Victoria is the major trial court in Victoria. It is a higher court that sits in the middle of the court hierarchy, above the Magistrates’ Court and below the Supreme Court and the Victorian Court of Appeal (see Fact Sheet 1). WHAT IS THE COUNTY KOORI COURT? WHOSE MATTERS CAN BE HEARD IN THE The County Koori Court is a specialist court that aims to COUNTY KOORI COURT? achieve more participation of the Victorian Aboriginal The County Koori Court is not open to any accused person (Koori) community in the sentencing process in the who is charged with a criminal offence who appears in County Court. It seeks to achieve this through the the County Court. There are certain eligibility criteria. inclusion of Aboriginal Elders or Respected Persons To be eligible for entry into the Koori Court, an accused from the Aboriginal community and Koori Court Officers person must: in the sentencing process in the County Court. ° be Aboriginal and/or Torres Strait Islander; The County Koori Court respects Koori culture and the ° be charged with an offence that can be heard in the processes of the court are less formal than regular County Court; process in the County Court. Legal jargon is avoided and ° be charged with an offence that does not involve family plain English used so that accused people understand violence, a sexual offence or breach of an Intervention the proceedings better and the environment is more Order or Interim Intervention Order; culturally appropriate and sensitive.
    [Show full text]
  • Koori Courts of Victoria
    Koori Courts of Victoria AIJA Indigenous Court Conference - August 2009 Rollout of Indigenous Courts to Intermediate and Superior Jurisdictions • Judge David Parsons (County Court of Victoria) • Magistrate Anne Collins (Magistrates’ Court of Victoria) • Terri Stewart (Koori Court Officer) • Aunty Pam Pederson (Children’s Koori Court Elder) • Uncle Lloyd Hood (County Koori Court Elder) • Aunty Margaret Oats (County Koori Court Elder) • Rosie Smith (Project Manager County Koori Court) • Carly Schrever (Judicial College of Victoria) Aboriginal Justice Agreement • The Koori Court is an aim of the Victorian Aboriginal Justice Agreement (AJA). • The AJA is a joint initiative between: • Department of Justice • Department of Human Services • Victorian Aboriginal Justice Advisory Committee • Koori Community to achieve improved Indigenous justice outcomes. Rosemary Smith, Project Officer, County Koori Court Koori Court Legislation • Magistrates’ Court Koori Court Act 2002 • Children, Youth and Families Act 2005 • County Court Amendment (Koori Court) Act 2008 Rosemary Smith, Project Officer, County Koori Court Three Koori Courts 1. Magistrates’ Koori Court • Shepparton (October 2002 ) • Broadmeadows (March 2003) • Warrnambool (January 2004) • Mildura (July 2005) • Latrobe Valley (May 2006) • Bairnsdale (March 2007) • Swan Hill (July 2007) 2. Children’s Koori Court • Melbourne (July 2006) • Mildura (July 2008) 3. County Koori Court • Latrobe Valley (February 2009) Rosemary Smith, Project Officer, County Koori Court Lessons Learnt from the Magistrates’
    [Show full text]
  • Dhudhuroa and Yaithmathang Languages and Social Groups in North-East Victoria – a Reconstruction
    Dhudhuroa and Yaithmathang languages and social groups in north-east Victoria – a reconstruction Ian D Clark The determination of Aboriginal languages in north-east Victoria has been acknowledged by a number of authors as one of the most problematical areas in the reconstruction of Victorian Aboriginal languages and dialects at the time of first contact.1 Of particular interest is the Omeo district and resolution of the labels ‘Jaithmathang’ and ‘Gundungerre’. This article will provide a systematic analysis of primary sources relative to language, dialect and social group names. It also provides an overview of lexicostatistical analyses of vocabulary from the study area and undertakes a preliminary analysis of vocabulary from the Omeo district to determine its similarity with neighbouring languages. Finally it analyses previous research into constituent social groups. Dhudhuroa – the language The etymology of the language name ‘Dhudhuroa’ has been explained by Blake and Reid as follows: Dhudhuroa appears to consist of the first syllable of the word for ‘no’ reduplicated. The word for ‘no’ is dhubalga. It is common in southeastern Australia to base language names on the word for ‘no’. The remainder of the name is likely to be wurru, which means ‘mouth’ or ‘language’ in a number of Victorian languages.2 Variant spellings The earliest recording of the name ‘Do.dor.dee’ is found in the papers of GA Robinson, and dated 1840. Other variants include ‘Dodora’; ‘Dodoro’; ‘Toutourrite’; ‘Theddora-mittung’; ‘Dhuthuro’wa’; ‘Dhoo-dhoo-ro’wa’; ‘Dhudhuroa’; and ‘Duduroa’. Theddora-mittung is sourced from Howitt,3 and Blake and Reid are of the view that Theddora is sufficiently similar to Dhudhuroa 1 Tindale 1940, 1974; Barwick 1984; Clark 1993, 1996a,b; and Wesson 1994, 2000, 2002.
    [Show full text]