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
Tuesday, July 29, 2008
koori court page 2
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.
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.
Thursday, June 5, 2008
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
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
Sunday, May 25, 2008
Consideration to the proposed Koori County Court,
There is growing concerns surrounding the Magistrates' Court (Koori Court) Act 2002
Act No. 27/2002, as the courts are independent of Government, and not legislated by laws of the Victorian Government a point that must be clarified before any further commitment are made to The Koori County Court,
Act No. 27/2002, as the courts are independent of Government, and not legislated by laws of the Victorian Government a point that must be clarified before any further commitment are made to The Koori County Court,
Open Letter to VAJAC
Elder Portland 3305 26th May 2008
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Open Letter Q.1Jurisdiction 26/05/08
Morwell Elder 3840 Vic. Plus portland Elder 26th May 2008
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Saturday, May 24, 2008
Elder Portland 3305 22 April 2008
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
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