The stunning Bendigo Law Courts Development will open its doors later this month bringing a Koori Court to the region for the first time.
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The Bendigo Magistrates' Court is recruiting First Nations Elders and respected persons for this new Koori Court, with doors to the legal precinct set to open on Monday, February 27.
The Bendigo Law Courts buildings are already iconic decorated by Racquel Kerr's stunning copper artwork representing the Dja Dja Wurrung's ancestral creator being Bunjil.
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She said the court process could still be intimidating for Aboriginal people however and for that reason the Koori Court was a vital service.
"Bundled in Bunjil's wings" for culturally safe process
"It's a really beautiful space to be in but nevertheless there is still an anxiety about coming forth," she said.
"That's where being met by the Koori Court officer allays those concerns by explaining what the process is going to be and who is going to speak when and when they are expected to speak up."
Magistrate Falla said the Aboriginal Justice Caucus and the Aboriginal Justice Forum have worked with court to identify the locations that are most in need of Koori Courts, looking into population numbers and the number of cases coming to court.
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"Bendigo has always been on the radar, but it's not always been able to easily accommodate another court in what was traditionally quite a small building," she said.
"So when there was discussion about the redevelopment of the courthouse, it was an absolute given that there'd be a Koori Court there.
"We're really enormously pleased that it's happening and can't wait to get it up and running."
Integral role helping First Nations people
Koori Court Elders and respected persons play an integral role in helping participants begin a journey of healing and positive behaviour change as they support the delivery of culturally appropriate justice.
Under the model, a magistrate and two Koori Elders or respected persons sit around an oval Koori Court table with the participant and their support people, their lawyer, the prosecutor and a Koori Court officer.
Koori Court Elder and Mutthi Mutthi and Wamba Wamba woman Aunty Vicki Clark OAM said her work in Swan Hill to help people turn theirs lives around had been incredibly rewarding.
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"Having Aboriginal art, having Aboriginal names in places like the Bendigo Court has really given a great sense of connection not only to First Peoples but to everybody that comes in because they know we're now telling the story that Aboriginal people have been here a long time," Ms Clark said.
"My role is really to advise the magistrates on some of the cultural aspects of particular people who come before us, the cultural landscape in the community as well, the family connections that many of them may have.
"Our role is also to create a deeper cultural understanding for our magistrates when he or she is making those decisions."
Koori Court helps reduce reoffending
Elders and respected persons provide cultural advice to assist the magistrate to make a culturally informed sentencing decision that will contribute to the participant making positive changes and reduce their likelihood of reoffending.
They also facilitate a cultural conversation which assists participants to acknowledge the underlying reasons for their offending and its impact on their community while providing a culturally safe space to discuss issues such as intergenerational trauma.
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For Ms Clark, intergenerational trauma is "like a deep, deep wound" which gets worse if left untreated.
"Sometimes those wounds could also be inherited because of how deeply embedded it is into the psyche, and into (a person's) day to day work," she said.
"The best way (to change that) is to make that person spiritually strong and if you can make that person spiritually strong, they start to speak differently, they start to act differently."
Ms Clark said she had run into people down the street after coming across them in the Koori Court.
"I've seen remarkable change and I felt so proud of them," she said.
"When they walk out the door, I feel that many of those who have sat in front of me have had their spirit lifted."
Elders urged to put hand up for role
While Ms Clark was initially hesitant to step forward for this role she said she felt she had made a difference and encouraged others to be a part of the "life-changing" process.
Magistrate Rose Falla said Elders and respected persons play a crucial role in the Koori Court's delivery of culturally appropriate justice.
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"It's the Elders and Respected Persons who inject the culture and values of our community into the court proceedings and contribute to ensuring the process is culturally safe," she said.
"They encourage self-determination and drive better outcomes for our people.
"We as magistrates, and also me personally as an Aboriginal woman, continue to learn day after day from the Elders with whom we sit.
"You pick up so many gems, little pieces of knowledge that can be lifelong lessons so I'm enormously grateful for the ability to work with all the elders and respected persons and Koori Court officers that we have, and it helps in helping people create their own path to healing."
That healing process may be complex with a large majority of people coming to court with some form of trauma.
Healing trauma through the process
"Whether it's childhood trauma, or intergenerational trauma, or the trauma of a recent experience," Magistrate Falla said.
"What we find certainly at the Koori Court is that often because of the impact of colonisation, impact of past policies, the children who are now adults have not always had the opportunity of being raised in a situation where they are in a family home, or where they have positive role modeling behaviour that has led to some exposure to some violence or drug or alcohol use.
"The elders are the crucial element (to the recovery) for their knowledge, their understanding, their cultural knowledge of protocols, the emphasis on the law and lore that we all live by as Aboriginal people."
Koori Court manager Joanne Atkinson said Elders and respected persons' most significant role was to uphold the cultural values of their community and impart this knowledge and sense of cultural responsibility to participants.
"To remind them of the strong cultural and kinship ties that connect them to their identity, their community and their responsibility to also uphold their community and cultural values," she said.
The Bendigo Law Courts Development will service the Magistrates' Court, Children's Court and the Victorian Civil and Administrative Tribunal as well as the County Court of Victoria, Supreme Court of Victoria and the Federal Circuit and Family Court of Australia on a circuit basis.
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