Diversion

9.35     Stakeholders consulted to date have stressed that diversion initiatives and responses to Aboriginal and Torres Strait Islander female offending and incarceration must be underpinned by the demonstrated strengths of Aboriginal and Torres Strait Islander women as a group. Diversion programs might involve ‘treatment, healing, family support, education and training programs that target the root causes of offending’ as well as ‘restorative justice processes … that aim to directly engage the offender with the consequences of their offending and repairing the harm’.^[73]

9.36     The Australasian Institute of Judicial Administration has observed that diversion initiatives and programs that are effective for non-Indigenous women or Aboriginal and Torres Strait Islander men may be ineffective or even detrimental to Aboriginal and Torres Strait Islander women.^[74] Despite the lack of evidence generally in terms of ‘what works’ in relation to Aboriginal and Torres Strait Islander women in terms of reducing and mitigating the effects of criminal justice system contact,^[75] some key principles have been identified. Diversion programs for Aboriginal and Torres Strait Islander female offenders should:

• be culturally and gender specific;
• draw on community knowledge in their design and delivery;
• recognise the significant role of Aboriginal and Torres Strait Islander women in family and community life;
• ensure Aboriginal and Torres Strait Islander women ‘have a stable base—especially in regards to safe and secure housing’;
• allow Aboriginal and Torres Strait Islander women ‘to be with their children and support families to rebuild;
• deal with experiences of violence, trauma and victimisation—and secondary consequences of these;
• promote and strengthen connection to culture;
• support Aboriginal and Torres Strait Islander women to navigate the complex and fragmented service system; and
• use a wrap-around approach, providing life skills, parenting skills, mental health services, drug and alcohol support and disability support, as required.^[76]

Barriers to effective diversion of Aboriginal and Torres Strait Islander women

9.37     Where Aboriginal and Torres Strait Islander specific programs do exist, the ALRC has heard that they are commonly offered only to Aboriginal and Torres Strait Islander men and exclude Aboriginal and Torres Strait Islander women, in part due to the much greater total volume of male prisoners. Systemic barriers specific to Aboriginal and Torres Strait Islander women include:

• lower rates of admission to police—because diversion options often require an admission of wrongdoing;^[77]
• demand for diversionary initiatives often exceeding supply—particularly in relation to court-based diversionary options;^[78]
• high rates of homelessness and lack of stable housing, compounded by family violence—making it difficult to engage with court and other community-based diversionary initiatives;^[79]
• the likelihood that Aboriginal and Torres Strait Islander women have criminal records than their non-Indigenous counterparts, or be facing multiple charges—making them often ineligible for diversionary options that may exist;
• higher rates of substance abuse and mental health issues—which can make their circumstances too complex for existing diversionary options with strict eligibility criteria; and
• high rates of remand and short sentences, making them ineligible for any programs that may aid in reducing recidivism.^[80]