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The County Koori Court an Information Paper for Legal Practitioners

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The County Koori Court an Information Paper for Legal Practitioners The County Koori Court An Information Paper for Legal Practitioners Background to Koori Courts The 1991 report of the Royal Commission into Aboriginal Deaths in Custody highlighted the link between the high level of disadvantage suffered by Australia’s Aboriginal people and their over-representation in Australia’s criminal justice systems. The Royal Commission made it clear that any effective response to over- representation would need to address the underlying drivers of disadvantage and at the same time, reform specific programs and practices in the justice system. The Royal Commission emphasized the importance of listening to and working with Aboriginal communities. In response to this advice, members of the Victorian Government and representatives of Victorian Aboriginal communities entered into the inaugural Victorian Aboriginal Justice Agreement (AJA) in May 2000. Burra Lotjpa Dunguludja or ‘Senior Leaders Talking Strong’ is the most recent agreement and is the fourth phase of the AJA. The governance of the AJA and its implementation is achieved through a number of bodies. The AJA established the Aboriginal Justice Forum (AJF). The AJF is comprised of senior representatives of the Victorian Aboriginal community, the Justice and Community Safety, Human Services, Health and Education government portfolios, as well as representatives from Courts and the chairs of the more localized Regional Aboriginal Justice Advisory Committees (RAJAC)1. It oversees the development, implementation, monitoring and direction of the AJA. The Aboriginal Justice Caucus (AJC) is made up of the Aboriginal community members of the AJF. Their role is to ensure Aboriginal input into all facets of the AJA and its implementation. Courts and Tribunal programs are aligned to the policies committed to in the AJA. The implementation of the AJA is an important step towards achieving effective structural and system change to improve justice outcomes and, to provide further support to reduce the over representation of Aboriginal people in the criminal justice system. Programs are planned and designed in consultation with the AJF, the RAJACs and the broader Aboriginal community. A community-led approach is considered an important step in supporting self-determination. One project suggested for consideration in the VAJA and subsequently endorsed by the AJF, was the replication “with cultural adaptation” of the Nunga Magistrates’ Court in Port Adelaide, South Australia. The Nunga Court commenced sitting in 1999 as a Court where Elders from the local community could speak directly to Aboriginal offenders during the sentencing hearing. One of the aims of this approach was to make the Court process more meaningful for the offender. 1 The AJF is responsible for developing and endorsing Koori justice programs. The involvement of the RAJAC chairs ensures that matters come before the Forum from Aboriginal communities throughout Victoria. The AJF meets at least three times a year at different venues throughout Victoria. County Court of Victoria 250 William Street Page 1 of 10 Melbourne Victoria 3000 countycourt.vic.gov.au The County Koori Court: An Information Paper for Legal Practitioners AJF endorsement provided the impetus for the Department of Justice, Koori communities and members of the Magistrates’ Court to work together on establishing a Koori Court. In the second reading speech in support of the legislation that established the Magistrates’ Koori Court, Rob Hulls, Attorney General, made it clear that one of the aims of the Koori Court was to address the over- representation of Aboriginal people in the criminal justice system. He noted that the government did not “pretend that the Koori Court is the only answer to address the alarming number of Aboriginal people represented within our justice system. Rather, it is one initiative of the government’s and the Aboriginal community’s agreement which encompasses the areas of prevention, accessibility, effectiveness of justice related services and rehabilitation.” The Koori Court was identified as one part of a comprehensive program to support Aboriginal offenders. Other suggested initiatives included an adult residential program2, a cultural immersion program, Koori family history and link up, increased numbers of indigenous bail justices, community legal education and improved relations between Victoria Police and Aboriginal communities. The Attorney General saw the establishment of a Court with participation of Koori Elders and Respected Persons (ERP’s) as an important initiative. He stated that the key emphasis “is on creating an informal and accessible atmosphere and allowing greater participation by the Aboriginal community through the Koori elder or respected person, Aboriginal justice worker, indigenous offenders and their extended families or wide group of connected kin, and if desired, victims in the Court and sentencing process.” This was to reduce “perceptions of intimidation and cultural alienation experienced by Aboriginal offenders.” It also reflected the view that input by the offender’s community “is both an appropriate and potentially more effective method of sanctioning unacceptable conduct” than the traditional approach has been. The Attorney General spoke of the important role of the ERP’s in ensuring a cultural context is “applied to the Court’s processes allowing for Koori Court participants to comprehend the consequences of their offending behaviour from both the law’s and the Aboriginal community’s perspective.” Establishment of Koori Courts The first Koori Court was established as a pilot program in October 2002 at the Shepparton Magistrates’ Court. A second Court at Broadmeadows followed in April 2003. These locations were agreed after extensive consultation with Koori communities. There was significant preparatory work undertaken with the local communities, legal practitioners, police and relevant service providers before the Courts commenced sitting. The Courts were evaluated over a two-year period starting in October 2002. The evaluation made several findings including that the Court had - 2 Such a program for male offenders has been established at Yarram in Gippsland. It is managed by the Office of Corrections and called ‘Wulgunggo Ngalu Learning Place’. Offenders can reside at the facility during their Community Corrections Order. Page 2 of 10 The County Koori Court: An Information Paper for Legal Practitioners • less Koori offenders breaching correctional orders and fewer failures to appear on bail; • provided a forum for the sentencing of offenders that is less alienating for them and has allowed the Court to hear their account of the reasons for the offending; 3and • developed a particularly effective means of integrating various service providers to support offenders in the community. The evaluation highlighted a major achievement of the Court as being the way it has served to increase Aboriginal community participation in the justice system. This observation has been confirmed by subsequent developments. In 2002 there were very few (if any) Aboriginal people working in Victorian Courts. There are now over 100 ERP’s participating in Koori Courts throughout Victoria. 30 ERP’s sit on the County Koori Court. In addition, many Aboriginal people are employed within Court Services Victoria and the Department of Justice and Community Safety. The Magistrates’ Koori Court sits at Shepparton, Broadmeadows, Melbourne, Mildura, Warrnambool, La Trobe Valley, Bairnsdale, Swan Hill, Geelong, Portland, Hamilton and Dandenong. In 2005, the first Children’s Koori Court commenced sitting at Melbourne. They are now located in 12 locations, including Melbourne, Heidelberg, Dandenong, Mildura, Latrobe Valley (Morwell and Bairnsdale), Warrnambool, Portland, Hamilton, Geelong, Swan Hill and Shepparton. The County Koori Court division was officially launched at the La Trobe Valley Law Courts on 19 November 2008. It draws on the success of the Koori Courts in the Magistrates Courts. It has now been extended to Melbourne, Mildura, Shepparton and Warrnambool, with further expansion planned for Geelong, Bendigo and Wodonga. The County (Koori) Court The County Court Amendment (Koori Court) Act 2008 established the County (Koori) Court. The Act has the objective of ensuring greater participation of the Aboriginal community in the sentencing process through the role to be played in that process by the Aboriginal ERP and others. 4 The legislation also creates the position of “Koori Court Officer” (KCO) who has the responsibility of supporting the operation of the Court. The Koori Court may regulate its own procedure although it is required to take steps to “ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to: 3 A few offenders spoke to the evaluator of their experiences in the Koori Court. They made positive comments about the court and its processes. For example, one offender said, “it means a whole lot more to be given directions about your future life path from a person who is an Elder of your community and has a better understanding of the shoes us blackfellas walk in”. Another said, “to be able to sit opposite the Magistrate and the Elders, you don’t just feel like a number and they actually listened to what I had to say, and when the Elders pass some advice you do actually listen”. 4 The Secretary of the Department of Justice and Community Safety appoints elders /respected persons. Page 3 of 10 The County Koori Court: An
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