Fewer Aboriginal people in the criminal justice system |
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Goal |
2.1 |
Aboriginal people are no worse off under justice policies and legislation |
Outcomes |
2.1.1 |
Disproportionate impacts are identified and remedied when drafting new policies and legislation |
2.1.2 |
Disproportionate impacts of existing justice policies and legislation are identified and remedied |
As a result of existing over-representation in the criminal justice system, the interconnected issues of high levels of socioeconomic disadvantage, historical issues related to trauma and continued experiences of racism, there have been disproportionate consequences for the Aboriginal community in the wake of legislative reforms in Victoria. These reforms, including amendments to suspended sentences, community corrections and parole, were implemented to improve community safety in Victoria.
These changes are associated with increasing numbers of people under justice supervision in Victoria, rapid growth in remand populations, and fewer people on parole. Growth in Aboriginal involvement in the justice system and imprisonment rates, both male and female, far exceeds that for the non-Aboriginal population.
Reducing over-representation requires heightened consideration of the potential impacts of new legislation, and legislation already in place may be reducing opportunities for Aboriginal people to participate fully in economic and social life.
Strategies
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Ensure Aboriginal perspectives inform the development of new justice polices and legislation, and the likely impacts on Aboriginal communities are identified and addressed. |
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Remedy the unfair impacts on Aboriginal people of existing and historical legislation to ensure rights are protected and negative impacts are addressed. |
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Facilitate consideration of an Aboriginal person’s life experience and history; and information regarding alternative options, to increase culturally appropriate legal responses in a variety of justice settings. |
Existing initiatives
- Victoria’s Bail Act 1977 requires decision-makers determining whether to bail or remand a person to take into account any issues that arise due to the Aboriginality of the accused.
- Additional protections for Aboriginal people in bail processes through the commencement of the Bail Amendment (Stage Two) Act 2018.
- A legislative youth diversion scheme that allows children in the Children’s Court and the Children’s Koori Court to be diverted from the criminal justice system.
- Introduction of Youth Control Orders that provide intensive community-based monitoring and supervision for young offenders and ensure their participation in education, training or work.