Indigenous Australians

Question 1

Overrepresentation

Answer 1

means there are more people from a certain group/demographic in a
particular area or situation than you’d expect to see, based on how common they are in the
real world.
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 adults.
Are more likely to be arrested and detained in police custody, often for minor
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

Historical and Ongoing Effects of Colonisation

Answer 2

The legacy of colonisation, including dispossession
from land, forced removal of children, and the destruction of cultural practices, has had profound and
lasting effects on Indigenous communities. This has led to intergenerational trauma, social
disadvantage, and a breakdown of traditional social structures.

Question 3

Socioeconomic Disadvantage

Answer 3

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 4

Systemic Bias

Answer 4

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 by police for
certain offences, such as public order offences.
Sentencing: Unconcious/concious biases or implicit beliefs can influence sentencing decisions.

Question 5

Legislative Protection

Answer 5

The Victorian Charter of Human Rights and Responsibilities 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 6

Constitutional Protection:

Answer 6

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 7

Aboriginal Justice Agreement

Answer 7

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
criminal justice system.