Sub Navigation

Koori Court - FAQs

Q: What are the aims of the Koori Court?
A:

The Koori Court aims to:

  • increase Koori ownership of the administration of the law
  • increase positive participation in the justice system by Koori offenders
  • increase the accountability of the Koori offenders, families and community
  • encourage defendants to appear in court
  • reduce the amount of breached court orders
  • deter offenders from re-offending
  • increase community awareness about community codes of conduct and standards of  behaviour
  • explore sentencing alternatives prior to imprisonment
  • increase community safety.
Q: Why create a separate court for Koori people?
A:

Koori people are greatly over-represented within the criminal justice system, more so than any other cultural group. Koori people are 12 times more likely than non-Indigenous people to be placed in an adult prison.

Numerous reports, such as the Royal Commission into Aboriginal Deaths in Custody and the Bringing Them Home report, have recommended that the legal system be modified to make it less culturally alienating and more tailored to the needs of Koori offenders and their community.

The Victorian Aboriginal Justice Agreement was developed between the State Government and the Victorian Koori community. One of its major recommendations is the need for a Koori Court.

Q: Who is eligible for the Koori Court?
A:

Koori defendants who:

  • plead guilty to an offence and show an intention to take responsibility for their actions
  • live within or have been charged within the boundary area of a Koori Court
  • elect to have their matter heard in the Koori Court.
Q: Who sentences the offenders and what sentencing orders are available?
A:

As in the mainstream Magistrates’ Court, the magistrate has the ultimate decision regarding the sentencing order. The magistrate retains all sentencing alternatives, including the power to send defendants to prison.

However, the primary goals of the court are to develop sentencing orders that are more culturally appropriate to Koori offenders, thereby reducing the rate of re-offending, and to increase the positive participation of the Koori community in the sentencing process. The Koori Court thus benefits not only the Koori community, but also the wider community.

Q: What is the role of the Koori Elder and Respected Person?
A:

Their role is to provide cultural advice and background information about the defendant (and if appropriate, the victim) that may assist the magistrate in understanding the reasons for the offending behaviour. The magistrate might consider this advice when handing down the most appropriate sentencing order.

Participation by the Koori Elder or Respected Person also sends the message to the defendant that their offending behaviour is condoned by neither Koori nor non-Koori communities.

Q: What is the role of the Koori Court Officer?
A:

The Koori Court Officer is a specialised position created for the Koori Court.

The officer’s role is to build relationships with stakeholders, liaise with the defendant and their family before and after the case is heard, assist the defendant in accessing support services or provide more information about the court's processes. The Koori Court Officer is also able to assist indigenous defendants who are not appearing in the Koori Court.

Q:
A:
Q:
A:
Q:
A:
Q:
A:
Q:
A:
Q:
A:

Contacts

Koori Courts Unit
7/436 Lonsdale Street
Melbourne VIC 3000
Tel: 03 9603 9364
Fax: 03 9603 9464