Koori Courts
Source: Rule of Law.
A Koori Court, a separate division of the Magistrates’, County, and Children’s Courts of Victoria in Australia, is dedicated to hearing selected cases involving Indigenous Australians, upon their request. First established in Shepparton in 2002, the Koori court is aimed at reducing recidivism by involving Indigenous Elders and other respected persons in the Aboriginal community, alongside court advisors to provide both information on the background of the defendant and to offer insights on culturally appropriate sentences. The Koori Court has the distinction of being the only Indigenous sentencing court in an indictable jurisdiction in Australia.
The word “Koori” means Aboriginal Australians from South-East Australia in Victoria and Southern New South Wales (Harding, 1993). The Koori Courts were set up by the Victorian Aboriginal Justice Agreement (VAJA), which was a joint partnership initiative between the Victorian Government and the Victorian Koori community, primarily with the aim of reducing the overrepresentation of Indigenous peoples in the criminal justice system, and to enhance the justice outcomes for Aboriginal individuals in the region (Marchetti & Daly, 2004). The Royal Commission into Aboriginal Deaths in Custody offered its recommendations in 1991, and the VAJA was set up to action these recommendations (McAsey, 2005). Accordingly, drawing on the lessons learned from the Nunga Courts, the Koori Courts were set up (Marchetti & Daly, 2004). A part of their work sought to also bridge gaps between Indigenous customary law and Australian common law (Larsen & Milnes, 2011). The courts began operations in 2002, starting with Shepparton, followed by a second court in Broadmeadows in 2003 (Marchetti & Daly, 2004). Following this, the Children and Young Persons (Koori Court) Act of 2004 established the Children’s Koori Court for young offenders in 2005 – and the pilot for the County Koori Court was established in early 2009 after the County Court Amendment (Koori Court) Act of 2008 was passed. The County Court remains the principal trial court in Victoria, and deals with more serious offences in comparison with the Magistrates Court.
The court sessions typically take place on a designated day within an ordinary court house. The laws administered are the same as those in any other Australian courthouse. The only exception is that the Koori Courts cannot deal with family violence and sexual offences, and the format of the hearings are different (Dahlstrom, n.d.). During the sessions, a magistrate or judge sits at a table, known as the bar table, along with the offender, solicitors, community elders, a Koori Court officer, the prosecutor, community correction officer, and family members of the offender (Taha & Clarke, 2014; Ryan, 2018).
Legal jargon is not allowed. The proceedings are more informal in comparison with mainstream courts, and plain English is used. Prosecutors are free to discuss the defendants’ circumstances with them, and to define suitable and culturally appropriate sentences. Elders and other respected members of the community are welcome to advise the magistrate on the most culturally appropriate sentence that is compassionate and likely to reduce the likelihood of reoffending. The Koori Courts have been successful in reducing recidivism and strengthening the role of community elders and family structures.
References
1. Harding, J. (1993). “Koori.” Children Australia. 18 (1): 19.
2. Marchetti, E. & Daly, K. (2004). "Indigenous Courts and Justice Practices in Australia". Trends and Issues in Crime and Criminal Justice (277): 1–6.
3. McAsey, B. (2005). "A Critical Evaluation of the Koori Court Division of the Victorian Magistrates' Court". Deakin Law Review. 10 (2): 654.
4. Larsen, A.-C., & Milnes, P. (2011). "A cautionary note on therapeutic jurisprudence for Aboriginal offenders". ELaw Journal: Murdoch University Electronic Journal of Law. 18 (1). Murdoch University: 1–27.
5. Dahlstrom, F. (n.d.) "Koori Court (Vic)". Armstong Legal. https://www.armstronglegal.com.au/criminal-law/vic/court-processes/koori-court/
6. Ryan, H. (2018). "Aboriginal people will be able to access Koori Court more easily after a Supreme Court win".
7. Taha, M. & Clarke, A. (2014). "NSW's first Koori Youth Court to target Indigenous imprisonment rates in western Sydney trial". http://www.abc.net.au/news/2014-11-13/koori-youth-court-to-target-indigenous-imprisonment-rates/5889720
