Tuesday, July 29, 2008

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1991 The Royal Commission into Aboriginal Deaths in Custody (1991) recommended that the legal system be modified. As to give Aboriginals communities as living in remote arrears who’s life style, culture and laws, alienating them from fully understanding of english language, reading and the technical legal language use in the legal system.

1996 The Aboriginal Embassy of Victoria (AEV) wrote to all known Aboriginal organisation in Victoria, to bring to the attention of the Aboriginal Elders, members of their community, that doubt over the Victoria Government power to make laws for peace order and good Government for the Indigenous people of Victoria. Confirmed by Scrutiny of Acts and Regulations Committee E.O. Helen M Mason on 26 August 1996.

2000. The Department of Justice and others in a joint initiative between Department of Justice, Department of Human Services, the Victoria Aboriginal Justice Advisory Committee Victorian with the Koori (Aboriginal) community, launched the Victorian Aboriginal Justice Agreement: Phase 1 (AJA) , It’s purpose to build infrastructure that hoped it would assist in reducing Indigenous over-representation in the criminal system.

2002 The Koori Court was established under the Magistrates Court (Koori Court) Act 2002,
(being based on the report of the Royal Commission into Aboriginal Deaths in Custody (1991) and the Bringing Them Home Report.) Subsequently been incorporated into the magistrates Court Act 1989 (the Act), However this raised grave concerns that the power to protect the people was being to far removed from the peoples elected Parliament

2004 the AJA was reviewed and in a joint initiative between Department of Justice, Department of Human Services, Victoria Aboriginal Justice Advisory Committee, and Aboriginal Legal Service, recommend that they renew the commitment to the agreement. Resulting in the development of the Victorian Aboriginal Justice Agreement Phase 2 (AJA2)

2006 June Victorian Aboriginal Justice Agreement Phase 2 (AJA2) came into being, to build upon the solid foundations of the AJA. The AJA2 outlines six strategies, (a) Increasing the number of Koori Courts (b) Establishing Local Justice Action Committees (LAJAC) It role and responsibility is to "promote the principles and protocols of the Victorian Justice Agreement (AJA)" " identify barriers and solutions to improve Justice outcomes for the Koori community and the development of a strategic Justice plan.( as well as other issues)

The Regional Aboriginal Justice Advisory Committee (RAJAC) is an initiative of the Victorian Aboriginal Justice Agreement and is based on Recommendation 2 of the Final Report of the Royal Commission into Aboriginal Deaths in Custody, Funded by the Department for Justice, Each RAJACs (seven in all) Membership of RAJAC is voluntary, However each region is assisted by a paid Executive Officer.

2008 April 24 Deputy Premier and Attorney-General Rob Hulls has launched an initiative that will support Koori offenders to complete their community-based orders. The program is an initiative of the Aboriginal Justice Agreement The State Government had allocated $2.1 million to operate the program in the 10 locations Towns and cities were chosen based on the daily average number of Koori offenders reporting to Community Corrections Services offices in each regions

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2008 June 25, "The pilot of Victoria’s first County Koori Court will be located at the Latrobe Valley Court complex in Morwell, Deputy Premier and Attorney-General Rob Hulls announced today" "This decision was made in partnership with the Victorian Koori community and representatives from the justice system, including the County Court". The pilot of the County Koori Court is part of the $40.7 million State Budget package aimed at closing the gap for Indigenous Victorians. The County Koori Court’s jurisdiction will be the same as the County Court’s.

Summary

The overall reason for changes are based on The Royal Commission into Aboriginal Deaths in Custody (1991), which had little, if any, effect on the Victorian Aboriginal community, although it is very comforting to see and read that The Victorian Aboriginal Justice Advisory Committee (AJAC) is deeply concerned about the issues raised in that Report.

The Victorian Aboriginal Justice Advisory Committee (AJAC) is the Government primary source of advice from, on justice related issues. It may pay to note "The Victoria Government has no proper legislated power to make laws for peace order and good Government for the Indigenous people of Victoria". It is unknown by this writer, at this time, if AJAC advised the Government of this relevant Justice issue. if not Why Not!

Considering the years already elapsed, it appears that nothing has been submitted by AJAC to reduce the Aboriginal people coming in contact with the criminal system of Victoria, even though AJAC has been aware of a very simple solution, being the positive and most likely way to reduce the number of Aboriginal offenders appear before the Courts, Yet nothing worthwhile has been achieved.

Many Victorian Aboriginals’ feel that the establishment of Koori Magistrates’ Courts and the Koori County Courts, is undermining the intelligence of Aboriginal race of Victoria. Citing That we know what is right and what is wrong in todays society, and do our best to teach our children these principles, and make them aware the risks penalty that may apply.

Their is growing concern within our community that the about the power, influence and control that the legal professions holds over Aboriginal organisation which receives Government funding. It is appreciated that AJAC in joint initiative between Department of Justice, and the Courts, instigated The Koori Magistrates Court and now The Koori County Court. Which will cost around $60 Million.

May 8th 2008 The AEV request the Duputy Chief Magistrate, Ms. Jelena Popovic for the details of crimes committed and number of Aborigine's that have gone through the state Koori magistrates courts since it inceptions. Duputy Chief Magistrate, confirmed she had requested Mr.Mason Atkinson Manger of Koori Courts, to address the matter. This may be the one reason for the delay in response. When this information is obtained it will give us all a better and more clear understanding of the overall intention of Koori Court system.

Contemplating, that the Victorian Parliament has no legislated jurisdiction to make laws for the Aboriginal people of Victoria. It would be within reason to assume that the new Koori Courts System may be used (underhandedly) to achieve the required jurisdiction. Precaution!

Les McDonald, Chief Lore Officer,. Aboriginal Embassy Victoria.