Social Justice Report 2004 : SUMMARY SHEET THREE

Social Justice Report 2004

Summary Sheet Three

• Walking with the Women - addressing the needs of Indigenous women exiting prison

• Pre and post-release programs for Indigenous women exiting prison

• Intersectional discrimination - addressing the distinct experiences of Indigenous women

• Common themes from consultations

• Examples of existing policies and programs relating to Indigenous women exiting prison

• Conclusion

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Walking with the Women - addressing the needs of Indigenous women exiting prison

The Social Justice Commissioner's Unit conducted research and consultations during 2003-04 to identify what support programs are available to Indigenous women upon their release from prison. This included accommodation options, counselling and other programs which may assist in reconnecting Indigenous women with their families and communities (p11). The Social Justice Report 2004 provides an overview of these programs and policies.

Pre and post-release programs for Indigenous women exiting prison

The availability of post-release support programs is especially important given the level of disruption that incarceration causes to any person's life (p12). A woman's knowledge of, and ability to, negotiate programs and services once she is released from prison is influenced by the level and quality of pre-release support she has access to while in prison (p13).

Not all women in prison have the same access to pre and post-release programs. Women who have served finite sentences or have been remandees have less access to formal post-release programs when in the community, compared to parolees or women with community-based order obligations (p13).

Intersectional discrimination - addressing the distinct experiences of Indigenous women

One of the main findings of this research is confirmation that an approach which assumes that the needs of Indigenous women will be met through services designed for Indigenous men, or those for women generally, will not work. The lack of attention to the distinct needs of Indigenous women marginalises them and entrenches inequalities in service delivery. It can lead to intersectional discrimination (p20).

Indigenous women are particularly vulnerable to intersectional discrimination within criminal justice processes. This is due to the combination of socio-economic conditions faced by many Indigenous women (p21). The consequences of family violence in Indigenous communities and its impact on Indigenous women, have not been dealt with appropriately by the criminal justice system (p21), and responses to Indigenous over-representation in criminal justice processes over the past decade have been focused on responding (though not in a full or sustained manner) to the findings of the Royal Commission into Aboriginal Deaths in Custody (p22).

Overall, the consultations with Indigenous women revealed that the development of strategies for reducing Indigenous women's over-representation in the criminal justice system must be approached in a different way. Strategies should not be viewed purely as addressing post-release needs, but rather they need to respond to the circumstances of Indigenous women holistically (p22).

Common themes from consultations

• Concern at the lack of communication and coordination between prisons, community corrections, housing providers, government agencies and other community services prior to, and after the release, of an Indigenous woman from prison (p23).
• The limited availability of pre-release support to prepare Indigenous women for their release from prison (p24).
• There is limited attention to post-release needs of Indigenous prisoners (male or female) within the main policy documents for addressing Indigenous over-representation in the criminal justice system (p24).
• Access to appropriate and affordable accommodation and health services critical to reintegration post-release.
• Housing and healing were continually identified as the critical issues to be addressed if a woman exiting prison is to attend to other areas of her life (p25).

Indigenous women, ex-prisoners and service providers emphasised the need for a diversity of housing options to be available: ranging from shorter term, supported, transitional accommodation through to longer term, less supported, stable accommodation (p56).

The issue of healing and wellness was raised as an important issue for Indigenous women exiting prison. Processes for healing were seen as having the potential to increase the health and well-being of Indigenous women, with possible reductions in rates of involvement of Indigenous women in criminal justice processes (p57).

Examples of existing policies and programs relating to Indigenous women exiting prison

The report provides an overview of programs and policies of all governments relating to Indigenous women exiting prison. Notable programs and policies include:

• New South Wales Throughcare Strategic Framework
• Victorian Aboriginal Justice Agreement
• Centrelink's Pre-Release Support Programs for Prisoners
• Western Australian - Community Re-entry Program
• Karinga Hostel - a joint project involving Aboriginal Hostels Limited, Corrections SA and a range of community agencies
• Yulawirri Nurai in New South Wales (pp25-33).

Conclusion

Overall, the report found that there are some ground-breaking approaches being undertaken by some state governments and the community sector. The examples of good practice and innovative initiatives being developed by governments and the community sector need to be encouraged and the experiences shared with other jurisdictions. However, the fact that there are only a handful of initiatives only served to highlight how much more work there is to be done.

In acknowledging the importance of the intra-state relationships between government departments and community organisations, it also follows that there must be a co-ordinated approach at the national level. The Council of Australian Governments (COAG) is perhaps best placed to ensure that national standards and benchmarks for reducing the over-representation of Indigenous women in the criminal justice system specifically, and Indigenous people generally, are developed and implemented (p66).

The chapter makes two recommendations to ensure better coordination of programs at the State and Territory level and to share best practice at the national level, which are outlined in Summary Sheet Four .