Summary

11.1     The Terms of Reference to this Inquiry ask the ALRC to have regard to Aboriginal and Torres Strait Islander women and their rate of incarceration. This chapter contextualises Aboriginal and Torres Strait Islander female offending within experiences of intergenerational trauma, including family and sexual violence, child removal, mental illness and disability and poverty.

11.2     Strategies that aim to address the offending of Aboriginal and Torres Strait Islander women must take a trauma-informed and culturally appropriate approach. These strategies must be responsive to the numerous reasons why Aboriginal and Torres Strait Islander women become involved in the criminal justice system and the multiple layers of disadvantage they face.

11.3     Aboriginal and Torres Strait Islander women constitute a fast growing group in prison populations, yet the historically low numbers of female Aboriginal and Torres Strait Islander offenders—and misunderstandings of their criminogenic needs—has meant that few appropriately-designed criminal justice responses are available.

11.4     This chapter briefly reviews some of the alternatives to incarceration, including holistic, trauma-informed diversion programs for Aboriginal or Torres Strait Islander women who have experienced deep and intergenerational trauma. To minimise reoffending and to help Aboriginal and Torres Strait Islander women out of the criminal justice system, it is critical that criminal justice responses are not only trauma-informed and culturally appropriate but are developed with and delivered by Aboriginal and Torres Strait Islander women.

11.5     Female Aboriginal and Torres Strait Islander offenders are likely to have been victims, often of family violence. In this chapter the ALRC makes recommendations to enhance police responses to family violence in Aboriginal and Torres Strait Islander communities.