Justice and Safety

Our Shared commitment

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.

Most Aboriginal people will never be involved with the criminal justice system. Those who are, however are more likely to experience ongoing involvement. Systemic and structural barriers lead to Aboriginal over-representation in the justice system and entrenched cycles of disadvantage. These barriers include inequality, racism, discrimination and unconscious bias, social and economic disadvantage and involvement with the child protection system. While the over-representation of Aboriginal people remains, community-led responses are going some way to address these underlying structural factors.

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

Measures under Goal 15 have worsened

Although there have been improvements in rates of police cautioning of young people, other measures have worsened. There is an increase of women in prison on remand, and men returning to prison within 12 months of release.

More children, men, and women were processed by police and more are under corrections supervision in 2023. The consequences of colonisation are far-reaching and intergenerational, continuing to play out in First Peoples interactions with the criminal justice system.

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 per cent.

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 per cent.

Closing the Gap - How Victoria is tracking nationally

Outcome 10: In 2022-23, the age standardised rate of Aboriginal and Torres Strait Islander prisoners was 2,151.1 per 100,000 adult population across Australia compared to 1,778.1 per 100,000 in Victoria. In Victoria, there has been some improvement since the baseline year of 2018-19.

Outcome 11: In 2022-23, the rate of Aboriginal and Torres Strait Islander children aged 10-17 years in detention across Australia was 28.8 per 10,000 children compared to 9.1 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

The number and rate of young people processed by police has continued to increase since 2020-21. Police processing includes receiving a caution, arrest or summons. In 2022-23, Victoria Police processed 700 Aboriginal and 6,395 non‑Aboriginal young people. This represents a rate of 669.7 per 10,000 Aboriginal young people and 102.9 per 10,000 non-Aboriginal young people. Since 2007-08, there has been an almost 50 per cent decline in the rate of police processing for non-Aboriginal young people. This historic decline has not taken place for Aboriginal young people.

The rate of police processing can also be broken down by age profile. In 2022-23, Victoria Police processed Aboriginal young people aged 15-17 years at almost three times the rate of Aboriginal young people aged 10‑14 years. For the 15-17 age group, the rate of police processing (1,143 per 10,000) is the highest it has been since 2012-13. For the 10-14 age group, the rate has risen sharply since the previous year (from 304.7 to 395.7 per 10,000), but overall has decreased over the last ten years. This breakdown is significant in the context of raising the age of criminal responsibility to 14. Victoria will be the first state in Australia to raise the minimum age of criminal responsibility from 10 years old to 12 in 2024, and to 14 years old by 2027 (with exceptions and subject to an alternative service model).

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

In 2022-23 81.8 Aboriginal young people on an average day were under community-based supervision. This number has remained steady since 2021-22 with 83.7 young people on an average day. The rate of Aboriginal young people under community-based supervision has declined in 2022-23 to 32.9 per 10,000. This still represents a significant over representation. For non-Aboriginal young people only 3.2 per 10,000 were under community-based supervision in 2022-23. This means that Aboriginal young people are 10 times more likely to be under community-based supervision. Comparing long-term, Aboriginal young people are far less likely to be under community-based supervision than ten years ago. In 2013-14 the rate of Aboriginal young people under community-based supervision was 110.5 per 10,000. The rate for non-Aboriginal young people has declined to a similar degree.

In 2022-23 9.6 Aboriginal young people on an average day were in detention. This is a slight decrease from 12.4 on an average day in 2021-22. The rate of Aboriginal young people in detention has also decreased with 9.1 per 10,000 in 2022-23. Like with community-based supervision Aboriginal young people are overrepresented in detention. Aboriginal young people are 9.3 times more likely to be in detention than their non-Aboriginal peers. Comparing long-term, Aboriginal young people are as likely to be in detention in 2022-23 as they were in 2013‑14. In 2013-14 the rate was 10.8 young people per 10,000 in detention. While the rates of Aboriginal young people in detention have trended down over time, the persistent over-representation of this cohort points to the need for more effective systemic reform.

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

The proportion of Aboriginal young first‑time alleged offenders cautioned by police has continued to increase since 2018-19. In 2022-23, 79.6 per cent of Aboriginal young people were cautioned by police. Young people who receive a caution for first-time alleged offending are less likely to reoffend than those who receive a different outcome (such as being arrested or summoned by police)^[1].

It should be noted that there remains a large proportion of first-time youth alleged offenders whose Aboriginal status is unknown. Positive identification is required for Aboriginal young people to access Aboriginal specific alternative justice pathway programs designed for Aboriginal young people. Aboriginal people are less likely to positively identify without assurance of equitable treatment and evidence of work done to address systemic racism.

Case study: Aboriginal Youth Cautioning Program (AYCP)

The Aboriginal Youth Cautioning Program (AYCP) was developed in collaboration with Aboriginal communities and in accordance with principles of Aboriginal self-determination outlined within AJA4. The aim of the AYCP is to increase and enhance the use of police cautioning through a community-led model, based on principles of early intervention, harm-reduction and community involvement, to reduce the over-representation of Aboriginal young people in the criminal justice system.

The AYCP provides young people with an opportunity to be referred to a community-led support panel after receiving a Child Caution. The panel assesses the young person’s needs and then supports them to engage with culturally appropriate local services to address the factors underlying their behaviour. Additionally, the AYCP promotes monitoring and accountability of cautioning decisions to ensure that Aboriginal young people receive a caution rather than a charge, whenever appropriate.

Initially established as a pilot in Bendigo, Echuca and Dandenong, the AYCP has now expanded to cover over 20 Local Government Areas and is operating on an ongoing basis. The program will continue to expand to additional sites, in consultation with local Aboriginal communities. The program has been supported by the roll-out of the Victoria Police Aboriginal Culturally Awareness Training (ACAT) package as well as resources promoting greater awareness of the program.

Additionally, the initiative is further supported by amendments made to the Victoria Police Manual Cautions in 2021 which address barriers to cautioning, including removal of the requirement to admit responsibility for an offence in order to receive a caution and clarifying that there is no specific limit to the number of cautions that a young person can receive, in reasonable circumstances.

Aboriginal young people participating in the program have been referred to a range of services, including educational support, cultural activities, employment programs and sporting activities, with involvement of Aboriginal community services and local Elders. In many cases, panel members, including Elders and other local Aboriginal services provided follow-up support to young people to ensure that they received ongoing support beyond their initial engagement with the support panel.

Since the introduction, Victoria Police has noted promising trends in Child Cautioning, with increased cautioning rates in many areas and supportive relationships with Aboriginal organisations and service providers.

Victoria Police received four years of funding through the State Budget 2023-24 to enhance with AYCP. Enhancements will include recruitment of employees to oversee the daily operation of the program, brokerage funding to reduce barriers to engagement with the program and funding for a comprehensive evaluation.

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

The number of Aboriginal women who received a caution, arrest or summons continued to rise in 2022-23, to 1,314 women. In this year, Victoria Police processed Aboriginal women at a rate of 630.7 per 10,000. This is more than 11 times the rate for non‑Aboriginal women. It is also the second largest difference in rate recorded since 2007-08, meaning that outcomes for Aboriginal women have worsened over the long term. Police processing includes receiving a caution, arrest or summons.

The over policing of First Peoples in Victoria continues to be an issue. This is compounded by the disproportionate number of Aboriginal women denied bail, the impacts of structural racism in the criminal justice system, and past and current laws and policies that disproportionately impact First Nations women. In addition, while most First Nations women will never experience family violence, those who do risk being misidentified as perpetrators of violence by police, resulting in criminalisation and incarceration^[2]. Rigorous cultural change within the justice system is needed to change these outcomes. In evidence to the Yoorrook Justice Commission (hearing 08/05/23), Victorian Police Chief Commissioner Shane Patton committed to reviewing 'policies and processes with community to address systemic racism, unconscious bias, or unequal use of discretionary power in outcomes’. Victoria Police is engaging in a program of work to reduce and rectify misidentification in family violence incidents, through changes to policy, additional training, practice guidance and a review of systems.

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

On an average day in 2022-23, there were 164 Aboriginal women under community‑based corrections supervision. This represents a rate of 78.7 per 10,000 Aboriginal women. This is a higher average daily number (and rate) than the previous year, when 137 Aboriginal women were placed under community-based corrections supervision (at a rate of 68.6 per 10,000 Aboriginal women).

Over the same period (2021-22 to 2022-23), the number and rate of Aboriginal women under corrections supervision in prisons decreased. On an average day in 2022-23, there were 41 Aboriginal women in prison compared to 46 women the previous year and 53 women in 2020-21. This represents a rate of 19.7 per 10,000 Aboriginal women, compared to a rate of 23 per 10,000 and 27.3 per 10,000 the previous years.

It is promising that the number and rate of Aboriginal women under corrections supervision in prison has decreased two years in a row. However, continuing to reduce over‑representation remains a high priority. Aboriginal women in Victoria remain far more likely to be placed under corrections supervision (either in community-based corrections or in prison) than non-Aboriginal women. In 2022-23, Aboriginal women were 17 times more likely to be under community-based supervision than non-Aboriginal women. They were also 18.3 times more likely to be under corrections supervision in prison than non‑Aboriginal women.

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

In 2022-23, 29.7 per cent of Aboriginal women who had left prison returned within two years. This is the first increase in recidivism rates since 2018-19, demonstrating worsening outcomes for Aboriginal women leaving prison. In the same year, 28.8 per cent of non‑Aboriginal women leaving prison returned within two years, less than in the previous year. Although not a large over-representation, it is concerning that increased recidivism rates for Aboriginal women have occurred at a time when recidivism rates for non-Aboriginal women have declined. In 2021-22, Aboriginal women were less likely than non‑Aboriginal women to return to prisons within two years.

When looking at longer‑term trends, the proportion of Aboriginal women returnees has significantly decreased since 2010-11. This was a year in which 63.2 per cent of Aboriginal women were returning to prison within two years of their release.

Measure 15.2.4 Proportion of women in prison on remand

Between 2021‑22 and 2022-23, the proportion of Aboriginal women on remand decreased from 60.9 to 56.9 per cent. During this time, the proportion of non‑Aboriginal women on remand decreased from 51.5 to 49.3 per cent. In 2022-23, Aboriginal women represented 7.1 per cent of all women in prison. This is the lowest this rate has been since 2017-18.

In 2023, the Victorian government amended the Bail Act 1977 to remove several provisions introduced in 2013 and 2017. This critical reform followed strong advocacy from the Victorian Aboriginal justice sector. This included targeting reverse onus tests to more serious offending. It also included repealing two of three offences under the Bail Act: committing an indictable offence while on bail, and breaching bail conditions, both which had a disproportionate impact on First Peoples in Victoria. The Act has also been expanded and strengthened to include greater consideration of the impact of custody on Aboriginal women, such as the impact on caregiving responsibilities and the impact of trauma or family violence. The amendments will reduce rates of remand for people accused of low‑level offending. This will help to address the disproportionate rate at which the State imprisons Aboriginal women before they have a chance to be heard before a judge.

Case study: Dame Phyllis Frost Centre Aboriginal Healing Unit

In an Australian first, an Aboriginal Healing Unit was opened on 6 September 2023 at the Dame Phyllis Frost Centre (DPFC) providing new culturally safe, community-led and trauma-informed programs for Aboriginal women in custody.

The Victorian Government has invested $8.8 million for the new unit and programs which are being delivered by Aboriginal Community Controlled Organisation Elizabeth Morgan House.

The new facilities include a sensory room, activities room with facilities for art programs, a peaceful outdoor cultural area with art-inspired screening and native plantings, and a yarning circle featuring symbolic mosaics and a fire pit area.

Outdoor spaces feature traditional grasses for weaving, Aboriginal totems for various clan groups and a gum tree to provide leaves for cultural ceremonies.

Programs focus on the social and emotional wellbeing of Aboriginal women within DPFC, and supporting reintegration in a respectful, therapeutic way, with mentoring from Elders and Respected Persons and support to build essential life skills in a safe space for those in both remand and sentenced custody.

Aboriginal women at DPFC and community members helped inform the design of the Aboriginal Healing Unit, ensuring the space and programs support the spiritual and cultural needs of Aboriginal women in custody.

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

The number of Aboriginal men who received a caution, arrest or summons continued to rise in 2022-23, to 2,955 men. In this year, Victoria Police processed Aboriginal men at a rate of 1,423.9 per 10,000. In contrast, the rate for non-Aboriginal men processed by police was 206.9 per 10,000. This means that Aboriginal men were 6.9 times more likely to be processed by police than non-Aboriginal men.

The rate of police processing for Aboriginal men has not declined in recent years. In contrast, the rate of police processing for non-Aboriginal men has declined since a high point in 2020-21 (at 233 per 10,000).

Aboriginal men remain significantly over-represented in prison and community-based corrections. On an average day in 2022-23, there were 680 Aboriginal men under community-based corrections and 759 Aboriginal men in prison. Over this year, Aboriginal men were 10.8 times more likely to be in community-based supervision than non-Aboriginal men. They were also 17.2 times more likely to be in prison than non-Aboriginal men. The rate of Aboriginal men under community-based supervision has increased by more than 50 percent since 2007-08. The rate of Aboriginal men in prison has more than doubled over the same period.

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

Aboriginal men who leave prison are more likely to return within two years than non-Aboriginal men. However, recidivism rates have marginally decreased in recent years. In 2022-23, 46.4 per cent of Aboriginal men returned to prison within two years, compared to 47.8 per cent the previous year. This is the lowest rate of recidivism since 2009-10. Over the same period, the proportion of non-Aboriginal men who returned to prison increased from 36.4 to 39.4 per cent.

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

Overview

Measures under Goal 16 have improved

While the number of children and young people receiving intensive bail support has decreased; more adults are receiving bail support and more young people are accessing community support programs through youth justice community services. Support through the justice system is vital for equitable access to justice.

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.

Measure 16.1.1 Number and proportion of Aboriginal young people receiving intensive bail support through the Koorie Intensive Support Program (KISP)

In 2022-23, less Aboriginal young people accessed the Koori Intensive Support Program (KISP) than in previous years. Only 81 young people received support through KISP. Of the 81 young people accessing the program, only five young people (6 per cent) received bail support. This was despite 97.6 per cent of all Aboriginal young people in prison being held there on remand.

The KISP aims to reduce the number of Aboriginal young people who are detained prior to sentencing. This includes providing intensive outreach support to assist young people who are complying with bail conditions or conditions placed on deferred sentences. Bail support is an important program that reduces time spent in prison as well as rates of reoffending. Access to these vital services needs to be improved.

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

In 2022-23, 620 Aboriginal adults were referred for intensive bail support. From these referrals, 390 Aboriginal adults received intensive bail support. This represents a take-up rate of 62.9 percent, the highest rate in thirteen years (since 2010-11). Intensive bail support provides an alternative to remand for bail applicants considered high risk and who would not otherwise be granted bail. Increasing the proportion of Aboriginal adults referred for and receiving intensive bail support is key to preventing people from spending unnecessary time in prison.

Measure 16.1.3 Number of Aboriginal children and young people accessing community support programs through youth justice community services^[3]

In 2022-23, 580 Aboriginal children and young people participated in community support programs through the youth justice community services pathway. This is 62 more children and young people than the previous year (2021-22), and 96 more Aboriginal children and young people since the pathway began in 2019-20.

Youth Justice Community Support Services aim to reduce rates of re-offending by young people. They also aim to minimise contact with the criminal justice system and support their transition from the youth justice system to their local communities. By developing young peoples' independence, resilience and connectedness to family and community, the services help to prepare young people for adulthood and develop their capacity for meaningful educational and economic participation.

Goal 17: Aboriginal Victorians feel safe and connected

Overview

Measures under Goal 17 have improved

Improvements in the cultural awareness of Victoria Police staff and the increasing number of Aboriginal staff in the justice system is a small step towards a more culturally safe justice system.

A culturally responsive justice system is one in which non-Aboriginal people take responsibility to understand the importance of culture, country and community to Aboriginal health, wellbeing and safety, by working with Aboriginal communities to design and deliver culturally-responsive services.

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.

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

Across 2022-23, the number of Police Officers who had received Aboriginal cultural awareness training increased dramatically from 636 to 5270 officers. This represents 57.9 per cent of all current Victorian Police Officers (as at 30 June 2022-23). During the Yoorrook Justice Commission’s criminal justice system hearings, evidence from Aboriginal Victorians told of encounters with the police involving racism, unconscious bias and unequal application of discretionary powers, including use of force. In its report, Yoorrook with Purpose, the Yoorrook Justice Commission recommends that government must significantly upscale the capability, competence and support in relation to human rights, including Aboriginal cultural rights, of all people appointed to work or working in Victoria police among other areas. This recommendation is supported in principle by Government.

Case study: South Region Aboriginal Inclusion Action Plan

SDRF enabler - Address racism and promote cultural safety

South Region Aboriginal Inclusion Action Plan

The South Area Aboriginal Inclusion Action Plan 2020-24 (AIAP) is the commitment to Aboriginal inclusion, demonstrating a commitment to community to ensure the South Area’s structures, behaviours, culture and values reflect respect for the Aboriginal community, the Traditional Custodians of the land upon which we all live and work. The plan builds upon current achievements and places self-determination at the forefront of decision making and advice, in an effort to address the over-representation of Aboriginal people in the criminal justice system and strengthen the South Area in cultural diversity, cultural safety and cultural respect.

The new AIAP was developed in partnership with the South Area Regional Aboriginal Justice Advisory Committee Executive Officers and is aligned to the vision and principles of working under Burra Lotjpa Dunguludja (Aboriginal Justice Agreement Four). The South Area AIAP recognises that the Yoorrook Justice Commission is the first formal truth telling process into historical and ongoing injustices experienced by First Peoples in Victoria. It will align to any recommendations for the healing, system reform and practical changes to laws, policy and education as well as matters to be included in future treaties.

The South Area AIAP Committee has representation from all business units across South East Metropolitan and Gippsland Regions. Members are expected to commit to a minimum term of 12 months, represent assigned portfolios, attend all meetings within reason and become part of the dedicated working groups to address area actions. Cultural advisors will also form part of the committee, with these positions open to any Aboriginal person working for DJCS in the South Area to provide overall guidance to members ensuring activities are culturally appropriate.

Achievements to date include:

• Embedding of the AIAP in the regional business plans
• Justice Service Centres have flags, plaques acknowledging Traditional Custodian and Aboriginal artwork on display
• Increased identified positions across CCS including the Aboriginal Professional Practice Advisor (Southern Region)
• Continual commitment for Welcome to Country for all formal events and Acknowledging Country at all meetings including formal noting for the agenda
• Strengthened engagement with community via festivals, Aboriginal events, visits to co-ops and Gathering Place
• Raising of internal awareness through information boards and a calendar of significant events
• Targeted charity donation to benefit Aboriginal communities
• Culturally appropriate community work sites and projects
• Strengthening Aboriginal economic participation through procurement (Aboriginal venues and catering).

Case study: Evaluation of the Aboriginal Community Liaison Officer Role and creation of new Aboriginal designated roles

SDRF enabler - Address racism and promote cultural safety

In support of the recommendation from the Aboriginal Themed Community Safety Forum ABSTARR Report (July 2021), Victoria Police reviewed the Aboriginal Community Liaison Officer (ACLO) role definition and the tasks and activities generally undertaken since inception in 2005/2006 against the position description.

An independent assessment was completed and on 16 June 2023 Executive Command endorsed the reclassification of the ACLO role from VPS3 to VPS4. Executive Command also endorsed the creation of the following Aboriginal designated positions:

• VPS5 Senior Aboriginal Programs Coordinator position to provide support, consistency and information sharing across the ACLO and Police Aboriginal Liaison Officer Network (Recommendation from the 2021 Aboriginal Themed Community Safety Forum ABSTARR Report- July 2021). The position is currently underway being advertised.
• VPS4 Aboriginal Complaints Support Officer position within Professional Standards Command. The role is to provide a culturally sensitive approach to handling complaints from Aboriginal and Torres Strait Islander people. The position description was endorsed by the Aboriginal Justice Caucus (Recommendation from the Independent Broad-based Anti-corruption Commission Audit Report ‘Victoria Police handling of complaints made by Aboriginal People’ – May 2022.) Recruitment is currently being finalised.
• an additional ACLO position based in the City of Yarra (Richmond Police Station).

This brings the number of ACLO positions to 17 across the State (Action from Aboriginal Justice Forum 64- March 2023).

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

In 2022-23, there were 400 Aboriginal staff employed in the Victorian justice system. This increased from 379 employees the previous year. Over the same period, the proportion of Aboriginal staff at the Department of Justice and Community Safety remained steady at 1.8 per cent of all staff. The proportion of Aboriginal staff at Court Services Victoria marginally increased to 2.71 per cent. The proportion of Aboriginal staff at Victoria Police also marginally increased to only 0.07 per cent. The Victoria Police Aboriginal Inclusion Strategy and Action Plan 2023-2025 supports strengthening partnerships, supporting self-determination, and continues to remove barriers to a safe and inclusive workplace for Aboriginal and Torres Strait Islander people. Cultural reform of the justice system is imperative to improving outcomes for First Peoples.

Case study: Yallum Yallum Elders and Respected Persons Council – Horsham

SDRF enabler - Address trauma and support healing

The Yallum Yallum Elders and Respected Persons Council is a fully independent self-determined model of justice operating in Horsham that promotes cultural healing, social and emotional wellbeing, and a stronger role in culture and community. The Yallum Yallum Council program aims to divert Aboriginal people away from and reduce Aboriginal over representation from the criminal justice system.

This project is funded and supported by the Grampians RAJAC and West Area Justice Services and managed by the Goolum Goolum Aboriginal Cooperative. The Yallum Yallum Council is a group of Elders and Respected Persons who are brought together to provide guidance and form an agreement with participants during their engagement with the program to strengthen their cultural identity and explore, address and repair harm related to their behaviour. Referral pathways are largely through either Victoria Police, legal representatives or the Magistrates Court and the program is generally aimed at Aboriginal people eligible for diversion in the Magistrates Court.

During 2023, the project moved from conceptualisation to project planning and into implementation, with the first participant commencing engagement with the Yallum Yallum Council in late 2023. An independent evaluation will be completed during 2024 by Think Impact partnering with Kowa Collaborations.

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.

Aboriginal Justice Agreement

The Aboriginal Justice (AJA) was established in 2000. It is the longest-running agreement of its kind in Australia and has enabled the establishment of many significant initiatives. However, addressing over-representation is complex and requires generational change.

The fourth phase of AJA Burra Lotjpa Dunguludja (AJA4), launched in August 2018, is a partnership aimed to close the gap between Aboriginal and non-Aboriginal justice outcomes by 2031. In partnership with the Aboriginal Justice Caucus, the Victorian Government is currently progressing an extensive range of actions under Burra Lotjpa Dunguludja. These actions range from programs and resources that provide support for Aboriginal people in contact with the justice system to significant legislative reform.

A large number and diverse range of initiatives are provided under the AJA4 including a community grants program of over $35million per annum that provides for Aboriginal organisations to deliver community-based initiatives aimed at improving Aboriginal justice outcomes.

Corrections Victoria

Victorian Government investment has supported Aboriginal people in prison to access a suite of culturally specific programs and services across prisons, as well as offending-related rehabilitation and transitional programs, that aim to respond to cultural needs.

In the 2023-24 Budget $3.28 million was provided to support the continuation of existing programs focused on culturally safe supports for Aboriginal people in prison, including:

• $1.258m over one year to continue Aboriginal Wellbeing Officers (AWO) roles and support for the AWO staffing model
• $0.753m over one year to continue the Statewide Indigenous Arts in Prison and Community Program delivered by The Torch
• $0.170m over one year to continue the Prison Support Program delivered by Djirra
• $0.993m over one year to continue the Wadamba Prison to Work Program delivered by Wanyaari
• $0.103m over one year to continue the Baggarrook Aboriginal Women’s Transitional Housing Program delivered in partnership with the Victorian Aboriginal Legal Service and Aboriginal Housing Victoria.

This builds on the $13.7 million and $15.8 million committed in the 2021-22 and 2022-23 Budgets respectively to reduce the over-representation of Aboriginal people in prisons and Community Correctional Services and promote greater Aboriginal self-determination across the justice system.

Wirkara Kulpa Aboriginal Youth Justice Strategy

Wirkara Kulpa, Victoria’s first Aboriginal Youth Justice strategy, has continued efforts to address the overrepresentation of Aboriginal children and young people in Victoria’s youth justice system.

Wirkara Kulpa is a key initiative of Burra Lotjpa Dunguludja – Aboriginal Justice Agreement 4 and the key driver of response to the Commission for Children and Young People's 2022 report 'Our youth, our way: Inquiry into the over‑representation of Aboriginal children and young people in the Victorian youth justice system'.

The 2023-24 Budget provides $50.92m over two years to continue critical initiatives in Youth Justice, including culturally responsive services to support Aboriginal young people in custody.

This funding builds upon the Budget allocation in 2022-23 and 2021-22, which includes:

• $11.14m over two years from the 2022-23 Budget to support diversion initiatives including Aboriginal Youth Justice Hubs
• $5.95m over three years from the 2021-22 Budget to support early intervention family services to keep Aboriginal children aged 14 years and under out of the criminal justice system.

In June 2023, the Aboriginal Justice Caucus (AJC) endorsed a four-phase implementation plan for Wirkara Kulpa, whereby all 75 actions are allocated in order of timely importance according to Aboriginal stakeholders and AJC. In phase one, a suite of funded initiatives and priority projects are currently underway.

Initiatives that have been completed and progressed to business as usual in 2023 include:

• Supporting young Aboriginal people to remain connected to education and training pathways when appearing before the Children’s Courts through the Education Justice Initiative.
• Conducting the Youth Justice Survey to understand the needs of Aboriginal children and young people on an annual basis.
• Improving gender responsive services through the Aboriginal Youth Justice Worker expansion.
• Expanding the Community-Based Aboriginal Justice Worker program to keep Aboriginal children and young people out of the youth justice system by working to their strengths.
• Making sure all young people in custody have access to an Aboriginal Liaison Officer to respond to their cultural needs and proactively support family visits and ongoing connection.
• Work has also progressed on several phase one priority initiatives, including but not limited to:
• Integrating cultural support planning with case management and delivering a cultural plan that can be shared by all agencies working with Aboriginal children and young people.
• Establishing Aboriginal Youth Justice hubs to provide place-based Aboriginal led services to children and young people in the community.
• Supporting Koorie Youth Council to develop a mechanism which amplifies the voices of Aboriginal children and young people in the design and delivery of youth justice services.
• Developing a Wirkara Kulpa Performance Framework that sets Aboriginal-identified justice related targets and accountability measures to improve young people’s outcomes.
• Implementing the Keeping Aboriginal Young People Under 14 Years Out of the Criminal Justice System Project.

Enhanced Model of Health Care for Aboriginal People in Victorian Public Prisons

On 1 July 2023, DJCS introduced a new service model for primary health services in custodial facilities and transitioned to new providers, including public health providers in women’s prisons.

The new service model includes a number of service enhancements to support Aboriginal men and women in custody to improve their health and wellbeing including the introduction of Aboriginal health checks (equivalent to MBS Item 715 health check in community), and a dedicated Aboriginal health workforce. Aboriginal health checks and related integrated care plans are required to consider traditional healing, culturally safe care, connections to family and community, and post release follow up care.

The new service model also strengthens requirements of health providers to provide culturally safe care, through incorporating cultural safety standards into the Quality Framework as well as requirements to engage with local ACCHOs to enhance service delivery and support continuity of care for Aboriginal people leaving custody.

The introduction of Aboriginal health checks is supported by an ACCHO-led learning network to support implementation and focus groups with Aboriginal people in custody.

The enhanced model of care is consistent with AJA4. The strengthened requirements to provide culturally safe and culturally appropriate care for Aboriginal men and women aims to help reduce the risk of reoffending through supporting Aboriginal men and women to improve their health in custody and transition these improvements as they move from custody into community.