The Koori Court celebrated 20 years of operation on Friday, October 7, with a ceremony in Shepparton.
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Victoria’s first Koori Court was established at Shepparton Magistrates’ Court in 2002 as an initiative of the Victorian Aboriginal Justice Agreement.
It now operates at 15 Magistrates’ Court locations, as well as in the Children’s Court and County Court.
In the Koori Court, a magistrate and two First Nations Elders or respected persons sit around an oval table with the accused and support people, their lawyer, the prosecution and a Koori Court officer.
All parties take part in a sentencing conversation that explores the underlying reasons for a participant’s offending and provides a culturally safe space to discuss issues such as intergenerational trauma.
Elders and respected persons provide cultural advice to assist the magistrate in sentencing that will help the participant to make positive changes to reduce the likelihood of re-offending.
In the past 20 years, 3200 participants have had their matters finalised in the Magistrates’ Court’s Koori Court.
Elders Aunty Rochelle Patten and Uncle Robert (Bobby) Nicholls unveiled a plaque at the Shepparton ceremony recognising 20 years of the court.
Aunty Rochelle has been involved as an Elder at the Koori Court in Shepparton since it started.
“I didn’t think I’d last this long, but I did,” she said.
Aunty Rochelle spoke of moving moments she had experienced in the court, including with one man who had not spoken to his sister in five years but she came and supported him in court, and another where she received a letter from an accused’s person’s mother, who was very grateful for the Koori Court.
Koori Justice supervising magistrate Rose Falla was pleased to be able to recognise the birthplace of the Koori Court in Victoria with Friday’s celebrations.
She said the Koori Court was self-determination in action.
“This is just what we need to provide better outcomes for people,” Ms Falla said.
“Our Elders and respected persons are the jewels in the crown of the Koori Court, helping those who come before it to reconnect to country, cultural practices and the spiritual aspect of our culture.”
“This is integral to helping participants begin a journey of healing, to turn things around and make a positive impact.”
Ms Falla said the same sentencing options for the Magistrates’ Court were available in the Koori Court, but Koori Court was a more culturally appropriate way for matters to be dealt with — with defendants choosing to speak for themselves rather than have a lawyer speak for them.
Chief magistrate Lisa Hannan said improving access to culturally appropriate justice and outcomes for the First Nations community was a journey that continued.
“What started in Shepparton as a seed has become a large tree,” Justice Hannan said.
“Twenty years from now, I hope that we have Koori Courts at every one of our locations throughout the state for one simple reason: Koori Courts work.”
Justice Hannan said much of the success of the Koori Court came down to the power of sentencing conversations.
“The Elders (and respected persons) convey wisdom, knowledge, culture and connection to Country,” she said.
“I’m incredibly proud the Magistrates’ Court has been able to support the Koori Courts over the past 20 years.”
“It (Koori Court) reduces re-offending, and when re-offending does occur, it’s likely to be of a less serious nature.”
Koori Court unit manager Joanne Atkinson said the anniversary and the court’s expansion across the state were significant achievements.
“It is testimony to the vision and hard work of the courts and community leaders who champion the creation of Koori Courts,” she said.
Senior Journalist