Youth Koori Court

[15-1000] NSW Youth Koori Court and Winha-nga-nha list, Dubbo1

Last reviewed: June 2024

Part A: Youth Koori Courts in Parramatta, Surry Hills and Dubbo Children’s Courts

Consultations began with relevant stakeholders in late 2013 to assess the feasibility of establishing a Youth Koori Court in NSW.

A cross-section of both legal and non-legal stakeholders was invited to participate in a broad consultation group. The stakeholders represented in the consultation group included representatives from the judiciary, the Aboriginal Legal Service (ALS), Children’s Legal Service (Legal Aid), Police prosecutions, Aboriginal Services Division, Juvenile Justice, Justice Health, Children’s Court Assistance Scheme, service providers and the Children’s Court Executive.

As a result of this consultation process, the Youth Koori Court commenced on 6 February 2015. It did so without government funding, with the court and all agencies agreeing to participate within existing resources. Elders sat in the Youth Koori Court at Parramatta on a voluntary basis until 2019.

In 2018 the Youth Koori Court received significant funding from the NSW Government. This enabled the employment of key people, including the Youth Koori Court Liaison Officer and the Youth Koori Court Casework Coordinator. The funding also provided for payment to Elders/Community Panel Members and provided for the expansion of the Youth Koori Court to Surry Hills Children’s Court. This court commenced operation on 6 February 2019.

The consultation process with the Dubbo community recommenced in 2022. A working party was established and the process of establishing the Youth Koori Court in its first regional location, Dubbo, began. The Youth Koori Court in Dubbo had its first sitting on 24 March 2023.

Legislative framework and mediation principles

The YKC was developed with the support of the then President of the Children’s Court, Judge Peter Johnstone, using existing resources and without the need for legislative amendment. Specific consideration was given to s 6 Children (Criminal Proceedings) Act 1987 which provides that in all proceedings dealing with young people, the Children’s Court must exercise its functions having regard to the principles contained therein (emphasis added):

(a) 

that children have rights and freedoms before the law equal to those enjoyed by adults and, in particular, a right to be heard, and a right to participate, in the processes that lead to decisions that affect them,

(b) 

that children who commit offences bear responsibility for their actions but, because of their state of dependency and immaturity, require guidance and assistance,

(c) 

that it is desirable, wherever possible, to allow the education or employment of a child to proceed without interruption,

(d) 

that it is desirable, wherever possible, to allow a child to reside in his or her own home,

(e) 

that the penalty imposed on a child for an offence should be no greater than that imposed on an adult who commits an offence of the same kind,

(f) 

that it is desirable that children who commit offences be assisted with their reintegration into the community so as to sustain family and community ties,

(g) 

that it is desirable that children who commit offences accept responsibility for their actions and, wherever possible, make reparation for their actions,

(h) 

that, subject to the other principles described above, consideration should be given to the effect of any crime on the victim.

Section 33 of the Children (Criminal Proceedings) Act 1987 provides the penalties that apply for young people in the Children’s Court. Significantly, s 33(1)(c2) provides:

(c2)

it may make an order adjourning proceedings against the person to a specified date (not later than 12 months from the date of the finding of guilt) for any of the following purposes (but only if bail for the offence is or has been granted or dispensed with under the Bail Act 2013):

(i) 

for the purpose of assessing the person’s capacity and prospects for rehabilitation,

(ii) 

for the purpose of allowing the person to demonstrate that rehabilitation has taken place,

(iii) 

for any other purpose the Children’s Court considers appropriate in the circumstances.

The process that has been developed involves an application of the law, including a deferred sentence under s 33(1)(c2), as well as an understanding of and respect for Aboriginal culture. It also involves the use of principles and practices of mediation which are employed in a conference process to identify issues of concern for the young person, identify ways in which those concerns can be addressed and develop an Action and Support Plan which provides a focus for the young person over 6 to 12 months prior to sentence. The young person is asked to identify programs that may enable him or her to reduce the risks of further offending. Just as important, relevant agencies and support people commit to supporting the Young Person to achieve his or her goals. The young person has his or her actions taken into account on sentence, which will be imposed by the judicial officer sitting alone after considering submissions from the defence and prosecution in the normal course and, where appropriate, a report on the young person’s progress prepared by Youth Justice or other agency having supervisory or other support responsibilities for the young person during the period of the adjournment. All sentencing options remain available to the Court.

The Youth Koori Court Model
1.Goals and objectives

Having regard to the general aims of the Youth Koori Court the specific measurable goals and objectives that it seeks to address are:

(a) 

Increase Aboriginal community, including Aboriginal young people’s confidence, in the criminal justice system in NSW.

(b) 

Reduce the risk factors impacting on the recidivism of Aboriginal young people in NSW.

(c) 

Reduce the rate of non-appearances by young Aboriginal offenders in the court process in NSW.

(d) 

Reduce the rate of breaches of bail by Aboriginal young people in NSW.

(e) 

Increase compliance with court orders by Aboriginal young people in NSW.

The Youth Koori Court seeks to achieve these aims by:

(a) 

Allowing Aboriginal and Torres Strait Islander community involvement in the court process,

(b) 

Providing low volume case management mechanisms that will facilitate greater understanding of and participation in the court process by the young person,

(c) 

Identifying relevant risk factors that may impact on the young person’s continued involvement with the criminal justice system, and

(d) 

Monitoring appropriate therapeutic interventions to address these risk factors.

2. The Model for the operation of the Youth Koori Court

A diagrammatic representation of the model is annexed at Annexure A.

2.1 Eligibility criteria

To be referred to the Youth Koori Court (YKC), a young person must satisfy the following criteria.

(a) 

Have indicated that he or she will plead guilty to the offence or have the offence proven after hearing.

(b) 

Must be descended from an Aboriginal person or Torres Strait Islander, identify as an Aboriginal person or Torres Strait Islander and must be accepted as such by the relevant community.

(c) 

Be charged with an offence within the jurisdiction of the Children’s Court to hear and summarily determine the outcome.

(d) 

Be referred from specified courts.

(e) 

At a minimum, be highly likely to be sentenced to an order which would involve Juvenile Justice supervision with priority being given to those young people likely to receive a supervised probation order or a detention order.

(f) 

Be 10 to 17 years of age, at the time of the alleged commission of the offence(s) and under 19 years of age when proceedings commenced.

(g) 

Be willing to participate.

A referral to the Youth Koori Court can only be made on the application of the young person.

Where the young person has entered a plea of guilty, or indicated an intention to plead guilty, the presiding judicial officer will refer the case to the Youth Koori Court if satisfied that the eligibility criteria are met.

Where the young person has had his or her offence proven after a hearing the presiding judicial officer may refer the young person to the Youth Koori Court for sentence, if satisfied that the eligibility criteria are met, or proceed to sentence in the usual manner.

Where a case is referred to the Youth Koori Court following a hearing, a transcript of the judgment is to be ordered and/or an agreed statement of facts is to be filed.

2.2 Suitability assessment

The suitability of the young person for inclusion is assessed by reference to the screening tool and the following:

(a) 

The availability of services in the area of the young person’s residence and suitable to the young person’s needs must be taken into account.

(b) 

The strength of the young person’s commitment to the requirements of the YKC.

(c) 

The capacity of the YKC, including the number of current matters before the YKC, to accept the young person into the program.

(d) 

The availability of suitable Elders/respected persons after consideration of the young person’s cultural heritage and identity.

(e) 

Those charged with sexual offences may not be eligible for the process. The suitability assessment will involve assessment of the nature of the offence and the likely impact on the victim and/or family of the inclusion of the young person into the YKC process.

(f) 

Priority for inclusion in the program will be given to those young people who are, in the opinion of the magistrate, likely to receive a custodial sentence for the offence or offences currently before the Court.

An Initial assessment screening tool has been developed. This tool assists in identifying the background, needs and supports necessary for the young person. The assessment tool is used to assist the Koori Court magistrate to determine if the young person is suitable for inclusion in the program.

If the young person is not suitable, the magistrate will refer the young person back for mention and/or sentence in the Children’s Court and for case management in the usual way. The YKC magistrate may order a background report (Juvenile Justice report) and adjourn the matter for sentence in the Children’s Court in the usual six-week time frame.

If the young person is suitable (including assessment of the capacity of the YKC to accept the referral), the magistrate will formally accept the young person into the program and refer the young person to a conference, usually within 2 weeks.

A bail review is conducted. Bail conditions are set to maximise the young person’s likely compliance with the conditions while at the same time ensuring that any bail concerns are appropriately addressed.

2.3 Conference

The Conference is attended by the young person and his or her parent(s) (including where appropriate a representative from DCJ), Elder(s)/respected person(s), a Youth Justice representative, the young person’s lawyer (ALS/CLS), a civil lawyer from Legal Aid, a representative from Justice Health (where appropriate), the Youth Koori Court casework coordinator and a representative from any other relevant service providers as identified as a result of information obtained in the screening tool.

Prior to the Conference an Action and Support Plan (“Plan”) has been prepared in draft following meetings with the young person, ALS and the casework coordinator. This Plan is targeted to the particular needs/ interests of the young person; accepted by the young person and service providers as workable and potentially gives consideration to addressing the harm to the victim(s)/society suffered as a result of the crime(s) committed by the young person. The model is not, however, a restorative justice model. It is a therapeutic justice model, with emphasis being placed on the changes and supports necessary to address the criminogenic needs of the young people involved.

The judicial officer, sitting in the YKC with two Elders/respected persons, may approve the Plan (with or without amendment), following which the young person will commence work in accordance with the Plan. The plan is subject to revisions as required throughout the YKC process.

2.4 Plan commencement

With supports, the young person will commence a program or programs designed to:

(a) 

address the reasons the young person has engaged in crime

(b) 

reinforce cultural connections and knowledge (and pride)

(c) 

enable the young person to engage in education and/or employment

(d) 

enable the young person to find stable accommodation

(e) 

address any health (including mental health) concerns

(f) 

address any alcohol or drug issues.

2.5 Mentions/monitoring

The young person attends the YKC for regular mentions. Sometimes this is at fortnightly intervals because of the high needs of a young person. This can later be monthly mentions. At each mention an updated Plan is prepared and discussed with the young person. Amendments to the Plan are discussed and/or approved.

2.6 Sentence

A sentence of the young person will be scheduled 6 to 12 months after the approval of the Plan. A report from Youth Justice or the Lead Agency will be submitted to the Court, the prosecutor and the young person and his/her solicitor. Prior to formal submissions in Court a review and sentencing conversation will take place with the young person in front of the Elders/respected persons and the magistrate and any support persons.

Formal submissions will then be made on sentence by the prosecution and the defence lawyer.

The magistrate will adjourn briefly to consider the submissions and prepare the sentence.

The magistrate alone has responsibility for the sentence, taking into account all submissions and the performance by the young person in the Youth Koori Court. The sentence will be delivered by the magistrate, robed, from the bench.

2.7 Recognition, acknowledgement and rewards

The participation by the young person in the Youth Koori Court and the programs identified in the Plan will be acknowledged by the Elders and the magistrate after the sentence.

Rewards and incentives have been donated to the YKC. Such rewards include football tickets, football jerseys, hand woven baskets, certificates of achievement and signed footballs.

2.8 The YKC courtroom

The YKC sits in a courtroom in which artworks designed by young people in custody at each of the juvenile justice centres in NSW have been hung. In Dubbo, the artwork has been produced by four young people under the guidance of Aunty Narelle Boys. The works are on permanent loan to the YKC. The judicial officer sits with the Elders/respected persons around a table with the young person, his or her family or supporters, the prosecutor, the legal representative for the young person, a civil lawyer from Legal Aid, the Youth Koori Court casework coordinator and representatives from agencies, including Youth Justice, which may be in a position to offer some support to the young person. The judicial officer is not robed until the point of sentence or for release applications.

Evaluation of the Youth Koori Court (YKC): Inside Policy, 6 June 2022

The Key Findings of this comprehensive report were:

This evaluation reveals overwhelming support for the YKC from its staff and stakeholders, as well as participants and their families. This strong support is based on the perception and experience that the YKC achieves better outcomes for Aboriginal young people and for the criminal justice system, compared to the standard Children’s Court process. This perception and experience of benefit is supported by the review of court files, appearance recordings, court observations, the cost-benefit analysis undertaken and BOCSAR’s statistical analysis of the impact of the YKC on youth justice outcomes.

What is the YKC achieving?
  • The YKC is achieving its short-term outcomes of identifying participant needs and risk factors for offending relating to housing (home), health, employment, education and skills, safety and social/cultural outcomes.

  • The YKC is also successful in empowering participants and the Aboriginal community through the process.

  • For participants, the YKC is contributing to the achievement of intermediate outcomes in the areas of:

    • Empowerment through a high-level of engagement in the process and resulting in increasing trust in the system

    • Social and cultural through reconnection to and engagement with cultural supports

    • Safety through the reduced likelihood of reoffending and participants being 40 per cent less likely to be sentenced to a Juvenile Control Order (JCO).

  • Due to a lack of data and information, the evaluation could not determine if intermediate outcomes at the participant levels were being achieved in the areas of housing (home), education and skills, employment and health.

  • The YKC is operating as it was intended and is being implemented in accordance with is documented procedures.

  • Prior to COVID-19, referrals, acceptances and graduations had increased year-on- year, with the current graduation rate being 60 percent. A closer examination of withdrawals and discharges may be required to improve the graduation rate.

  • Stakeholders of the YKC act in accordance with their roles and responsibilities.

  • Participants have a clear supported journey through the process which involves regular engagement with their legal practitioner, caseworker and support services.

  • The YKC as it currently operates returns $2 for every $1 invested.

  • Expanding the YKC to one additional site would result in a benefit-cost ratio of 2:1; and estimated direct economic impact to the NSW economy of $2.1 million and an estimated indirect impact of $1.6 million.

What factors and conditions enable the YKC’s achievements?
  • Operating as a sentencing court is an important precondition for success.

  • Other successful factors, practices and conditions which contribute to the YKC achieving its objectives and outcomes include:

    • CPMs and Aboriginal staff

    • Focus on culture

    • Participant-centricity

    • Team-work and relationships

    • Commitment to the YKC process and its objectives

    • Pre-conferencing

    • Physical layout of the court.

What can be improved?

Attention should be paid to improving the following aspects of the YKC:

  • Reporting by external support services to the court

  • Increasing the range of Aboriginal support services

  • Strengthening the focus on providing a diverse range of cultural support options and increasing Aboriginal staff representation.

  • Supporting young people post-graduation.

  • Improving record keeping.

  • Improving information sharing.

  • Focusing on the retention of staff to ensure a continuity of understanding of the YKC’s intent, processes and practices as well as support for the participants.

  • Formalising governance and oversight of the YKC process (as opposed to each participants’ journey).

  • Increasing operating costs to fund currently unfunded critical services.

Part B: The Winha-nga-nha list Dubbo

On 25 October 2019 Professor Megan Davis reported to the NSW Government on the results of her review into the Aboriginal Out of Home care system in NSW. This report, known as the Family is Culture Report, contained 125 recommendations.

The last recommendation is in the following terms:

The NSW Government should, in consultation with the Children’s Court of NSW and other relevant stakeholders, such as the NSW Child, Family and Community Peak Aboriginal Corporation (AbSec) and the Aboriginal Legal Service, design and implement a pilot project establishing a dedicated court list for proceedings under the Children and Youth Persons (Care and Protection) Act 1998 (NSW) involving Aboriginal children.

In response to this recommendation, the NSW Children’s Court convened a working party in 2022. That working party involved stakeholders from all relevant agencies and organisations involved in the child protection system involving Aboriginal families in NSW. Elders also participated in the working party.

Extensive consultations were also held with the Dubbo community. Aunty Margaret provided the court with a name for the new list. Winha-nga-nha means to “know, think, remember”. A fact sheet prepared by the Court is annexed at Annexure B.

The Winha-nga-nha list first sat in Dubbo on 7 September 2024. It is the first such court in NSW.

The Court Comment
1.1 Flags The Court will display Aboriginal and Torres Strait Islander flags.
1.2 Acknowledgement of county The Court may begin with a welcome to country or an acknowledgement which is delivered by an Elder or respected person (if present) and/or by the magistrate.
1.3 Robes The judicial officer may not be robed during the Conversations list. The judicial officer may be robed for formal findings and orders.
1.4 Informality The court will sit informally except for formal orders and findings. All parties, lawyers, caseworkers, Elders/respected people and the magistrate will sit around the bar table.
1.5 Artworks The court may display Aboriginal artworks.
1.6 Aboriginal staff

The Court may utilise the services of an Aboriginal Liaison officer. That court officer will contact the parties in the week preceding the listing date to establish a point of contact and to answer any administrative questions the party may have.

The Court may also welcome the support from an Aboriginal person to act as a non-legal advocate for the families.

2. Court process  
Elders

During the consultation process it became clear that Elders should not be formally included in the process. However, should a party request support from an Elder, the Court has developed a panel of Elders who have offered to assist on a voluntary basis.

The family will be invited to bring an Elder/respected person of their own choosing rather than a panel arranged by the court.

2.1 Directions list:

9.30 am – 10.00 am

This may involve short mentions where the parties can be excused. This may include directions after the release of a clinic assessment and/or directions which are of an administrative nature.

Any matters involving non-Aboriginal families will also be included in the Directions list until such time as a separate listing day can be accommodated for such matters.

2.2 Conversations list Each matter will be allocated a time of no less than 20 minutes. Matters will be allocated in blocks of “Not before 10, Not before 12 and Not before 2”.

2.3 First mention

2.3(a) Pre-filing actions

The magistrate will begin the conversation about pre-filing intervention, including addressing the requirements of ss 9A and 63 of the Care Act, addressing “active efforts”.

  • have possible kinship placements been identified before or after removal?

  • has there been an FGC?

  • has there been discussion about referral of parents for supports?

  • were the parents given an opportunity to speak to a lawyer when issues were first identified?

  • was the possibility of a Parent Capacity Order explored as an alternative to removal?

  • was the possibility of a Parent Responsibility Contract considered?

  • is there evidence of active efforts to take alternative action?

  • is a genogram available? If not, directions for its filing to be made. Process of involving family/community in the preparation of the genogram to be discussed.

  • are birth certificate(s) available? If not, clarify the names and dates of birth of the child(ren). Begin the process of obtaining the birth certificate(s) at the earliest opportunity.

2.3(b)

Summary of proposed plan

Directions in relation to the Summary of Proposed Plan to be made.

A new template of the Summary of Proposed Plan has been developed for use in the Winha-nga-nha list.

Parent(s)’ responses to the Application to be filed prior to establishment (unless this is conceded at the first mention).

3. Establishment

This may proceed at an earlier stage where parties have had access to legal advice prior to filing.

A non-legal Advocate may explain this concept to the parties in the presence of the lawyer for each party but outside the courtroom.

4. Dispute Resolution conference(s) (DRCs)

These should be used to the maximum extent possible.

Legal Aid funding is available for more than one DRC and for an extended time.

5. Care plans, cultural plans and responses to both A template for a cultural plan has been developed in conjunction with Aunty Deb Swan (GMAR).
6. Final orders The Court will make efforts to ensure that family and community supports are present where a final order is made in a case where restoration is not possible.
7. Alternatives to care applications It was anticipated that there may be an increase in the use of applications for Parent Capacity Orders and Parent Responsibility Contracts to increase early engagement with families and improve access to services to reduce risk of removal. To date this has not occurred.

Conclusion

The Youth Koori Court and the Winha-nga-nha list each have the potential to make a very real difference to Aboriginal families in NSW. It is hoped that the programs will be expanded to other locations, including other areas in rural NSW where there is a real need to address the high crime and incarceration rates among Aboriginal people in general and young people in particular and to address the disproportionate numbers of Aboriginal families involved in the care and protection system.

I acknowledge the significant contribution to the success of these programs from all people who have worked during the consultation and implementation phases of each program. This work is not easy. It requires hard work, dedication and resilience.

I look forward to the next phase of our work. It is challenging, rewarding, heart breaking, emotional, exhausting and exhilarating.

Magistrate Sue Duncombe

February/March 2024

Annexure A — YKC model

Annexure B — Winha-nga-nha fact sheet

[15-1020] Youth Koori Court2

Last reviewed: May 2023

The Children’s Court began trialling the Youth Koori Court (YKC) in February 2015 at Parramatta Children’s Court.

We created this pilot in response to the devastating over-representation of Aboriginal young people in the justice system.

The YKC was established within existing resources and without the need for legislative change.

The YKC uses a deferred sentencing model: s 33(1)(c2) of the Children (Criminal Proceedings) Act 1987 (CCPA). The process that has been developed for the YKC involves an application of the deferred sentencing model as well as an understanding of and respect for Aboriginal culture.

Mediation principles and practices are employed in a conference process to identify issues of concern for the young person, identify ways in which those concerns can be addressed, and develop an Action and Support Plan for the young person to focus on for six to twelve months prior to sentence.

The legislative scheme applicable to the YKC is consistent with the general principles informing the work of the Children’s Court.

Specifically, the provisions in s 6 of the CCPA state:

(a) 

That children have rights and freedoms before the law equal to those enjoyed by adults and, in particular, a right to be heard, and a right to participate, in the processes that lead to decisions that affect them,

(b) 

That children who commit offences bear responsibility for their actions but, because of their state of dependency and immaturity, require guidance and assistance,

...

(c) 

That it is desirable that children who commit offences be assisted with their reintegration into the community so as to sustain family and community ties,

...

[Emphasis added.]

The direct participation of the young person is required as referrals to the YKC can only be made on the application of the young person. It is a voluntary process and relies upon genuine commitment and ownership by the young person.

The culturally competent component of the YKC is demonstrated in many ways, including through the set-up of the court room itself. The YKC sits in a court room with artworks prepared by young people in custody at each of the juvenile justice centres in NSW.

Notably, the full suite of sentencing options is available to the judicial officer.

The YKC has been sitting since 6 February 2015 and we celebrated the two-year milestone in February [2017], with all of the stakeholders involved, including some young people who had successfully completed the YKC process. We were delighted to receive a visit from Senator Pat Dodson on the day, who sat as a respected person in the YKC, and shared some words of encouragement and wisdom with one of our young participants.

From February 2015 to December 2016, the YKC had 52 referrals and 48 of those young people were sentenced. In [May] 2017, we have 11 young people continuing or referred, and two have been sentenced so far this year. [As at June 2018, 92 young people have been referred to the YKC program.]

A formal process evaluation has been conducted by Western Sydney University with positive results, see [15-1080].

Anecdotally, many young people have become genuinely engaged in the process, and, given the participatory nature of the process, many young people have developed a strong sense of accountability for their actions.

With the assistance of the Children’s Court Assistance Scheme, five of the YKC participants have been able to obtain permanent housing, which is a significant achievement.

Although the YKC was successfully established within existing resources, funding is needed in order to achieve excellence in the program, and also to expand the program. Funding was recently announced by the Attorney General, Mark Speakman SC, and the Treasurer, Dominic Perrottet, to enable the expansion of the YKC to Surry Hills. The funding will commence on 1 July 2018 and will allow the courts to operate for a further three years.

Note:

In 2023, YKC expanded to Dubbo.

Communities such as those in Redfern, Glebe, and La Perouse have been consulted on the possibility of expanding the YKC and are eager to see the expansion of the YKC to their communities.

[15-1040] NSW Youth Koori Court pilot program commences

Last reviewed: May 2023

The practice, procedures, aims and objectives of the Youth Koori Court are summarised in S Duncombe, “NSW Youth Koori Court Pilot Program commences” (2015) 27 JOB 11.

See also a Fact Sheet by the Department of Justice, accessed 13 April 2023.

[15-1060] Expansion of the NSW Youth Koori Court program

Last reviewed: May 2023

In May 2018, the NSW Government funded the expansion of the Youth Koori Court to Surry Hills. The sittings of the Youth Koori Court at Surry Hills commenced on 6 February 2019. This article, at S Duncombe, “Expansion of the NSW Youth Koori Court program” (2018) 30 JOB 48, gives a brief summary.

Sittings of the Youth Koori Court commenced at Dubbo in March 2023.

[15-1080] Youth Koori Court review of Parramatta Pilot Project

Last reviewed: May 2023

See “Youth Koori Court — review of Parramatta Pilot Project”, prepared by M Williams, D Tait, L Crabtree and M Meher, of Western Sydney University.

[15-1100] Practice Note 11: Youth Koori Court

Last reviewed: May 2023

Practice Note 11: Youth Koori Court issued 16 January 2015, amended 5 March 2015, 1 February 2019 and further amended 17 March 2023.

[15-1120] Trauma-informed approach of the NSW Youth Koori Court

Last reviewed: May 2023

An article by S Duncombe, “The trauma-informed approach of the NSW Youth Koori Court” (2020) 32(3) JOB 21.

[15-1140] Thirty years on from the Royal Commission, what can judicial officers do?

Last reviewed: May 2023

An article by S Norrish, “Thirty years on from the Royal Commission, what can judicial officers do?” (2021) 33(3) JOB 29.

[15-1160] Impact of the NSW Youth Koori Court on sentencing and re-offending outcomes

Last reviewed: May 2023

An article by E Ooi and S Rahman, “The impact of the NSW Youth Koori Court on sentencing and re-offending outcomesCrime and Justice Bulletin No CJB248, April 2022 suggests an association between participation in the YKC and reduced risk of imprisonment, without any adverse impact on re-offending rates.

[15-1180] Youth Koori Court expanded under $20m Indigenous justice package

Last reviewed: May 2023

An article by M Whitbourne, “Youth Koori Court expanded under $20m Indigenous justice package”, Sydney Morning Herald, 18 July 2022.

[15-1200] Significance of culture to wellbeing, healing and rehabilitation

Last reviewed: May 2023

An article by S Beckett, “The significance of culture to wellbeing, healing and rehabilitation” (2021) 33(9) JOB 91.



1This is a paper presented by Magistrate Susan Duncombe originally presented at the Second National Indigenous Forum, 28 February 2024, Brisbane and the Orana District Law Society conference 8 and 9 March 2024, Dubbo.

2This extract is from “Early intervention, diversion and rehabilitation from the perspective of the Children’s Court of NSW” by Judge Peter Johnstone, President of the Children’s Court of NSW, at [110]–[126]. The paper was originally presented for the 6th Annual Juvenile Justice Summit, Friday, 5 May 2017, Sydney. This extract has been updated to include more recent changes. The pilot program is also discussed in an article by S Duncombe, “NSW Youth Koori Court Pilot Program commences” (2015) 27 JOB 11.