A Koori Court is a separate division of the Magistrates',

County A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

and Children's Courts of

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

, Australia. The Koori Court (Magistrates), Children's Koori Court, and County Koori Court hear selected cases, where

Indigenous Australian Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

s have identified as such and requested the case be transferred to it. The first Koori Court was established in

Shepparton Shepparton () ( Yortayorta: ''Kanny-goopna'') is a city located on the floodplain of the Goulburn River in northern Victoria, Australia, approximately north-northeast of Melbourne. As of the 2021 census, the estimated population of Shepparto ...

in 2002. Koori Court aims to reduce

recidivism Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...

by involving Elders, other respected persons in the Aboriginal community, and court advisors to provide information about the background of the defendant, and to advise on culturally appropriate sentences. Koori Court is the only Indigenous sentencing court in an

indictable In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...

jurisdiction in Australia.

Background and history

The word ''

Koori Koori (also spelt koorie, goori or goorie) is a demonym for Aboriginal Australians from a region that approximately corresponds to southern New South Wales and Victoria. The word derives from the Indigenous language Awabakal. For some people ...

'' refers to

Aboriginal Australians Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait ...

from south-east Australia, in the regions now encompassing the

State of Victoria Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state i ...

as well as southern

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

. The Koori Courts were an initiative of the Victorian Aboriginal Justice Agreement (VAJA), a joint partnership strategy between the

Victorian Government The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive, the judicial, and t ...

and the Victorian Koori community developed to reduce Indigenous over-representation in the criminal justice system and to improve justice outcomes for

Aboriginal Victorians Aboriginal Victorians, the Aboriginal Australians of Victoria, Australia, occupied the land for tens of thousands of years prior to European settlement. Aboriginal people have lived a semi-nomadic existence of fishing, hunting and gathering, a ...

. The VAJA was established by the

based on the recommendations of the

Royal Commission into Aboriginal Deaths in Custody The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1987–1991), also known as the Muirhead Commission, was a Royal Commission appointed by the Australian Government in October 1987 to Federal Court judge James Henry Muirhead, ...

in 1991. The courts are modelled on the South Australian

Nunga Court The Nunga Court, also known as Aboriginal Sentencing Court, is a type of specialist community court for sentencing Aboriginal people in South Australia. Such courts exist at several locations throughout the state, as a sentencing option for el ...

, first established in 1999 at

Port Adelaide Port Adelaide is a port-side region of Adelaide, approximately northwest of the Adelaide city centre, Adelaide CBD. It is also the namesake of the City of Port Adelaide Enfield council, a suburb, a federal and state electoral division and is t ...

. Koori Courts were created in order to allow participation of the Aboriginal community and culture in the

Australian legal system The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are sub ...

, in an attempt to bridge the differences between Indigenous customary law and Australia's

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

system. They began operation in 2002, under the Koori Court Division created by the ''Magistrates' Court (Koori Court) Act 2002'' (Vic), with the first one established in

in October 2002, and the second at

Broadmeadows Broadmeadows is a suburb in Melbourne, Victoria, Australia, north of Melbourne's Central Business District, located within the City of Hume local government area. Broadmeadows recorded a population of 12,524 at the 2021 census. Broadmeadow ...

in 2003. The ''Children and Young Persons (Koori Court) Act 2004'' established the Children's Koori Court for

young offender A young offender is a young person who has been convicted or cautioned for a criminal offense. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term "young offender" ...

s in 2005, and the ''County Court Amendment (Koori Court) Act 2008'' established the pilot for the County Koori Court in early 2009. The County Court is the principal trial court in Victoria, and deals with more serious offences than the Magistrates Court.

Operation

The ''Magistrates' Court Act'' states that the objective of the Division is "ensuring greater participation of the Aboriginal community in the sentencing process of the Magistrates' Court through the role to be played in that process by the Aboriginal Elder or respected person and others". Other provisions of the court are covered by the ''Sentencing Act 1991'', and all conventional sentences may be applied, including going to prison. The Koori Court is separate division of the

Magistrates' Court of Victoria The Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria. The court possesses original jurisdiction over summary offences and indictable offences heard summarily, as well as civil claims up to $100,000. It ...

, the

County Court of Victoria The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and ci ...

and the

Children's Court of Victoria The Children's Court of Victoria is a statutory court created in Victoria, Australia. The court deals with criminal offences alleged to be committed by children aged between 10 and 17 and with proceedings concerning children under the age of 17 ...

. The court sessions are held on a designated day in an ordinary courthouse. The laws administered are exactly the same as in any Australian courthouse, but the Koori Courts cannot deal with

family violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for '' intimate partner ...

sexual offence Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are ...

s, and the format of the hearings are different. In Koori Court, the

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

sits at a table, called the bar table, with the offender, solicitors, community Elders, a Koori Court officer, the

prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

, community correction officer, and family members of the offender.

Legalese Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of leg ...

is not allowed; proceedings are less formal than mainstream courts, and spoken in

plain English Plain English (or layman's terms) are groups of words that are to be clear and easy to know. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, ...

Prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

s have personal conversations with the defendant about their circumstances, in order to arrive at the most suitable and culturally appropriate sentence. The Elder or other respected members of the community may advise the magistrate on a culturally appropriate sentence, and/or one which is likely to reduce the likelihood of reoffending. Koori Court is the only Indigenous sentencing court in an

jurisdiction in Australia.

Impact

After a two-year pilot scheme, Koori Courts were successful in reducing

, with a recidivism rate in the

Koori Court of 12.5% and a rate in the

Koori Court of 15.5%, compared to a general rate of 29.41%. They have also being successful in strengthening the role of community elders and family structures.

Locations

there are Koori Courts in: *

Bairnsdale Bairnsdale () ( Ganai: ''Wy-yung'') is a city in East Gippsland, Victoria, Australia in a region traditionally owned by the Tatungalung clan of the Gunaikurnai people. The estimated population of Bairnsdale urban area was 15,411 at Ju ...

* Dandenong *

Geelong Geelong ( ) ( Wathawurrung: ''Djilang''/''Djalang'') is a port city in the south eastern Australian state of Victoria, located at the eastern end of Corio Bay (the smaller western portion of Port Phillip Bay) and the left bank of Barwon ...

* Hamilton * Heidelberg *

Latrobe Valley The Latrobe Valley is an inland geographical district and urban area of the Gippsland region in the state of Victoria, Australia. The traditional owners are the Brayakaulung of the Gunai nation. The district lies east of Melbourne and nes ...

(

Morwell Morwell is a town in the Latrobe Valley area of Gippsland, in South-Eastern Victoria, Australia approximately 152 km (94 mi) east of Melbourne. Morwell has a population of 14,389 people at the . It is both the seat of local governme ...

) *

Melbourne Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metro ...

Mildura Mildura is a regional city in north-west Victoria, Australia. Located on the Victorian side of the Murray River, Mildura had a population of 34,565 in 2021. When nearby Wentworth, Irymple, Nichols Point and Merbein are included, the area h ...

* Portland *

Swan Hill Swan Hill is a city in the northwest of Victoria, Australia on the Murray Valley Highway and on the south bank of the Murray River, downstream from the junction of the Loddon River. At , Swan Hill had a population of 11,508. Indigenous Peo ...

Warrnambool Warrnambool ( Maar: ''Peetoop'' or ''Wheringkernitch'' or ''Warrnambool'') is a city on the south-western coast of Victoria, Australia. At the 2021 census, Warrnambool had a population of 35,743. Situated on the Princes Highway, Warrnambool (A ...

References

External links