Justice and safety

Goal 15: Aboriginal over-representation in the justice system is eliminated

Overview

Measures under Goal 15 have improved.

Although there remains significant over-representation in adult justice measures, there are also some positive trends. There are declines in rates across the age cohorts of young people processed by police and the average daily number of children and young people, and adult men and women under justice supervision. Concerningly there are increases in the number of men and women who are being remanded and a decrease in the number of people receiving intensive bail support.

Data note

All measures in this goal are reported on.

Goal 15 directly aligns with the following Closing the Gap Outcomes and Targets

Outcome 10: Aboriginal and Torres Strait Islander adults are not overrepresented in the criminal justice system.

• Target 10: By 2031, reduce the rate of Aboriginal and Torres Strait Islander adults held in incarceration by at least 15%.

Outcome 11: Aboriginal and Torres Strait Islander young people are not overrepresented in the criminal justice system.

• Target 11: By 2031, reduce the rate of Aboriginal and Torres Strait Islander young people (10–17 years) in detention by at least 30%.

Closing the Gap – How Victoria is tracking nationally

Outcome 10: At 30 June 2022, the age-standardised rate of Aboriginal and Torres Strait Islander prisoners was 2,151.1 per 100,000 adult population across Australia compared to 1,605.1 per 100,000 in Victoria.

In Victoria, there has been some improvement since the baseline year of 2019

Outcome 11: In 2021-22, the rate of Aboriginal and Torres Strait Islander children aged 10-17 years in detention across Australia was 28.3 per 10,000 children compared to 9.5 per 10,000 in Victoria.

There has been improvement nationally and in Victoria since the baseline year of 2018-19

15.1 Decrease the number and eliminate the over-representation of Aboriginal children and young people in the justice system

Measure 15.1.1 Number, rate and age profile of unique youth (10–17 years) alleged offenders processed by police

Although decreasing since 2008, the rate of Aboriginal people aged 10 - 17 receiving a caution, arrest, summons, or other processing by police remains highly disproportionate. The rate currently stands at 573.2 per 10,000 compared to 89.7 for non-Aboriginal children and young people. Since 2008, the rate for non-Aboriginal children and young people has more than halved, whereas for Aboriginal children and young people the rate has only decreased by 24 per cent.

Measure 15.1.2 Average daily number and rate of children and young people (10–17 years) under youth justice supervision in detention and community-based supervision

The number of Aboriginal young people and non-Aboriginal young people aged 10–17 under community-based supervision on an average day decreased between 2020-21 and 2021-22. In 2021-22 Aboriginal young people under community-based supervision declined 15.8 per cent to 83.7 people a day on average. Promisingly the rate of Aboriginal young people significantly declined by 25 per cent to 43.9 children per 10,000. This still represents a significant over-representation with Aboriginal young people 11.2 times more likely to be under youth justice community-based supervision.

The number of Aboriginal young people aged 10–17 in detention on an average day remained steady between 2020-21 and 2021-22 while it decreased for non-Aboriginal young people. Concerningly the number of non-Aboriginal children in detention decreased by 26.5 per cent over the year whereas there was no significant reduction for Aboriginal children. It should be noted that for Aboriginal children in detention the total number is relatively low (9.9 children in detention daily average) so it is subject to large variance over reporting periods. When looking at detention rates per 10,000 people, Aboriginal young people were 8.6 times more likely to be detained than their non-Aboriginal peers in 2021-22.

The reduction in young people under youth justice detention and community-based supervision may be partly attributed to the greater use of diversion programs and support services.

Measure 15.1.3 Proportion of first-time youth alleged offenders (10–17 years) cautioned by police

The proportion of 10–17 year old Aboriginal children cautioned by police instead of arrested has grown 6.5 per cent since 2019-20. It has not returned to the highest recorded figure of 67.1 per cent in 2007-08, however the number of alleged offenders has also dropped significantly during this time. Aboriginal children are still being processed by police at disproportionate rates compared to non-Aboriginal young people.

Measure 15.1.4 Proportion of young people (10–17 years) in detention on remand

The average nightly population of Aboriginal young people in detention has remained stable at 12.4 across 2021-22. However, the proportion of those Aboriginal young people who are on remand has increased significantly to 86.2 per cent. This means that the proportion of Aboriginal young people on remand has exceeded the proportion of non-Aboriginal young people on remand for the first time in some years. The high number of Aboriginal young people on remand needs to be addressed. The Victorian Government has committed to reform bail laws as outlined later in this Report under the Domain 5 – Victorian Government Investment and Action section.

15.2 Decrease the number and eliminate the over-representation of Aboriginal women in the justice system

Measure 15.2.1 Number and rate of unique adult female alleged offenders processed by police

The rate of Aboriginal women per 10,000 being processed by police has increased by almost 50 per cent since 2008. This makes the discrepancy even greater between the rates at which Aboriginal women and non-Aboriginal women are processed by police. At 606.7 per 10,000 Aboriginal women, the rate is now over ten times the rate of non-Aboriginal women.

Measure 15.2.2 Average daily number and rate of Aboriginal women under corrections supervision in prison and community corrections

The number and rate of Aboriginal women in prison and under community-based corrections supervision have both declined since 2020. However, over the longer-term, community-based supervisions have markedly decreased while imprisonment has increased. Since 2008, the rate of Aboriginal women under community-based supervision has decreased by 37 per 10,000 and the rate per 10,000 of Aboriginal women in prison has more than doubled from 11 to 23.

Measure 15.2.3 Proportion of women who return to prison under sentence within two years of release

The proportion of Aboriginal women returning to prison under sentence within two years of release has decreased significantly over the last few years. In 2019–20, 43 per cent of Aboriginal women in prison had returned within 2 years of release. By 2021–22, that proportion had dropped to 24.3 per cent. At the same time, the proportion of non-Aboriginal women returning to prison within two years decreased from 32.7 per cent to 28.9 per cent, meaning Aboriginal women are now returning to prison under sentence at lower rates than non-Aboriginal women.

Measure 15.2.4 Proportion of women in prison on remand

The proportion of Aboriginal women in prison who are on remand has grown significantly over the last 15 years. While the proportion of non-Aboriginal women in prison on remand has increased by 2.5 times since 2007-08, for Aboriginal women it has increased by more than 4.5 times. Between 2020-21 and 2021-22, the proportion of Aboriginal women in prison on remand has risen from 43.9 per cent to 51.5 per cent. The recent upward trend can be attributed to the tightening of bail laws in 2018 which made it harder for an applicant to be granted bail and had a disproportionate effect on Aboriginal applicants.

15.3 Decrease the number and eliminate the over-representation of Aboriginal men in the justice system

Measure 15.3.1 Number and rate of unique adult male alleged offenders processed by police

The rate of Aboriginal adult male unique alleged offenders remains extremely high, despite slightly decreasing since 2019-20. Aboriginal men are more than 6.5 times more likely to be processed by police than non-Aboriginal men. The rate has also increased considerably in the last 15 years.

Measure 15.3.2 Average daily number and rate of Aboriginal men under corrections supervision in prison and community corrections

The rate of Aboriginal men in prison has decreased since 2019-20 but remains extremely high. Aboriginal men are imprisoned at a rate more than 15 times that of non-Aboriginal men. Aboriginal men are also under community-based supervision at a very high rate, which has fluctuated in recent years but is more than ten times the rate for non-Aboriginal men.

Measure 15.3.3 Proportion of men who return to prison under sentence within two years of release

The proportion of Aboriginal men who return to prison under sentence within two years of release has decreased marginally over recent years and is now steady at 47.8 per cent. Over the same period, the proportion of non-Aboriginal men who return to prison within two years under sentence has also fallen. Almost half of Aboriginal men leaving prison return within two years, whereas the rate is 36.4 per cent for non-Aboriginal men. However, the rate for Aboriginal men has decreased since 2007-08 whereas it has increased for non-Aboriginal men.

Measure 15.3.4 Proportion of men in prison on remand

The proportion of Aboriginal men in prison on remand continues to rise and the rate of Aboriginal men on remand is now more than double the rate of 15 years ago. Since reform to bail laws in 2018 the proportion of people in prison on remand has risen substantially. As the data shows, Aboriginal men are remanded at higher rates than non-Aboriginal men. In 2021-22 nearly half of Aboriginal men in prison were unsentenced.

Goal 16: Aboriginal Victorians have access to safe and effective justice services

Overview

Measures under Goal 16 have improved.

The number of Aboriginal adults receiving intensive bail support during 2021-22 was considerably higher than any other time, and the proportion was higher than the proportion for non-Aboriginal adults.

There was no new data available for other measures under this goal.

Data note

All measures in this goal are reported on.

Closing the Gap – Relevant Outcomes and Targets for Goal 16

The National Agreement does not contain outcomes and targets that align with this VAAF goal. Victoria is pursuing more ambitious and comprehensive goals under the VAAF, which are reported on in this chapter and the Data Dashboard.

Closing the Gap – How Victoria is tracking nationally

Not applicable.

16.1 Increase Aboriginal Victorians’ participation in culturally safe and effective justice prevention, early intervention, diversion and support programs

Measure 16.1.1 Number and proportion of Aboriginal youth receiving intensive bail support through the Koorie Intensive Support Program

In 2021-22, 104 Aboriginal young people received intensive support through the Koorie Intensive Support Program (KISP). This was consistent with the number of Aboriginal young people in KISP in 2020-21. Of these young people, 9 (or 8.7 per cent) received intensive bail support, consistent with the proportion in 2021-22 but a reduction from the 12.2 percent that received intensive bail support in 2019-20.

Measure 16.1.2 Number and proportion of Aboriginal adults receiving intensive bail support

The proportion of Aboriginal adults receiving intensive bail support has fluctuated slightly since 2019-20 but remains higher than the proportion of non-Aboriginal adults receiving intensive bail support. During 2021-22 the number of Aboriginal adults receiving the support was also considerably higher than at any other time. Intensive bail support provides an alternative to remand for bail applicants considered high risk and who would not otherwise be granted bail. From 2021-22 CISP data counts both intensive bail support from Magistrates Court of Victoria and the County Court of Victoria.

Measure 16.1.3 Number of Aboriginal young people accessing community support programs through youth justice community services

The number of Aboriginal children and young people (ages 10-17) provided with access to community support programs[1] through youth justice community services declined by 6.9 per cent to 607 people in 2021-22, this is accompanied by a 24.3 per cent reduction in the number of Aboriginal children and young people (aged 10-17) under Youth Justice community-based supervision on an average day from 2020-21 to 2021-22. However, this is a significant increase since 2019-20, with the number of Aboriginal children and young people provided with access to community support programs increasing by 25.4 per cent. Youth justice support services are important for improving justice outcomes such as reduced recidivism.

[1] This includes all Aboriginal specific programs funded by DJCS.

Goal 17: Aboriginal Victorians feel safe and connected

Overview

Measures under Goal 17 have remained steady.

The Victorian Public Service has set the goal of having a minimum of two per cent representation of Aboriginal and/or Torres Strait Islander people in the workforce.

Increasing numbers of Aboriginal people are employed in the justice system. However, the proportion of Aboriginal staff at Victoria Police is still very low, and at a consistent 0.6 per cent for the last three years, is the lowest of any police workforce in the country.

Data note

The following measures relies on datasets that are infrequently collected. No new data was available at the time of reporting.

• Measure 17.1.2: Proportion of Aboriginal Victorians who feel safe/very safe walking alone at night in local area in the last 12 months
• Measure 17.1.3. Proportion of Aboriginal Victorians who reported being a victim of physical or threatened violence in the last 12 months.

Historical data for these measures is available on the Data Dashboard, which can be accessed via the First Peoples – State Relations website at www.firstpeoplesrelations.vic.gov.au/report-data-dashboard

Closing the Gap – Relevant Outcomes and Targets for Goal 17

The National Agreement does not contain outcomes and targets that align with this VAAF goal. Victoria is pursuing more ambitious and comprehensive goals under the VAAF, which are reported on in this chapter and the Data Dashboard.

Closing the Gap – How Victoria is tracking nationally

Not applicable.

17.1 Increase community safety and trust in police and the justice system

Measure 17.1.1 Proportion of police officers who have received Aboriginal cultural awareness training

The number of active-duty police officers receiving Aboriginal cultural awareness training has remained steady around 1,500 officers but the spread of officers receiving training has changed. More existing police officers received cultural awareness training in 2021-22 than in any previous year whereas the number of recruits receiving the training has decreased year on year. While the number of recruits receiving cultural awareness training has decreased this is due to the number of total recruits for 2021-22 decreasing. It is Victoria Police policy that all recruits receive cultural awareness training.

Measure 17.1.4 Number and proportion of Aboriginal people employed across the justice system

At 30 June 2022, 379 Aboriginal people were employed across the Victorian justice system. The proportion of the workforce that identify as Aboriginal has remained steady at DJCS, Victoria Police and Court Services Victoria since 2019-20. The proportion of Aboriginal staff at Victoria Police is still very low, and at a consistent 0.6 per cent for the last three years, is the lowest of any police workforce in the country.

Domain 5: Victorian Government Investment and Action

The Victorian Government is working to ensure that Aboriginal people have access to an equitable justice system that is shaped by self-determination, and protects and upholds their human, civil, legal, and cultural rights.

The key Aboriginal Governance Forum for realising outcomes in this Domain is the Aboriginal Justice Forum.

Actions for 2022 include:

Evidence to the Yoorrook Justice Commission

The Victorian Government made a submission in response to the Commission’s Issues Paper on systemic injustice experienced by First Peoples in the criminal justice system.

This submission acknowledges the historical context of the criminal justice system and provides examples of past wrongs; outlines key efforts that the Government has made to address historic and ongoing systemic injustice; expresses the Government’s commitment to do more to achieve transformational change and identifies some key areas for the Commission’s consideration. The Attorney General, Minister for Police, Minister for Corrections and Youth Justice, the Chief Commissioner of Police and senior Government executives also gave evidence.

Wirkara Kulpa Aboriginal Youth Justice Strategy

• Action to address over representation of Aboriginal children and young people in the youth justice system is being progressed through Wirkara Kulpa (2022-2032), the first Aboriginal youth justice strategy, developed in partnership with the Aboriginal Justice Caucus (AJC) under the umbrella of the Aboriginal Justice Agreement.
• Wirkara Kulpa was launched by the then Minister of Youth Justice, Hon. Natalie Hutchins MP in February 2022. This was followed in June 2022 by a special in person youth friendly launch to provide Aboriginal children and young people with information about Wirkara Kulpa in a visual and easily readable child and youth friendly format.
• Wirkara Kulpa has been developed in parallel with the Koori Youth Justice Taskforce and responds to 56 recommendations of the combined report from the Taskforce and the Our Youth Our Way (2021) Inquiry led by the Commissioner for Aboriginal Children and Young People.
• A suite of Wirkara Kulpa funded initiatives and priority projects identified by the Aboriginal community are underway. Two initiatives have been completed in 2021-22. This includes re-establishing Balit Ngulu to provide a specialist holistic legal service for Aboriginal young people and expanding and extending contract agreements with ACCOs to deliver the community based Aboriginal youth justice program.
• In 2022, the foundational work on the following priority initiatives also commenced in partnership with the Aboriginal community.
  • Establishing Aboriginal Youth Justice hubs to provide place-based Aboriginal led services to children and young people.
  • Amplifying the voices of Aboriginal children and young people in the design and delivery of youth justice services.
  • Establishing case management review panels to support Aboriginal young people with complex needs.
  • Integrating cultural support planning within case management and delivering a single cultural plan that can be shared by all agencies working with Aboriginal children.
  • Keeping Aboriginal children (10-14 years) out of the justice system through family centred initiatives.

Consultations to support an Aboriginal Victims of Crime Strategy

• In response to the priorities identified in the Aboriginal Justice Agreement Phase (AJA4) and the Victim Services Review, DJCS commissioned RMIT University’s Centre for Innovative Justice to conduct research into the needs and experiences of Aboriginal victims of crime.
• A governance approach with a consortium of ACCOs (Djirra, Dardi Munwurro and Elizabeth Morgan House Aboriginal Women’s Services) was developed to ensure that the project was Aboriginal-led.
• In November 2021, consultations began with Aboriginal victims of crime to understand how the victim support system can better respond to their needs and to provide critical input into an Aboriginal Victims of Crime Strategy (Strategy). This included yarning circles and individual yarns to understand their needs, goals and preferences. Overall, participant voices echoed the calls that have been emanating from community for many years, including from the AJC for culturally specific responses to Aboriginal victims of crime to be established and adequately funded.

Family-Centred Approaches Pilot

• The family-centred approaches model is for Aboriginal families with complex needs with individual members who are at risk of contact with multiple service systems including the justice system. It aims to provide whole of family-based assessments and tailored supports to strengthen families in a way that is culturally responsive and safe, and trauma-informed.
• The AJG has worked with the AJC to identify three sites across Victoria where a local Aboriginal community-controlled organisation will be funded to pilot the model followed by an Aboriginal-led evaluation process.
• The three sites are in Heywood, Dandenong and Lakes Entrance.
• The pilot sites will provide progress reports through the life of the funding and will be expected to complete the evaluation with accompanying best practice guidelines for this model by the end of 2023.

Expansion of the Aboriginal Justice Group (AJG) – Stolen Generations Reparations Unit and Truth and Justice Response Unit

• The AJG is the group with DJCS that has lead responsibility for eliminating Aboriginal over-representation in the criminal justice system and ensuring Aboriginal Victorians have access to an equitable justice system that is shaped by self-determination, and protects and upholds their human, civil, legal, and cultural rights.
• Two new units were established in the AJG in 2022. The Stolen Generations Reparations Unit was established to administer the Government’s $155 million reparations package to help address the trauma and suffering experienced by members of the Stolen Generations. The Truth and Justice Response Unit was established to lead the DJCS response to the Commission.

Stolen Generations’ Reparations Package

• On 31 March 2022, the Victorian Government opened the Stolen Generations Reparations Package. At December 2022, 566 applications had been received and 43 per cent of those have been assessed by the Independent Assessment Panel during the second half of 2022. The package is intended to help address the trauma and suffering caused by the forced removal of Aboriginal children from their families, communities, culture, identity and language. It is considered a model redress scheme for stolen generations across the country. The newly formed unit established to set up the scheme rapidly operationalised to accelerate implementation and the delivery of the 34 Recommendations in Part One of the Stolen Generations Reparations Steering Committee Report.
• Over the period, 70 per cent of these recommendations were completed with nine still underway, including a first-year review of the Program expected in June 2023. This review will inform further enhancements to the way the program is implemented over the course of the next 4 years.
• The Package continues to be designed by and for Aboriginal people with oversight by the Stolen Generations Reparations Advisory Committee, comprised of people with lived experience of Stolen Generations and their families.

Key Legislative Reform

Reviewing the age of criminal responsibility

• In August 2022, the Standing Council of Attorneys-General, which comprises Attorneys-General from the Australian Government, all states and territories, and the New Zealand Minister for Justice, recommitted to the national process to consider the age of criminal responsibility.
• On 26 April 2023, the Victorian Government committed to raise the minimum age of criminal responsibility from 10 years old to 12, and to 14 years old by 2027.
• The Government will begin consultation with key stakeholders and agencies in the development of the legislation, which is expected to be introduced to Parliament later in 2023.

Bail reform

• The Victorian Government has committed to reform the Bail Act 1977 following the release of the recommendations of the coroner inquiring into the death of Veronica Nelson in January 2023.
• Planned reforms include:
  • limiting the reverse-onus test so it does not apply to low-level criminal activity
  • amending the unacceptable risk test so minor repeat criminal activity cannot be used for a reason to refuse bail
  • updating factors that a bail decision maker must consider when an applicant identifies as Aboriginal including children

Public intoxication reform

• Decriminalisation of public drunkenness was a recommendation of the 1987 Royal Commission into Aboriginal Deaths in Custody and was reiterated by the coroner inquiring into the death of
• Tanya Day.
• The Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021 was passed by Parliament on 19 February 2021 and was scheduled to come into effect on 7 November 2022.
• The Crimes Legislation Amendment Act 2022, which was passed by Parliament on 18 August 2022, deferred commencement of decriminalisation of public intoxication until 7 November 2023.
• When public drunkenness is decriminalised in November 2023, the new health-based model will become the default response. Domain 4 of this Report includes more detail about the health-based model.

Implementation of the Spent Convictions Act 2021

• In December 2021, the majority of the provisions of the Spent Convictions Act 2021 (the Act) commenced. Under the Act, convictions for eligible minor or historical offences are ‘spent’ and no longer show up in most police record checks either immediately or after certain rehabilitation periods of 5 or 10 years.
• Since 1 July 2022, some more serious convictions can become ‘spent’ by application to the Magistrates’ Court, where the Court must consider several factors, including unique systemic factors affecting Aboriginal people.
• By addressing minor and historical convictions, the Act reduces unfair barriers to Aboriginal Victorians’ access to employment and training opportunities, including in community-controlled organisations.
• None of this legislative reform would be possible without the strong and sustained advocacy of the Aboriginal community.

Key investments

2021-22 Budget

The 2021-22 Budget provided $33.1 million over four years for 12 Preventing Aboriginal Deaths in Custody initiatives that respond to Aboriginal community calls for greater accountability and action to reduce Aboriginal over-representation in the criminal justice system, as well as the risk of Aboriginal deaths in custody.

Funded initiatives include:

• $5.950 million over three years to keep Aboriginal children out of the criminal justice system
• $4.731 million over two years for after-hours specialist family violence support
• $4.864 million over four years for a Healing Unit for Aboriginal women in prison
• $1.900 million to ensure the 20-bed Aboriginal Healing Unit is a culturally safe space
• $4.093 million over two years for to enhance diversion programs for Aboriginal adults
• $2.491 million over two years for additional Aboriginal Wellbeing Officers in prisons
• $2.000 million over two years to trial Aboriginal legal assistance hubs
• $1.835 million over two years for the Wadamba Prison to Work Program
• $1.519 million over two years so the Baroona Youth Healing Program can provide residential diversion for young Aboriginal males and females
• $1.488 million over two years for ‘The Torch’ art program in prisons and community
• $1.231 million over three years for Ngarra Jarranounith Place for Aboriginal men
• $0.826 million over three years for the Continuity of Health Care Pilot Program
• Implementing public intoxication reforms was allocated $10.4 million in the 2021-22 Budget.

The 2021-22 Budget supported initiatives targeting Aboriginal children from a $33.1 million package including family services to keep Aboriginal children under 14 out of the youth justice system ($5.95 million).

2022-23 Budget

• Early Intervention Programs were provided $1.23 million to reduce downstream impacts on the justice system. Funded Initiatives include:
• $0.623 million to expanding Dardi Munwurro’s Bramung Jaarn early intervention program for Aboriginal young men who use or are at risk of using family violence.
• $0.600 million to provide additional grants to Djirra to expand early intervention and prevention programs for Aboriginal women which targets their use, or risk of, using family violence.
• An additional $1.438 million over two years forAboriginal Justice Caucus to conduct an independent, Aboriginal-led review of Victoria’s progress in implementing recommendations made by the Royal Commission into Aboriginal Deaths in Custody’.
• The expansion of Ngarra Jarranouth regional residential program operated by Dardi Munwurro received an additional $7.12 million over four years for residential support for perpetrators of family violence.
• $3.08 million over four years (and $800K ongoing) for Victorian Aboriginal Legal Services (VALS) to operate at the Bendigo Law Court.
• $115 million of the previously announced $155 million for the Stolen Generations Reparations Package allocated during this budget cycle.
• $5.9 million for Aboriginal Land Justice:
• $5.1 million over three years to improve capacity for Traditional Owner Corporations to negotiate ‘Recognition and Settlement Agreements’
• $0.75 million over two years to improve outcomes under the Traditional Owner Settlement Act 2010 (TOS Act).
• $11 million over two years for key initiatives to divert children from the Youth Justice system. This includes funding to support establishment of the Aboriginal Youth Justice Hubs.