The Children's Koori Court

The Koori Court was set up in 2005 because of the large numbers of Koori people in the criminal justice system. The aim in setting up this Court was to create a more culturally appropriate justice process that involves Elders and other respected persons from Community. This was done in the hope of reducing the number of young Koori people being sentenced in detention.

The Koori Court is less formal than the mainstream Children's Court. In the Koori Court, the Community Elder or respected person, the child/young person's family member, the Koori Court Officer or any other person within the courtroom can also have their say with regards to the matter at hand. This is done so the Court can find the best solution to support the child.

The Koori Court aims to:

• Involve the child's family and community to talk about the offences in question
• Make it easier for the child/young person to come to court and have their say
• Make the child/young person think more deeply about their choices to become a more active and positive influence within their community
• Reduce the number of young Koori people going to prison

The Elder or respected person sits beside the Judge or Magistrate when the case is being discussed. Their role is to give cultural advice to the Judge/Magistrate so that they have a better understanding of who the child is and why they are there. The Elder/respected person may also speak with the child about their case and why they are in court. It is not their role to decide what will happen to the child's case; this decision is stillmade by the Judge or Magistrate.

In a mainstream court, the Judge or Magistrate will sit behind a large bench at the front, the lawyers will sit at the bar table and the accused child/young person will sit either in the dock or in the public seating area behind their lawyer.

In the Koori Court things are different; here everyone sits around a large oval table. This is done to encourage the child/young person to speak for themselves and to also have the Elders and respected Community members have their say. This is done to support the child/young person in finding the best solution for their particular situation and to create a less threatening environment.

In the Koori Court, everyone sits around a large oval-shaped table as reflected below:

For a case to be heard in the Children's Koori Court, the child/young person must:

• Be Aboriginal and/or Torres Strait Islander
• Want to have their case heard in the Koori Court
• Not be charged with a sex offence
• Plead guilty or have been found guilty of their offence.

To find out whether a case is able to be heard in the Koori Court, a lawyer or the Children's Koori Court Office should be consulted (see contact details below on this page under the heading 'More Information').

Even though Community Elders and respected persons can have their say in the Koori Court, the final decision is still left with the Judge or Magistrate.

The sentencing options in the Koori Court are the same as those in the Criminal Division. These include:

• Non-accountable undertakings: when a charge is dismissed and the court places certain conditions that the child/young person must follow. This could be not engaging in certain acts or behaviours for a period of time (usually 6 months, sometimes up to 12 months). If the child/young person breaks any of these conditions, the court will not take any further action.
• Accountable undertakings: If the young person breaks any of the conditions set by the court, then the court can order the child/young person to reappear before the court where one of three things may happen:
  1. The set conditions will be cancelled
  2. The set conditions will continue (possibly with some changes)
  3. The order is removed and the court will impose a fine.
• Fines: A sentencing order where the child/young person will need to pay a sum of money. The exact amount that needs to be paid is described in 'penalty units'; this is an amount of money set by Parliament which increases every year. If the young person is under 15, then the maximum fine is 'one penalty unit for one offence' and 'two penalty units for multiple offences'
• Good behaviour bonds: A sentencing order where the child/young person needs to sign a promise of 'good behaviour' and to follow any other conditions set by the court. If the child/young person breaks this promise of good behaviour, then they will need to be re-sentenced. If however they follow the conditions of the signed promise, then the court will dismiss the charge.
• Probation: A sentencing order where the court sets a list of special conditions that the child/young person must follow for a set period of time. Such conditions could include; regularly reporting to a youth justice worker and following their instructions, not reoffending and not leaving Victoria without permission. If the child/young person breaks any of the conditions, this could lead to changes of the original order being made or imposing another sentence with another list of conditions to follow.
• Youth supervision orders: A sentencing order where the child/young person is supervised by a youth justice officer and may be required to follow a list of special conditions or instructions set by the court. The level of supervision is generally more than what is involved with a probation order.
• Youth attendance orders: A sentence given to a young person who is older that 15 years of age and who committed their offence before their 18th birthday. An alternative to a custodial sentence (a form of punishment that involves imprisonment or detention), the young person will need to report to a youth justice unit for up to ten hours per week and participate in some community service work.
• Youth residential centre or youth justice centre: A sentencing order that involves the young person to enter a period of detention; this is considered as a 'last resort' solution. A Youth Residential Centre is for children and young people under the age of 15 at the time of sentencing; the maximum period of detention for a single offence is one year or two years where the young person is convicted of more than one offence on the same day or at the same proceeding. A Youth Justice Centre is for young people aged 15 - 20 years of age. Here the maximum period of detention for a single offence is two years, or three years where the young person is convicted of more than one offence on the same day or at the same proceeding.

The Broadmeadows Koorie Court began operations in 2015. The Court includes the following features:

• 2 courtrooms specifically designed for child protection cases
• Dedicated meeting and interview spaces
• The Cubby House - a secure, child focused waiting room that includes support for children in emergency care delivered in conjunction with the Alannah and Madeline Foundation
• Large public waiting areas that offer a range of spaces providing a sense of privacy and security
• Outdoor children's area and a separate quiet outdoor space for adults.

The Children's Koori Court is currently sitting at:

• Melbourne Children’s Court
  477 Little Lonsdale Street, Melbourne 3000
  Koori Court Officer: (03) 8638 3300
• Mildura Court
  56 Deakin Avenue, Mildura 3500
  Koori Court Officer: (03) 5021 6000
• Warranmbool Court
  218 Koroit St, Warranmbool 3280
  Koori Court Officer: (03) 5564 1111
• Bairnsdale Court
  Nicholson St, Bairnsdale 3875​​​​​​​
  Koori Court Officer: (03) 5152 9222
• Broadmeadows​​​​​​
  Cnr Pearcedale Parade and Dimboola Road
  Broadmeadows 3047
  Koori Court Officer: (03) 9221 8900

Melbourne Children's Court
477 Little Lonsdale Street, Melbourne 3000
Tel: (03) 8638 3300

Mildura Court
56 Deakin Avenue, Mildura 3500
Tel: (03) 5021 6000

Latrobe Valley Law Courts
134 Commercial Road, Morwell 3840
Tel: (03) 5116 5213

Bairnsdale Court
Nicholson Street, Bairnsdale 3875
Tel: (03) 5152 9222

Broadmeadows​​​​​​
Cnr Pearcedale Parade and Dimboola Road
Broadmeadows 3047
Koori Court Officer: (03) 9221 8900

Warrnambool Court (also for sittings at Portland and Hamilton)
218 Koroit Street, Warrnambool 3280
Tel: (03) 5564 1111

Swan Hill Court
121 Curlewis Street, Swan Hill 3585
Tel: (03) 5032 0803

Shepparton Court
14 High Street, Shepparton 3630
Tel: (03) 5821 4633

Information is also available from the Koori Court Unit on telephone (03) 9032 0942.