Open letter To 22 co-ops 05/06/08

Re: The Proposed Koori County Court Act. 5th June 2008
Firstly Relevent Background
During 1996 we found need to clarify if the Victoria Government had Jurisdiction, the power to make laws for peace order and good government for the Aboriginal people of Victoria. as the Victorian Constitution Act 1975 made no mention at all of the Aboriginal Race.

On the 6th August 1996 the Aboriginal Embassy of Victoria, wrote to Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason., requesting a copy of any act that the Victorian Government power to make Laws for peace, order and good government for the Indigenous people of Victoria

On the 26th August 1996 we received Facsimile from Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason, "I am afraid I am not able to be of assistance to you. I am unaware of any Act which gives the Victorian Government the power to make laws for peace order and good government for indigenous people"

Over the following weeks the Aboriginal Embassy sent copies to all known Aboriginal Organisation in Victoria, requesting them to contact their local member of the Victorian Parliament to obtain a copy any Act that gives the Victoria Government the Jurisdiction power to make laws for the Aboriginal People.

12th June 2002, Considering the legal consequence this caused the Victorian Parliament, and to overcome this very grave situation the legal arm of the Government promoted changes to the Magistrate' Court Act 2002 Act, No. 27/2002 the Purposes of this Act was to establish a Koori Court division of the Magistrates' Court and to provide the jurisdiction and procedure of the Division.(No doubt, endeavoring to maintain power and laws over the Aboriginal race)
Background Ends Here

Referring to the Act Section 6 New section 4d to 4g Before section 5 of the Principal insert-
(1) The Court has a Koori Court Division
(2) The Koori Court Division has such of the power of the court as are necessary to
enable it to exercise its jurisdiction. then to
(4) The Koori Court Division must exercise its jurisdiction with as little formality and
technicality , and with much expedition, as the requirements of this Act and the
Sentencing Act 1991 and the proper consideration of the matters before the court permit
4E. Jurisdiction of Koori Court Division
The Koori Court Division has-
(a) the jurisdiction to deal with a proceeding for an offence given to it by section 4f
(b) jurisdiction to deal with a breach of a sentencing order made by it (including any offence contituted by such a breach) or variation of sentencing order; and
(c) any other jurisdiction given to it by or under this or any other Act

As there is now Seven Koori Courts operating in Victoria (with more to come) each with the given power to exercise the courts Jurisdiction over the Aboriginal race of Victoria, as the courts are independent from Government. There is growing unrest with the Aboriginal community that the Victoria Parliament, the Government is now to far removed from maintaining and protecting our people, it appears the total control is in the hands of members of a private club, Yes, members the Legal profession.

Well meaning and respected members of the Aboriginal community have also been involved in establishing the first Koori court system, their understanding and knowledge of the community needs has been a major factor in establishing a special court for Aboriginal people. However, we note, adult Aboriginal offenders elect to appear before the general court system. some maintaining that they are not Koori's, having no family ties with that Nation.

The present day, we see the Attorney-General Rob Hulls, Department of Justices, the Aboriginal Legal Service and some senior members of the Aboriginal community, promoting the proposed Koori County Court as a benefit to the Aboriginal community, a situation we find very hard to comprehend. It may well be the case of deceitful intent to increase and enhancing the jurisdictional power of the Courts over the Aboriginal people of Victoria. Which at this time the Victorian Government as no proper legislated jurisdiction to make laws for the Aboriginal people of Victoria.

As many years have elapsed and times has changed, our people have learnt and know what is right and what is wrong in today's society and to do so knowingly the risk and penalty that may apply. To suggest Aboriginal’s need Koori Courts, is undermining the intelligence of Aboriginal race of Victoria.

As all offenders must plead guilty before attending the Koori County Court. We feel it would in the best interest of our people if the proposed new Koori County Court, is totally rejected by all concerned.

I thank you

Yours sincerely