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100
Recruit and train Aboriginal people to work in courts
That governments should take more positive steps to recruit and train Aboriginal people as court staff and interpreters in locations where significant numbers of Aboriginal people appear before the courts.
Sine the establishment of Koori Courts under the Aboriginal Justice Agreement in 2002, and expansion of these courts across the Magistrate’s, Children’s and County Court systems, Aboriginal employment has increased. This occurred through the creation of Koori Court officer and liaison and engagement roles, as well as sessional employment of Koori Court Elders and Respected Persons.
Aboriginal Justice Caucus Assessment
Recommendation 100 intended for governments to proactively recruit and train Aboriginal people in roles across the courts system.
Sine the establishment of Koori Courts under the Aboriginal Justice Agreement in 2002, and expansion of these courts across the Magistrate’s, Children’s and County Court systems, Aboriginal employment has increased. This occurred through the creation of Koori Court officer and liaison and engagement roles, as well as sessional employment of Koori Court Elders and Respected Persons.
Over time, Aboriginal employment has also increased across the Victims of Crime Tribunal, the Victorian Civil and Administrative Tribunal and administrative roles in Court Services Victoria (CSV). However, coronial findings have noted there are no Aboriginal staff in some key roles and AJA commitments to increasing the number of Aboriginal employees in the Court Integrated Services Program have not been met.
The CSV Koori Employment Plan aims to promote employment of Aboriginal staff in non-identified and designated roles and sets an Aboriginal employment target of 3 percent. By June 2024, CSV had 79 full-time equivalent Aboriginal staff, accounting for 2.7 per cent of all employees. Including the 105 Elders and Respected Persons employed on a sessional basis across Koori Courts, the Aboriginal employment rate was over five percent.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Implement coronial recommendations
That the Magistrates Court of Victoria ensure that the Court Integrated Services Program (CISP) is staffed whenever the court is open, including throughout Bail and Remand Court sessions. (2023 VN 13)
The Magistrates’ Court of Victoria should employ sufficient Aboriginal or Torres Strait Islander staff in roles (however described) within the court to provide assistance to and, where necessary, advocacy for, Aboriginal and Torres Strait Islander court users including people remanded in custody, and develop and implement:
- a process by which the Position Description for these roles is led by Aboriginal and Torres Strait Islander people with relevant expertise, in consultation with stakeholders including the end users of the service provided; and
- robust processes to ensure timely notification of Aboriginal and Torres Strait Islander staff about the presence at court of any Aboriginal and Torres Strait Islander people, including people in custody, who may benefit from their assistance. (2023 VN 14)
Increase Aboriginal representation in CISP workforce
Ensure Aboriginal representation in the CISP workforce reflects Aboriginal representation among CISP clients (this was an AJA4 action for future consideration).
Increase Aboriginal staff in the Coroners Court
Increase Aboriginal staff in the Coroners Court to enhance support to bereaved Aboriginal families.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found that many Aboriginal people view the justice system as prejudiced and insensitive to their cultural values and traditions. Aboriginal communities across Australia have advocated for increased participation in court processes, and court authorities have recognised the advantages of employing Aboriginal staff. Nevertheless, the Commission determined that far more substantial action was required to proactively recruit and properly train Aboriginal people for these positions.
Actions Taken Since Last Review
Court Services Victoria
Under the Aboriginal Justice Agreement, there has been continued expansion of Children’s, Magistrates’ and County Koori Courts across the state, Marram Ngala-Ganbu began operating from an additional location, and there have been efforts to increase the numbers of Aboriginal staff in the Coroners Court, Victims of Crime Assistance Tribunal, Victorian Civil Administrative Tribunal (VCAT) and the Courts Integrated Services Program. These initiatives have all contributed to increasing the number of designated and identified Aboriginal roles across the Courts Group.
The inaugural Court Services Victoria (CSV) Koori Employment Plan was introduced in 2016, shortly after CSV was established, to strengthen cultural awareness and increase Aboriginal employment. Its implementation led to a significant rise in Aboriginal staff across Victorian courts and VCAT, surpassing the two per cent employment target.
Building on this progress, the 2021–25 Koori Employment Plan set a new target of three per cent Aboriginal employment, while also focusing on improving cultural safety in the workplace and supporting the broader principles of self-determination. By May 2022, 2.5 percent of staff were Aboriginal. The Koori Employment Plan seeks to improve attraction and recruitment of Aboriginal staff, provide training opportunities to support career progression, ensure appropriate networks and services are available, and increase employment pathways for Aboriginal people. The Koori Employment Plan requires each court jurisdiction, when recruiting to designated positions, to seek the advice, support and coordination of the CSV Koori Employment Consultant.
Yaanadhan Manamith Yirramboi, the CSV Self-determination Plan supports delivery of the Koori Employment Plan and its target by improving cultural safety across the organisation and enhancing support for Aboriginal staff.
Impact
Outputs
Courts Koori Committee
The Courts Koori Committee leads and guides implementation of CSV’s Self-determination Plan. It ensures consultation with the Aboriginal Community, advises the Courts Council on culturally inclusive infrastructure, and advocates for the design and delivery of Aboriginal justice initiatives across CSV venues.
Dhumba Murmuk Djerring
As a coordinating mechanism that is part of CSV, the Dhumba Murmuk Djerring Unit supports all jurisdictions with policies and tools to deliver appropriate services to the Aboriginal Community.
Koori Employment Plans
These plans aimed to improve and provide pathways for the attraction, recruitment and retention of Aboriginal staff across the Courts Group.
Court Services Victoria Annual Reports
These reports detail CSV’s progress against their 2020-25 Strategic Plan and commitments to excellence in people, processes, places and infrastructure.
Outcomes
Data presented to the Aboriginal Justice Forum (AJF 58, March 2021) showed:
- Numbers of Elders and Respected Persons and Aboriginal staff were increasing over time.
- Most Aboriginal staff were employed in the Magistrate’s Court of Victoria. Koori Court Officers and/or Koori Engagement Officers were employed at Magistrates’ Court venues with a Koori Court, and Koori Liaison Officers were employed in some locations without Koori Courts.
- Koori men’s and women’s family violence practitioners employed under Umalek Balit were included in these numbers as were Aboriginal staff working in the Neighbourhood Justice Centre and therapeutic courts like the Drug Court and Assessment and Referral Court.
Court Services Victoria Annual Report 2023-24
CSV recognises that a strong Koori workforce is crucial to delivering culturally appropriate justice outcomes and services.
By June 2024, CSV had 79 full-time equivalent Aboriginal staff, accounting for 2.7 per cent of all employees. Including 105 Elders and Respected Persons employed on a sessional basis, the Aboriginal employment rate was more than five percent.
Community Views
Courts Koori Elders Caucus
The Self-determination Plan demonstrates that the courts have come a long way since the establishment of the Koori Court in 2002. It also outlines the important commitments of Court Services Victoria that ensure progressive steps towards greater cultural awareness and improved cultural safety for not only the Koori staff, but also for our Community accessing the services.
The development of the Courts Koori Committee in 2017 is one such example of where Community can now come together with judiciary to discuss and progress Koori matters and address justice inequity.
It is important that this extends to the day to day business of courts, ensuring our Koori workforce is part of, and leading the discussions as it relates to Koori Justice in a court setting. It is equally important that conversations can happen in regions with Elders and stakeholders to ensure local issues are raised and addressed with the appropriate local response. This is an important step to empowering local Communities to address and self-manage justice responses.
(Aunty Pam Pederson, Aunty Fay Muir, Uncle Rod Jackson, Aunty Jacqui Stewart)