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2013

Aboriginal Affairs Taskforce (2013)

Victorian Government Aboriginal affairs report 2012.

Melbourne: Department of Planning and Community Development

Anthony T, Blagg H (2013)

STOP in the name of who's law? Driving and the regulation of contested space in Central Australia.

Social & Legal Studies; 22(1): 43-66

Australian Bureau of Statistics (2013)

Criminal courts, Australia, 2011-12.

Canberra: Australian Bureau of Statistics

Australian Human Rights Commission (2013)

Value of a justice reinvestment approach: Australian Human Rights Commission submission to the Legal and Constitutional Affairs Committee.

Canberra: Australian Human Rights Commission

This report by the Australian Human Rights Commission recommends the adoption of justice reinvestment policy approach. It outlines two main recommendations:

  • the Australian Government, in partnership with state and territory governments, funds justice reinvestment trials in selected Indigenous communities where there is a high level of imprisonment. Pilots should be accompanied by a robust research and evaluation strategy
  • the Australian Government and state and territory governments commit to justice targets as part of the 'closing the gap' strategy.

This report also provides details on:

  • the aims of justice reinvestment
  • the economic and community costs of imprisonment
  • justice reinvestment for Indigenous people and vulnerable groups.

Australian Indigenous HealthInfoNet abstract

Australian Institute of Health and Welfare (2013)

Youth justice in Australia 2011–12: an overview.

Canberra: Australian Institute of Health and Welfare

Ferrante AM (2013)

Assessing the influence of "standard" and "culturally specific" risk factors on the prevalence and frequency of offending: the case of Indigenous Australians.

Race and Justice; 3(1): 58-82

Guthrie J (2013)

Senate inquiry into the value of a justice reinvestment approach to criminal justice in Australia.

Canberra: National Centre for Indigenous Studies

This report was submitted to the Senate Committee on Legal and Constitution Affairs Inquiry into the value of a justice reinvestment approach to criminal justice in Australia on behalf of the National Centre for Indigenous Studies (NCIS) at The Australian National University, the Indigenous Offender Health Research Capacity Building Group, and researchers on an Australian Research Council funded research project. This report provided the following recommendations to the Australian Government:

  • enact uniform Commonwealth and state legislation to establish an Australian Justice Reinvestment Authority that has a mandate to comprehensively implement and evaluate justice reinvestment policy
  • allocate adequate 'start-up' funding to establish the Authority
  • through the Council of Australian Governments (COAG), work with all jurisdictions to determine agreed levels, targets and timeframes by which incarceration levels in each jurisdiction will be reduced
  • through COAG, negotiate the amendment of Commonwealth and state and territory criminal and other relevant laws, to ensure incarceration rates for certain categories of offence are at the very least held static, thereby allowing diversion of saved funds to justice reinvestment initiatives which would be monitored through the Authority.

Abstract adapted from Jill Guthrie

Hudson S (2013)

Panacea to prison? Justice reinvestment in Indigenous communities.

St Leonards, NSW: Centre for Independent Studies

Jeffries S, Bond CEW (2013)

Does a therapeutic court context matter?: The likelihood of imprisonment for Indigenous and non-Indigenous offenders sentenced in problem-solving courts.

International Journal of Law, Crime and Justice; 41(1): 100–114

Jeffries S, Bond CEW (2013)

Gender, indigeneity, and the criminal courts: a narrative exploration of women's sentencing in Western Australia.

Women & Criminal Justice; 23(1): 19-42

National Congress of Australia's First Peoples (2013)

Submission to the Senate Standing Committee on Legal and Constitutional Affairs on the value of a justice reinvestment approach to criminal justice in Australia.

Sydney: National Congress of Australia's First Peoples

National Indigenous Drug and Alcohol Committee (2013)

An economic analysis for Aboriginal and Torres Strait Islander offenders: prison vs residential treatment.

Canberra: Australian National Council on Drugs

This report was commissioned by the National Indigenous Drug and Alcohol Committee to:

  • identify the patterns and prevalence of Indigenous Australians in the prison system
  • outline the impacts and implications of incarceration for Indigenous Australians
  • analyse the costs and benefits of addressing Indigenous problematic substance use with treatment, particularly residential rehabilitation, as compared to prison.

A number of sources of information, including a scan of relevant literature and data repositories and consultations with key stakeholders, were used to inform the analysis.

The report highlights the cost and health benefits of diversionary programs and community residential rehabilitation for Indigenous people who have been convicted of non-violent, substance use related offences.

Australian Indigenous HealthInfoNet abstract

Sentencing Advisory Council (2013)

Comparing sentencing outcomes for Koori and Non-Koori adult offenders in the Magistrates’ Court of Victoria.

Melbourne: Sentencing Advisory Council

Wan W, Moore E, Moffatt S (2013)

The impact of the NSW Young Offenders Act (1997) on the likelihood of a custodial order.

Sydney: NSW Bureau of Crime Statistics and Research

Western Australian Council of Social Service, Western Australian Association for Mental Health, Western Australian Network of Alcohol and other Drug Agencies (2013)

Justice & community safety in Western Australia: a call for efficient investment in effective outcomes.

Perth, WA: Western Australian Council of Social Service

This report outlines offending and justice issues in Western Australia (WA), and recommends a policy shift to 'justice reinvestment', an approach that aims to address the risk factors of crime, crime prevention, and adequate rehabilitation of offenders. This report provides details on:

  • current levels of offending in WA and the economic costs associated with these levels
  • the health and social determinants of offending
  • the role of the community sector
  • barriers to the adoption of a 'justice reinvestment' approach in WA
  • the 'delivering community services in partnership' policy in WA
  • recommendations.

Australian Indigenous HealthInfoNet abstract

Williams MS (2013)

Why are there no adult community courts operating in the Northern Territory of Australia?.

Indigenous Law Bulletin; 8(4): 7-11

2012

Allard T, Chrzanowski A, Stewart A (2012)

Targeting crime prevention to reduce offending: identifying communities that generate chronic and costly offenders.

Canberra: Australian Institute of Criminology

Allard T, Chrzanowski A, Stewart A (2012)

Targeting crime prevention: identifying communities which generate chronic and costly offenders to reduce offending, crime, victimisation and Indigenous over-representation in the criminal justice system.

Canberra: Criminology Research Council

Bartels L (2012)

Sentencing of Indigenous women.

Canberra: Indigenous Justice Clearinghouse

Bond CEW, Jeffries S (2012)

Harsher Sentences? Indigeneity and prison sentence length in Western Australia’s higher courts.

Journal of Sociology; 48(3): 266-286

Jeffries S, Bond CE (2012)

The impact of Indigenous status on adult sentencing: a review of the statistical research literature from the United States, Canada, and Australia.

Journal of Ethnicity in Criminal Justice; 10(3): 223-243

Jeffries S, Bond C (2012)

Indigenous disparity in lower court imprisonment decisions: a study of two Australian jurisdictions, 1998 to 2008.

Canberra: Australian Institute of Criminology

Law Report (2012)

Indefinite detention and mental impairment in NT [podcast].

: Radio National

This podcast was produced by the Law Report program on Radio National. The topic of the podcast is the criminal justice situation in the Northern Territory, in particular custodial supervision orders, legislation which allows some offenders who have an intellectual or mental impairment to be detained indefinitely in prisons. Mark O'Reilly, the principal legal officer at the Central Australian Aboriginal Legal Aid Service, is interviewed in this podcast.

Abstract adapted from Radio National

McCarthy M, Fitzgerald D (2012)

How do we reduce Indigenous incarceration in Australia? [podcast].

: The Wire

This podcast was produced by The Wire, an independent current affairs program broadcast on community radio around Australia. The topic of the podcast is the issue of rising incarceration rates among Indigenous Australians, and possible alternative solutions including preventative programs. The podcast features Neil Gillespie, former head of the Aboriginal Legal Rights Movement, and Peter Collins, head lawyer of Aboriginal Legal Services.

Abstract adapted from The Wire

New South Wales Law Reform Commission (2012)

People with cognitive and mental health impairments in the criminal justice system: diversion.

Sydney: New South Wales Law Reform Commission

Payne J, Gaffney A (2012)

How much crime is drug or alcohol related? Self-reported attributions of police detainees.

Canberra: Australian Institute of Criminology

Pheeney D (2012)

"Do you reckon I'm gunna get bail?": The impact and consequences of New South Wales bail laws on Aboriginal juveniles.

Indigenous Law Bulletin; 7(30): 3-7

Pheeney D (2012)

In defence of the right to silence: an Indigenous perspective.

Indigenous Law Bulletin; 8(3): 3-5

Rourke P, Jones C (2012)

Risk of reconviction among offenders who commence the Blacktown Traffic Offender Program.

Sydney: NSW Bureau of Crime Statistics and Research

Schneller E (2012)

Family violence courts.

Sydney: New South Wales Parliamentary Library

Sullivan KM (2012)

Motivating and maintaining desistance from crime: male Aboriginal serial offenders' experience of 'going good'.

Doctor of Philosophy thesis, Australian National University: Canberra

Taussig I, Jones C (2012)

Penalties and reconviction risk among offenders convicted of drug driving.

Sydney: NSW Bureau of Crime Statistics and Research

Trimboli L (2012)

NSW Court Referral of Eligible Defendants into Treatment (CREDIT) pilot program: an evaluation.

Sydney: NSW Bureau of Crime Statistics and Research

Vivian A, Pries T (2012)

Factors affecting crime rates in Indigenous communities in NSW: Kempsey and Gunnedah.

Sydney: Jumbunna Indigenous House of Learning, University of Technology

This report provides details of qualitative research undertaken to explore Indigenous offending in the communities of Kempsey and Gunnedah in New South Wales. For each community, it provides details about:

  • geography, demographics and history
  • community dynamics, leadership and governance
  • socioeconomic profile and economic participation
  • crime (statistics and perceptions)
  • factors contributing to adult and youth crime
  • crime prevention and responses to the crime rate
  • criminal justice issues
  • services and policies relating to justice.

Australian Indigenous HealthInfoNet abstract

2011

Anthony T (2011)

Sentencing Indigenous riot offenders in a spatial fantasy.

Griffith Law Review; 20(2): 385-420

Australians for Native Title and Reconciliation (2011)

Submission to the House of Representatives Committee on Aboriginal and Torres Strait Islander issues: inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system.

Dulwich Hill, NSW: Australians for Native Title and Reconciliation

Boersig J (2011)

Towards a new framework for sentence : blending Indigenous justice, restorative justice and sentencing practice.

Saarbruken, Germany: Lambert Academic Publishing

Bond C, Jefferies S, Loban H (2011)

Exploring Indigenous and non-Indigenous sentencing in Queensland.

Brisbane: Queensland Department of the Premier and Cabinet

Bond CEW, Jeffries S (2011)

Indigeneity and the judicial decision to imprison: a study of Western Australia's higher courts.

British Journal of Criminology; 51(2): 256-277

Bond CEW, Jeffries S (2011)

Indigeneity and the likelihood of imprisonment in Queensland's adult and children's courts.

Psychiatry, Psychology and Law; 19(2): 169-183

Bond CEW, Jeffries S, Weatherburn D (2011)

How much time? Indigenous status and the sentenced imprisonment term decision in New South Wales.

Australian and New Zealand Journal of Criminology; 44(2): 272-290

Bradford D (2011)

Sentencing snapshot: illicit drug offences involving amphetamines, 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

Commission for Children and Young People and Child Guardian (2011)

Child guardian: consultation report youth justice system.

Brisbane: Commission for Children and Young People and Child Guardian

Cripps K (2011)

Speaking up to the silences: Victorian Koori courts and the complexities of Indigenous family violence.

Indigenous Law Bulletin; 7(26): 31-34

Cuneen C (2011)

Punishment: two decades of penal expansionism and its effects on Indigenous imprisonment.

Australian Indigenous Law Review; 15(1): 8-17

Fleming J, Sarre R (2011)

Policing the NPY lands : the Cross-Border Justice Project.

Australasian Policing; 3(1): 21-23

Grech K (2011)

Sentencing snapshot: motor vehicle theft.

Sydney: NSW Bureau of Crime Statistics and Research

Higgins D (2011)

Protecting children: evolving systems.

Family Matters; 89(2011): 5-10

Holmes J (2011)

Sentencing snapshot: child sexual assault, 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

Judicial Officers Bulletin (2011)

Mentoring Indigenous young people: the Tribal Warrior program.

Judicial Officers Bulletin; 23(1): 5-6

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): 1-27

Marchetti E (2011)

Culture versus gender how the mainstream criminal court system is still getting it wrong.

Indigenous Law Bulletin; 7(26): 27-30

Mitchell L (2011)

Domestic violence in Australia - an overview of the issues.

Canberra: Parliamentary Library

Office of the Children’s Commissioner (2011)

Children’s Commissioner Northern Territory annual report 2010-2011.

Darwin: Office of the Children’s Commissioner

Ringland C (2011)

Sentencing snapshot: break and enter, 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

Ringland C (2011)

Sentencing snapshot: sexual assault, 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

Sanderson J, Mazerolle P, Anderson-Bond T (2011)

Exploring bail and remand experiences for Indigenous Queenslanders.

Brisbane: Griffith University

Skyring F (2011)

Justice: a history of the Aboriginal Legal Service of Western Australia.

Perth: UWA Publishing

Snowball L (2011)

The profile of offenders receiving suspended sentences.

Sydney: NSW Bureau of Crime Statistics and Research

Spiers M, Gilbert R (2011)

Reducing the unintended impact of fines.

Canberra: Indigenous justice clearinghouse

Stubbs J (2011)

Indigenous women in Australian criminal justice: over-represented but rarely acknowledged.

Australian Indigenous Law Review; 15(1): 47-63

Taussig I (2011)

Sentencing snapshot: assault.

Sydney: NSW Bureau of Crime Statistics and Research

Trimboli L (2011)

Sentencing snapshot: drink-driving 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

Weatherburn D (2011)

Sentencing snapshot: robbery, 2009-2010.

Sydney: NSW Bureau of Crime Statistics and Research

2010

Circle sentencing (2010)

Aboriginal Programs Unit

Circle sentencing is an alternative sentencing court for adult Aboriginal offenders, with full sentencing powers of a mainstream court. It is managed by the New South Wales Department of Justice and the Attorney-General. This fact sheet provides general information, including the objectives, outcomes and evaluation of circle sentencing.

Australian Indigenous HealthInfoNet abstract

Beranger B, Weatherburn D, Mofatt S (2010)

Reducing Indigenous contact with the court system.

Sydney: NSW Bureau of Crime Statistics and Research

Bonda CEW, Jeffries S (2010)

Sentencing Indigenous and non-Indigenous women in Western Australia’s higher courts.

Psychiatry, Psychology and Law; 17(1): 70-78

Borowski A (2010)

Evaluating the children’s Koori court of Victoria.

Paper presented at the . 15 March 2010, Griffith, ACT

Borowski A (2010)

Indigenous participation in sentencing young offenders: findings from an evaluation of the Children's Koori Court of Victoria.

Australian and New Zealand Journal of Criminology; 43(3): 465-484

Department of Justice and Attorney General of New South Wales (2010)

New South Wales criminal courts statistics 2009.

Sydney: Department of Justice and Attorney General of New South Wales

Jeffries S, Bond CEW (2010)

Narratives of mitigation: sentencing Indigenous criminal defendants in South Australia's higher courts.

Journal of Sociology; 46(3): 219-237

Marchetti E (2010)

Indigenous sentencing courts and partner violence: perspectives of court practitioners and elders on gender power imbalances during the sentencing hearing.

Australian and New Zealand Journal of Criminology; 43(2): 263-281

Morgan A, Louis E (2010)

Evaluation of the Queensland Murri Court: final report.

Brisbane: Australian Institute of Criminology

Murri courts operates within a Magistrates Court framework but provide for involvement of key Indigenous members of the community, the offender's family, Indigenous community organisations and Community justice groups in the sentencing of Indigenous offenders. This report outlines the findings from the Australian Institute of Criminology's evaluation of the Queensland Murri court. The evaluation examined the Murri court's key objectives including:

  • reducing the overrepresentation of Indigenous offenders in correctional facilities
  • improving rates of court appearance
  • reducing recidivism
  • strengthening partnerships between courts and Indigenous communities

The evaluation found the Murri court to be largely successful in achieving these objectives, especially in strengthening partnerships. Rates of court appearance were found to have improved during the tenre of the Murri court, however there was no perceivable impact upon the rate of recidivism amongst Indigenous offenders.

Australian Indigenous HealthInfoNet abstract

Ringland C, Fitzgerald J (2010)

Factors which influence the sentencing of domestic violence offenders.

Sydney: NSW Bureau of Crime Statistics and Research

Sentencing Advisory Council (2010)

Sentencing in the Koori Court division of the magistrates' court: a statistical report.

Melbourne: Sentencing Advisory Council

Stroud N (2010)

The Koori Court revisited: a review of cultural and language awareness in the administration of justice.

Australian Law Librarian; 18(3): 184-192

Weatherburn D (2010)

The effect of prison on adult re-offending.

Sydney: Lawlink

2009

Cooke M (2009)

Anglo/Aboriginal communication in the criminal justice process: a collective responsibility.

Journal of Judicial Administration; 19(1):

Courts and Tribunals Unit (2009)

Victoria’s Neighbourhood Justice Centre.

Melbourne: Department of Justice, Victoria

Cunneen C, Allison F (2009)

Indigenous bail diversion: program options for Indigenous offenders in Victoria.

Sydney: University of New South Wales

Howe A (2009)

R V Wunungmurra: 'culture' as usual in the courts.

The Australian Feminist Law Journal; 30: 1-7

Jeffries S, Bond C (2009)

Does Indigeneity matter? Sentencing Indigenous offenders in South Australia's Higher Courts.

Australian and New Zealand Journal of Criminology; 42(1): 47-71

Manuell J (2009)

The Fernando principles: the sentencing of Indigenous offenders in NSW.

: Lawlink

Marchetti E (2009)

Indigenous sentencing courts.

Sydney: Indigenous Justice Clearinghouse

NSW Bureau of Crime Statistics and Research (2009)

Why are Indigenous imprisonment rates rising?.

Sydney: NSW Bureau of Crime Statistics and Research

Schwartz M, Cunneen C (2009)

From crisis to crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW.

Indigenous Law Bulletin; 7(15): 18-21

Stobbs N, Mackenzie G (2009)

Evaluating the performance of Indigenous sentencing courts.

Australian Indigenous Law Review; 13(2): 90-105

Storr C (2009)

The Aurukun rape case, Indigenous sentencing and the normalisation of disadvantage.

Australian Indigenous Law Review; 13(1): 107-113

2008

Australian Institute of Health and Welfare (2008)

The effectiveness of the Illicit Drug Diversion Initiative in rural and remote Australia.

Canberra: Australian Institute of Health and Welfare

This study provides quantitative and qualtitative data on the outcomes for people affected by the Illicit Drug Diversion (IDDI) Initiative and the overall change in the community, during the period 2002-06 in 22 IDDI projects. It identifies key issues in drug diversion and assesses the factors contributing to the effectiveness of both Police and Court Diversion Programs. Several issues are highlighted for future improvement of IDDI policies in rural and remote Australia.

Australian Indigenous HealthInfoNet abstract

Cultural and Indigenous Research Centre Australia (2008)

Evaluation of circle sentencing program.

Sydney: Department of Justice and Attorney General NSW

Fitzgerald J (2008)

Does circle sentencing reduce Aboriginal offending?.

Sydney: New South Wales Bureau of Crime Statistics and Research

NSW Bureau of Crime Statistics and Research (2008)

Does a lack of alternatives to custody increase the risk of a prison sentence?.

Sydney: NSW Bureau of Crime Statistics and Research

2007

Snowball L, Weatherburn D (2007)

Does racial bias in sentencing contribute to Indigenous overrepresentation in prison?.

Australian and New Zealand Journal of Criminology; 40(3): 272-290

 
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