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Revision Extended Response Mental Rehearsal and Breathing Routine

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Revision Extended Response Mental Rehearsal and Breathing Routine

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Revision Extended Response Exam Day Checklist

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Revision Extended Response Exam Day Checklist

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Murri Court - doing justice differently 10.4

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Murri Court - doing justice differently 10.4

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YouTube

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YouTube

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Murri Courts are located in the Magistrates and Childrens Courts in Brisbane, Caboolture, Cairns, Cherbourg, Cleveland, Ipswich, Mackay, Maroochydore, Mount Isa, Richlands, Rockhampton, St George, Toowoomba, Townsville and Wynnum.

Find the contact details for these Magistrates Courts.

Our aims

Murri Court aims to:

encourage members of the Aboriginal and Torres Strait Islander community to participate in the Murri Court process

deliver a culturally appropriate court process that respects and acknowledges Aboriginal and Torres Strait Islander cultures

refer defendants to support services that address the underlying contributors to their offending

give magistrates detailed information about defendants' personal and cultural circumstances.

Our goals

Murri Court goals are to:

reduce the frequency and seriousness of any subsequent contact that Murri Court defendants might have with the criminal justice system

encourage defendants to take responsibility for their offending, and increase their awareness of the consequences of their actions for victims and the community

encourage magistrates to consider at sentence how a defendant's cultural and personal circumstances contribute to their offending

encourage defendants' attendance and engagement with support services while on bail

facilitate improvements in defendants' self-reported physical and psychological health, and quality of life

improve Aboriginal and Torres Strait Islander defendants' engagement with, and understanding of, the court process

improve Aboriginal and Torres Strait Islander Elders' and Respected Persons' confidence in, and knowledge of, the court process.

Our wider contribution

By achieving these goals, Murri Court will help:

improve the appropriateness of the criminal justice system for Aboriginal and Torres Strait Islanders by being inclusive and responsive to culture

reduce Aboriginal and Torres Strait Islander overrepresentation in the criminal justice system

increase Aboriginal and Torres Strait Islander communities' confidence in the criminal justice system

grow a fair, safe and just Queensland.

The Murri Court artist

The Murri Court graphic design was created by Gilimbaa artist David Williams. David is a proud Wakka Wakka man born in Rockhampton, now based in Brisbane.

Last reviewed

29 September 2020

Last updated

29 September 2020

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goals of murri court; about murri court; how murri court works

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Murri Courts are located in the Magistrates and Childrens Courts in Brisbane, Caboolture, Cairns, Cherbourg, Cleveland, Ipswich, Mackay, Maroochydore, Mount Isa, Richlands, Rockhampton, St George, Toowoomba, Townsville and Wynnum. Find the contact details for these Magistrates Courts.

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Courts Qld

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Aboriginal and Torres Strait Islander peoples are advised that this page contains images, voices, names and descriptions of people who have passed away.

Publications and forms

Murri Court Cherbourg - An Elder's perspective

Read the transcript

Useful agencies

For community justice groups

Related legislation

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murri court; murri court forms; going to murri court; community justice groups; laws and murri court

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Aboriginal and Torres Strait Islander peoples are advised that this page contains images, voices, names and descriptions of people who have passed away. Murri Court Cherbourg - An Elder's perspective Read the transcript

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Toowoomba Murri Court's remarkable success

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Toowoomba Murri Court's remarkable success

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ABC

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There are plans to expand the reach of a specialist indigenous court in Toowoomba .. after the existing program has recorded impressive results.

The Murri Court, which has been operating in Toowoomba since 2016, has diverted 163 Indigenous adults from jail.

In fact no-one that has been sentenced through the system has ended up back behind bars.

Catholic Care Toowoomba, which manages the program, wants to expand the model to target youth.

Stacey McCarthy from the Community Justice Group told Belinda Sanders she's proud of the results.

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Alternative court achieving impressive outcomes

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There are plans to expand the reach of a specialist indigenous court in Toowoomba .. after the existing program has recorded impressive results. The Murri Court, which has been operating in Toowoomba since 2016, has diverted 163 Indigenous adults from jail. In fact no-one that has been sentenced through the system has ended up back behind bars.

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Brisbane Times

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Indigenous people who have appeared before the Murri Court overall end up being charged with fewer serious offences in the future, with many believing it is not a biased "whitefella court".

But some offenders have gone on to commit even more drugs, weapons, forgery and theft crimes.

Ipsos has reviewed the Murri court in Queensland, after it was reinstated by the Palaszczuk government. Credit:Ben Plant

The Murri Court was reintroduced by the Palaszczuk government in 2016 after being cut by the Newman government in 2012.

It aims to reduce the over-representation of Indigenous people in the criminal justice system by holding informal, less-intimidating hearings and including elders, alcohol and drug programs, and employment and health services.

An Ipsos report into the Murri Court, dated June 2019 and due to be released this week, found it was operating as intended in providing a culturally informed specialist court to help rehabilitate Indigenous offenders.

Stakeholders said the Murri Court had reunified families, reduced incarceration, prompted people to give up drugs and improve their health, helped people get jobs, training and car licences, and reinvigorated respect for community, culture and elders.

Many offenders took personal responsibility for their crimes and became more aware of how their actions affected victims, and there was a belief Murri Court was not a racially biased "whitefella court" but somewhere they could have a "fair go".

The report found "good indications" that charges for serious offences were declining overall, but some charges, such as illicit drugs, weapons, forgery and theft, were increasing.

The review allocated offenders to four groups based on their experiences with the Murri Court - "feeling strong", "staying on track", "a chance to change" and "needing support".

"Needing support" had a high proportion of offenders committing cultivating illegal drugs, abduction and liquor crimes as their most serious offence after appearing in the Murri Court, while "a chance to change" had a high proportion of people committing assault, weapons and breach of violence orders.

But the report argued it was difficult to measure whether people desisted from criminal activity due to the entrenched systemic inequality that was experienced by Indigenous people, which the Murri Court alone could not fix.

"In light of this, it can be said that courts can only do so much to contribute to desistance of Queensland Aboriginal and/or Torres Strait Islander people," the report says.

The report's authors say more data is needed over a longer period of time.

The report recommends increased funding, increased payments for elders and more Indigenous Murri Court magistrates.

Attorney-General Shannon Fentiman said the evaluation showed the Murri Court, which now operates in 15 locations throughout Queensland, was operating successfully.

"It provides culturally informed and appropriate court systems that aim to assist in the rehabilitative efforts of Aboriginal and Torres Strait Islanders," she said.

"Importantly, the report showed that Murri Court is valued highly by participants, community members and elders as a means of justice that is Indigenous-owned and more culturally appropriate than mainstream courts."

The Murri Court was initially established in 2002 and abolished a decade later after the Newman government withdrew funding, although some sites continued due to community volunteers and magistrates running Indigenous sentencing lists.

When the Newman government cut funding for the Murri, special circumstances and drug courts in 2012, saving $35.7 million over four years, then-attorney-general Jarrod Bleijie argued the "only alternative" was to put up government fees and charges.

At the time, Mr Bleijie said the Murri Court was not reducing imprisonment rates for Indigenous offenders, although a study actually showed property offences dropped by 94 per cent.

In 2017, Brisbane Times revealed the Palaszczuk government was considering including alcohol-related offending in its reincarnation of the drug court.

A recent Queensland Sentencing Advisory Council report showed imprisonment of Indigenous women in Queensland has tripled in the past 14 years, and despite fewer Indigenous people offending, they were more likely to go to jail.

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Queensland's Murri Court not seen as 'whitefella' court: report

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Normal text size Larger text size Very large text size Indigenous people who have appeared before the Murri Court overall end up being charged with fewer serious offences in the future, with many believing it is not a biased "whitefella court". But some offenders have gone on to commit even more drugs, weapons, forgery and theft crimes.

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AIC

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How the Murri court is breaking the cycle of criminality.

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How the Murri court is breaking the cycle of criminality.

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Indigenous Australians experience incarceration rates well above the national average. Despite only comprising 2% of the Australian population, Indigenous Australians make up 28% of the adult prison population. The situation is not improving; the rate of incarceration has increased by 45% since 2008. Breaking this cycle of criminality and incarceration - and in so doing, undoing the harms imposed by systemic injustice - ranks among one of the greatest and gravest challenges for our legal system.

When the Brisbane Murri Elders approached her with a proposal, Chief Magistrate Diane Fingleton made it her mission to address this challenge. Together, they developed the Brisbane Murri Court, which launched in 2000.

Reconnecting defendants to family, culture and community

"The aims of the Murri Court include reconnecting Indigenous defendants to family, culture and community," explained Magistrate Tina Previtera, who regularly sits at the Murri Court. Magistrate Previtera recently led a Meet the Magistrates; session at the Murri Court alongside Murri elders.

"The hope is that by doing so, defendants will be supported in the issues endemic to Indigenous communities, resulting in a decrease in offending behavior and a decrease in the incarceration rates of Indigenous persons," said Magistrate Previtera.

The Murri Court was initially located in the arrest court complex at Roma Street, but demand and increasing numbers led to its relocation to the Brisbane Magistrates Court building.

Taking trauma into account

"The Murri Court works by providing Indigenous defendants who plead guilty to be sentenced in a culturally appropriate way," Magistrate Previtera explained. "The Sentencing Court is provided with information from the defendants, their families, their community members and their Elders. Such information might not otherwise be available in a mainstream system which will not include recourse to such information.

"The Murri Court takes into account the history and background of a defendant's tribal clan as it affects the defendant and his or her family," said Magistrate Previtera. This includes the effects of any discrimination, trauma, grief or loss suffered by being a part of the Stolen Generation or being related to members of the Stolen Generation.

This information is gathered by Elders and shared with the Court, usually in a written form.

"As Indigenous defendants progress through the Court, the Elders will provide additional information to as to how the defendant is responding to the process," said Magistrate Previtera. "The Elders will speak directly with the defendants both in and out of the Court process and be involved in supporting and providing culturally appropriate information to defendants about the court process. Elders do not determine the sentence to be imposed but can suggest the types of support which should be provided to the defendant. This occurs at the beginning of the process, throughout the process and at sentence."

Prioritising rehabilitation over punishment

It is an unusually collaborate process which directly accounts for the defendant's unique cultural needs and experiences.

"The Magistrate is the decision maker so far as the sentencing dispositions are concerned," noted Magistrate Previtera.

Prior to sentencing, the Magistrate will case manage each defendant throughout their time in the Murri Court. This is a process that might range from three months - involving two to three appearances - to over twelve months.

A longer period may be required if the Magistrate considers the defendant to be not yet stable enough to be sentenced, owing to issues with grief, loss, addiction or health.

Bail conditions will be informed by a report from the Elders, submitted at the start of a defendant's time in the Murri Court. When setting conditions for bail, a preference is made for supportive, rehabilitative conditions over punitive conditions. From a therapeutic perspective, this might involve counselling or yarning circles.

Magistrate Previtera praised the College of Law's Judicial Series for shedding light on the work of the Murri Court.

"It will hopefully make people appreciate that 'special' actually equates to 'equal' so far as the Court's treatment of Indigenous defendants through this particular Court process is concerned," said Magistrate Previtera. "The court provides holistic support to deal with issues affecting the Indigenous community, including those that result from colonisation, government policies and transgenerational trauma."

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How the Murri Court is breaking the cycle of criminality and incarceration for Indigenous Australians

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Indigenous Australians experience incarceration rates well above the national average. Despite only comprising 2% of the Australian population, Indigenous Australians make up 28% of the adult prison population. The situation is not improving; the rate of incarceration has increased by 45% since 2008.

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Aunty Valda Coolwell at Murri Cort Ceremony in Brisbane

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Aunty Valda Coolwell at Murri Cort Ceremony in Brisbane

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YouTube

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Aunty Valda Coolwell at Murri Court Ceremony in Brisbane

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Elders play key role in giving young indigenous people hope and keeping them out of jail

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Elders play key role in giving young indigenous people hope and keeping them out of jail

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Elders play key role in giving young Indigenous people hope and keeping them out of jail | ABC News

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IA1 Short Response: What is Missing from this Answer?

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IA1 Short Response: What is Missing from this Answer?

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Terra Nullius: The Lie that Built Australia

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Terra Nullius: The Lie that Built Australia

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Terra Nullius: The Lie That Built Australia | The Idea of Australia |

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What Is Terra Nullius? - Gender Equality Network

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Native Title, Dispossession & Colonialism: A Legal Examination | Taylah Gray | TEDxYouth@Sydney

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Governance in Australia 2 Other Courts 10.4

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Videos on domestic violence court process 10.4

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Videos on domestic violence court process 10.4

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Videos on domestic violence court process

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Videos explaining the court process for domestic and family violence, including DVOs and what happens in court

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Southport domestic violence specialist court 10.4

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Queensland Civil and Administrative Tribunal

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When you file a document or application at QCAT you are also required to 'serve' documents to a person or business (such as a copy of an application you have made about them).

When an application is filed, QCAT will return copies of your application and/or documents stamped with the QCAT seal (official stamp). You must then deliver (serve) a copy of the stamped documents to the other person or business.
Read more >

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Queensland Civil and Administrative Tribunal

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When you file a document or application at QCAT you are also required to 'serve' documents to a person or business (such as a copy of an application you have made about them). When an application is filed, QCAT will return copies of your application and/or documents stamped with the QCAT seal (official stamp).

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Drug and Alcohol Court - doing justice differently 10.4

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Drug and Alcohol Court - doing justice differently 10.4

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Doing Justice Differently focuses on informing Queenslanders about the specialist courts.

The Queensland Drug and Alcohol Court provides an intensive and targeted response to adult offenders with severe drug and alcohol use directly associated with their offending.

The court invests in people to keep communities safe - aiming to rehabilitate offenders so they can reintegrate into society.
Disclaimer
This is a fictional case. This video is designed and intended to provide general information and is current at the time of publication. The contents do not constitute legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any matters you may have. If anything in this video has raised issues for you or a family member please seek help.

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qsac; qld; sac; sentencing council; specialist courts; drug and alcohol court; queensland media; qld media; learn about law; legal studies; justice done differently; court reporting; re-thinking sentencing; community safety; rehabilitate; offenders; you be the judge

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Doing Justice Differently focuses on informing Queenslanders about the specialist courts. The Queensland Drug and Alcohol Court provides an intensive and targeted response to adult offenders with severe drug and alcohol use directly associated with their offending. The court invests in people to keep communities safe - aiming to rehabilitate offenders so they can reintegrate into society.

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Find out the roles of the following judicial officers in court:

Childrens Court Magistrate

Being a Childrens Court Magistrate, my job is to consider all submissions and determine an appropriate sentence in accordance with the law and other relevant sentencing principles.

Determining an appropriate sentence is a complex process in which I must balance a range of factors in accordance with the law.

Sentencing a young person aged under 18 requires different considerations to sentencing an adult. I am required to consider the youth justice principles outlined in the Youth Justice Act 1992. These aim to balance the rights of the community to be protected from offences with the need to protect the rights and physical and mental wellbeing of children.

I am required to balance the importance of holding children accountable for their actions with the principle that they should be diverted from the criminal justice system as far as possible.

If a child pleads guilty, the legislation requires me to consider referring the offence to Youth Justice for a restorative justice process instead of sentencing them.

If a finding of guilt is made, I must consider making a referral for a restorative justice process to help me make an appropriate sentence order. Once I have decided an appropriate outcome, I am required to provide reasons for my decision.

I have to take steps to make sure that the child understands the purpose and effect of the order I make, and any consequences that may follow if he or she fails to comply with it.

Defence

As the defence, it is my role to represent the offender and provide the judge with:

information on the offender's personal circumstances

background or any contextual information about the offending

submissions about the steps an offender has taken towards their rehabilitation

submissions about relevant case law and legislation

and submissions about a suggested sentence.

Judge (district and supreme court)

As the judge, it is my job to consider all submissions and determine an appropriate sentence in accordance with the law and relevant sentencing principles.

Determining an appropriate sentence is a complex process in which I must balance a range of factors in accordance with the law.

I am required to provide reasons for the sentence imposed. These reasons are recorded and referred to as sentencing remarks.

If I hand down a non-custodial order as part of the sentence I must ensure the offender understands the conditions of the order imposed.

Magistrate

Being the magistrate, my job is to consider all submissions and determine an appropriate sentence in accordance with the law and other relevant sentencing principles.

Determining an appropriate sentence is a complex process in which I must balance a range of factors in accordance with the law.

I am required to provide reasons for the sentence imposed.

If I hand down a non-custodial order as part of the sentence, then I must ensure that the offender understands the conditions of the imposed order.

Police prosecutor (magistrates court)

As a police prosecutor, it is my role to provide the magistrate with all the facts and circumstances of the offending behaviour and the offender's criminal history.

Prosecutor (district and supreme court)

As a prosecutor, it is my job to provide the judge with:

all the facts and circumstances of the offending

the offender's criminal history

submissions about the impact of the offending on any victims

submissions about relevant case law and legislation

submissions about a suggested sentence

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qsac; role; judicial; officer; defence; prosecutor; police; judge; magistrate; justice

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Find out the roles of the following judicial officers in court: Being a Childrens Court Magistrate, my job is to consider all submissions and determine an appropriate sentence in accordance with the law and other relevant sentencing principles. Determining an appropriate sentence is a complex process in which I must balance a range of factors in accordance with the law.

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What happens in a Qld Magistrate's Court 10.2

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What happens in a Qld Magistrate's Court 10.2

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Joey Bronger

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What happens in the District and Supreme Court in Qld 10.2

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What happens in the District and Supreme Court in Qld 10.2

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What happens in a Magistrate's Court in Qld 10.2

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What happens in a Magistrate's Court in Qld 10.2

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What happens when you go to trial in a Queensland Magistrates Court?

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The relationship between courts and the parliament 10.2

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4.2.5 - The Relationship between Courts and Parliament

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How do courts interpret statutory law? 10.2

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How do courts interpret statutory law? 10.2

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Public Library Services, State Library of NSW

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Joey Bronger

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The Australian High Court - exercise 10.1

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The Australian High Court - exercise 10.1

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Governance in Australia 2 High Court 10.1

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Governance in Australia 2 High Court 10.1

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What is the difference between a majority and minority government 9.4?

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What is the difference between a majority and minority government 9.4?

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What's the Difference Between a Minority & Majority Government? - Behind the News

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Representative and Responsible Government 9.4

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The House of Reps vs The Senate | Politics Explained

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Inside Australia's House of Representatives 9.4

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Inside Australia's House of Representatives | Nine News Australia

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VCE Legal Studies - Separation of powers

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SEPARATION of POWERS in AUSTRALIA: Doctrine and Application | AUSSIE LAW

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Australian FEDERALISM EXPLAINED (Structure, Institutions and Powers of States and Cth) | AUSSIE LAW

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The Australian Constitution and the Separation of Powers

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The Australian Constitution and the Separation of Powers

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The Australian Constitution and the Separation of Powers

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The Governor General incl. the Dismissal 9.3

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The Governor General incl. the Dismissal 9.3

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Channel 10 1985

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An Overview of The Dismissal (Channel 10, 1985)

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AEC

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Before a referendum can be held, a bill outlining the proposed changes to the constitution must be passed by both houses of the Federal Parliament, or alternatively passed twice in either the House of Representatives or the Senate.
2. A Writ is issued
The Governor-General issues a writ for a referendum which, like an election must be held on a Saturday. It can be held with an ordinary election but can also be held separately.
3. Australians vote
The earliest a referendum can occur is the first Saturday falling two months and 33 days after the bill is passed. The latest is the final Saturday falling before six months has elapsed since the bill was passed.

There can be several proposed changes on a referendum ballot paper for voters to consider. If voters agree with a proposed change, they write 'yes' in the square on the ballot paper. If they do not agree with a proposed change, they write 'no' in the square.

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Joey Bronger

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Your browser does not support the audio element.

The Australian Constitution is a set of rules by which Australia is run.

The Constitution was written a long time ago. It can only be changed with the approval of the Australian people.

To change the Constitution, the government must hold a referendum.

Unable to watch the video? Click here to read the content

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Constitution Student

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Australian Constitution Centre, High Court Australia

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View the Constitution as a single document (PDF 584KB)
Commonwealth of Australia Constitution Act

Requests and inquiries concerning reproduction and rights should be addressed to ComLaw, which is managed by the Office of Parliamentary Counsel. ComLaw produces official versions of Australian legislation, including the Constitution, and would be best placed to deal with your request. You can contact them using a web contact form available at http://www.comlaw.gov.au/feedback. For further information, you may wish to consider the content at http://www.comlaw.gov.au/Content/Copyright.

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Australia's Federation - Behind the News

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Summary