CJS: Improving Access for the Indigenous

Question 1

What is overrepresentation?

Answer 1

There are more people from a certain group/demographic in a particular area or situation you’d expect to see, based on how common they are in the real word.
Aboriginal and Torres Strait Islanders are vastly overrepresented in all areas of our justice system. Specifically, they:
- Are imprisoned at a rate significantly higher than non-indigenous adult.
- Are more likely to be arrested and detained in police custody, often for miner offences.
- Are more likely to die in custody than non-indigenous people.
- Are more likely to have their children removed from their care.

Question 2

Barriers faced by the Indigenous population

Answer 2

Historical and Ongoing Effects of Colonisation, Socioeconomic Disadvantage, Systemic Bias, Cultural Factors, Lack of Diversion Programs, Distrust in Government Bodies.

Question 3

Historical and Ongoing Effects of Colonisation

Answer 3

The legacy of colonisation, the stolen generation, the destruction of cultural practices, etc has lead to intergenerational trauma, social disadvantage, and a breakdown of traditional social structures.

Question 4

Socioeconomic Disadvantage

Answer 4

Aboriginal and Torres Strait Islander people experience disproportionately high rates of poverty, unemployment, lower education levels, and poorer health outcomes. These factors can increase the likelihood of contact with the criminal justice system.

Question 5

Systemic Bias

Answer 5

There is evidence of bias at various stages of the justice system, including:
- Policing: Aboriginal and Torres Strait Islander people are more likely to be targeted for certain offences, such as public order offences
- Sentencing: Unconscious/conscious biases or implicit beliefs can influence sentencing decisions

Question 6

Legislative Protection

Answer 6

• The VCHRR Act 2006 is a key piece of legislation that protects the human rights of all people in Victoria, including Aboriginal and Torres Strait Islander peoples. It includes rights such as the right to equality and cultural rights.
• Specific legislation also exists to protect Aboriginal cultural heritage and land rights.

Question 7

Constitutional Protection

Answer 7

While there is no specific mention of indigenous rights in the Victorian Constitution, Section 6 of the Victorian Constitution Act recognises the ongoing existence of Aboriginal rights.

Question 8

Aboriginal Justice Agreement

Answer 8

A long-term partnership between the Aboriginal community and the Victorian Government. The two groups are committed to working together to improve Aboriginal justice outcomes, family and community safety, and reduce over-representation in the Victorian CJS.

Question 9

Treaty for Victoria

Answer 9

Treaty for Victoria is another way Victoria is aiming to improve outcome and overall quality of life for Indigenous people.