Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
emphasis is on the prevention of crime and violence occurring in the first
place.
38.
To achieve this, the Commission has identified as urgent priorities adopting
justice reinvestment programs as well as justice targets and benchmarks.
39.
Justice reinvestment has been proposed as a mechanism to address the
disproportionate incarceration of Aboriginal and Torres Strait Islander peoples
as it looks beyond offenders, to the needs of victims and communities.19
Justice reinvestment diverts a portion of the funds for imprisonment to local
communities where there is a high concentration of offenders. The money that
would have been spent on imprisonment is reinvested into services that
address the underlying causes of crime in these communities, such as
parenting programs, early education and care, youth mentoring, numeracy
and literacy programs, training and employment pathways.
40.
The Senate Legal and Constitutional Affairs Committee, has recommended
that the Australian Government should support justice reinvestment trials.20 In
particular, the Senate Committee recommended that any trial actively involve
communities in the process, be conducted on the basis of rigorous justice
mapping (the identification of place-based communities and of existing
services and gaps in services required to reduce crime) over a minimum time
frame beyond the electoral cycle and be subject to a robust evaluation
process.21
41.
At a state level, the Victorian Equal Opportunity and Human Rights
Commission completed research in 2013 which confirmed the compelling
need for a more comprehensive and effective approach to reducing the
increasing incarceration of Koori women, noting that 80 per cent of Koori
women in Victorian prisons are mothers.22 Accordingly, preventative and
diversionary responses must be tailored to the particular needs and
circumstances of these women. Work is underway on a Koori Women’s
Diversion Project in that jurisdiction.
42.
The Commission welcomed the inclusion of the development of diversionary
options for Koori women as an action item under the Victorian Aboriginal
Justice Agreement 3 (AJA3) and the re-affirmation of this commitment by the
Victorian Government in 2012.23 A residential diversion facility remains the
highest priority for the Koori Caucus of the Aboriginal Justice Forum,
Victoria.24
43.
The Commission has for a long period recommended that justice targets be
included in the Government’s existing Closing the Gap targets.
44.
The Closing the Gap targets set long term and short term goals to improve
outcomes for Aboriginal and Torres Strait Islander peoples in relation to
health, education and other indicators of well-being. They form the basis for
inter-governmental cooperation and funding, and are reported on annually to
the Australian people through a report to Parliament by the Prime Minister at
the beginning of each parliamentary year.
14