Koori Courts of

AIJA Indigenous Court Conference - August 2009

Rollout of Indigenous Courts to Intermediate and Superior Jurisdictions

• Judge David Parsons ( of Victoria) • Magistrate Anne Collins (Magistrates’ Court of Victoria) • Terri Stewart ( 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 • (October 2002 ) • Broadmeadows (March 2003) • (January 2004) • (July 2005) • Latrobe Valley (May 2006) • (March 2007) • Swan Hill (July 2007) 2. Children’s Koori Court • (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’ Koori Court • Resourcing and reliance on community organisations • Repercussions of Elder payments • Elder Professional Development • Elder debriefing and the impact of confidentiality of proceedings • Security

Magistrate Ann Collins & Terri Stewart (Koori Court Officer) Partnerships

• Yoowinna Wurnalong Healing Service – Service for indigenous victims and witnesses – Culturally appropriate counselling • Wulgunggo Ngalu Learning Space – Residential facility for Indigenous men on CBOs – County Court funded two projects – green house and carpentry centre

Rosemary Smith, Project Manager, County Koori Court County Koori Court

• Koori Court established as a division of the County Court by County Court Amendment (Koori Court) Act 2008 • Draws on success of Magistrates’ and Children’s Koori Courts • First Indigenous Court in a higher jurisdiction in • Piloted at Latrobe Valley – 4 years from November 2008

Judge David Parsons, Three step process

1. Formal Arraignment • Judge and associate robed • Judge on bench • Offender in dock 2. Sentencing Conversation – Koori Court • Judge not robed • All participants, including judge and offender, sit around table • Elder or Respected Person sit on either side of the judge 3. Sentence • Usual County Court procedure followed

Judge David Parsons, County Court of Victoria Jurisdiction of County Koori Court

• Offender Aboriginal or Torres Strait Islander • Plea of guilty • Offence within the jurisdiction of the County Court, except: – Sexual offences – Family Violence offences • Offender consents to Koori Court • Judge considers Koori Court appropriate

Judge David Parsons, County Court of Victoria Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Auntie Pam Pederson, Children’s Court Elder Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Images of County Koori Court Elder Training Uncle Lloyd Hood, Auntie Margaret Oats, Ms Nicole LeSage. Aboriginal Cultural Awareness Training for Judicial Officers

Regular, free, training provided to all Victorian Judicial Officers, through combined efforts of: – Judicial Officers Aboriginal Cultural Awareness Committee – Victoria’s Courts and VCAT – Judicial College of Victoria

Carly Schrever, Judicial College of Victoria Judicial Orientation

• Full-day Koori Cultural Awareness Training provided to all New Appointees as part of 3 Day Orientation program • Delivered by Indigenous Trainers Wanda Braybrook and Kelly Faldon • Held at the Koori Heritage Trust

Carly Schrever, Judicial College of Victoria

Twilight Seminars

• Panel discussions – indigenous panellists • In the last 18 months: – Indigenous People in the Law – Experience of Indigenous Prisoners – Koori Courts – Experience of Native Title Claimants – Lateral Violence in Indigenous Communities Carly Schrever, Judicial College of Victoria On-line Courses

• Bringing together judicial officers sitting on Indigenous courts in: – Victoria – New Zealand – Canada • Reflection on practices an discussion of theory • Moderated by local expert in each location Carly Schrever, Judicial College of Victoria Weekend Conferences

• Two day residential conference held in country Victoria – 1997, 2000, 2004 and 2009 • Indigenous facilitators, presenters, performers and community members • Welcome to county, presentations, small group sessions and ample time for ‘yarning’ Carly Schrever, Judicial College of Victoria