Introduction

Aboriginal and Torres Strait Islander Youth have it tough in regular courts, grappling with a culturally insensitive and difficult legal system. NSW recognises the complexity of courts for certain groups, so they implement alternative courts to cater to their needs. The Youth Koori Court (YKC) in New South Wales is one of them, and is a specialised court process designed to address the over-representation of Aboriginal and Torres Strait Islander young people in the criminal justice system. Established in 2015 at Parramatta Children’s Court, the YKC operates as a modified process within the usual Children’s Court framework, offering a culturally sensitive and holistic approach to sentencing and rehabilitation.

This guide provides essential information about the Youth Koori Court, including its background, court process, cultural relevance, and outcomes. It explores how the YKC works to reduce recidivism and custodial sentences by addressing underlying risk factors and promoting community reintegration.

Background & Aims of the Youth Koori Court (YKC)

Origin of the Youth Koori Court

The Youth Koori Court was established to address the over-representation of Aboriginal young people in the criminal justice system. It began as a pilot program at the Parramatta Children’s Court in February 2015, responding directly to the disproportionate number of Indigenous youth involved in legal proceedings.

The initiative expanded to Surry Hills Children’s Court in 2019 and further extended to Dubbo in 2023. Importantly, it operates within the existing legal framework but uses a different process to better involve Aboriginal and Torres Strait Islander young people, their families, and the broader community—achieving these changes without legislative amendments.

Objectives and Role in Holistic Sentencing

Aiming to provide a culturally sensitive and holistic approach to sentencing, the Youth Koori Court uses a deferred sentencing model, delaying sentencing for up to 12 months to allow the young person to address their underlying issues.

During this period, an Action and Support Plan is developed in collaboration with:

• the young person
• their family
• Elders and respected community members
• support services

This plan focuses on key areas to reduce the risk of re-offending:

• Education
• Employment
• Health
• Housing

By involving Elders and respected community members throughout, the court ensures guidance and support remain culturally relevant. When the deferred period ends, the judicial officer considers the young person’s progress—recognising their efforts to address underlying issues—and determines the final sentence. In this way, the model promotes accountability while providing genuine opportunities for rehabilitation and reintegration into the community.

How the YKC Works & Its Deferred Sentencing Model

Eligibility & Referral Process for Aboriginal Youth

To participate in the Youth Koori Court, a young person must meet specific eligibility criteria:

• Age Requirement: The young person must be between 10 and 17 years of age at the time of the offence, and under 19 years when court proceedings commence.
• Cultural Identification: They must identify as Aboriginal or Torres Strait Islander, be descended from an Aboriginal or Torres Strait Islander person, or be accepted as such by their community.
• Legal Requirements: The young person must have pleaded guilty, indicated an intention to plead guilty, or been found guilty after a hearing.
• Sentencing Likelihood: The likely sentence must involve a community-based order with Youth Justice supervision or a control order (the Children’s Court equivalent of imprisonment).
• Voluntary Participation: The young person must be willing to engage in the Youth Koori Court process.

The Youth Koori Court operates as a specialised process within the Children’s Court system, designed to address the unique needs of Aboriginal and Torres Strait Islander young people. While it holds the same powers as the Children’s Court, it employs a distinct approach that emphasises cultural sensitivity, community involvement, and rehabilitation over punishment.

Referrals to the Youth Koori Court are typically made by the young person’s legal representative. Once referred, the court conducts a screening assessment to evaluate suitability for the program. This assessment considers factors such as:

• The availability of support services
• The young person’s commitment to the process
• The potential impact on victims or their families

Central to this process is the deferred sentencing model, which allows the court to postpone sentencing for a period of up to 12 months.

Action Support Plan & Ongoing Monitoring

A cornerstone of the Youth Koori Court process is the development of a tailored Action and Support Plan. This plan is created collaboratively with the young person, their family, Elders, legal representatives, and support services.

The plan is designed to address the specific risk factors contributing to the young person’s involvement in the criminal justice system, such as:

• Homelessness or unstable living conditions
• Disengagement from education or employment
• Substance abuse or mental health issues
• Family or social relationship problems

During the deferred sentencing period, the young person participates in this Action and Support Plan aimed at addressing underlying issues and promoting positive behavioural change. The plan outlines immediate needs and long-term goals, which may include:

• Education or vocational training
• Counselling or therapy
• Housing support
• Cultural activities to strengthen connections to the young person’s heritage

The court monitors the young person’s progress through regular court appearances, typically every 2 to 4 weeks. During these sessions, the court reviews the young person’s adherence to the plan and may adjust it as needed. Elders and respected community members play an active role in these proceedings, offering cultural guidance and support to the young person.

If the young person successfully completes the Action and Support Plan, the court takes this into account during sentencing. Often, this results in a non-custodial sentence, such as a community-based order, reflecting the young person’s efforts to address their issues and demonstrate accountability.

Cultural Relevance & Community Involvement

Role of Aboriginal Elders & Respected Community Members

Aboriginal Elders and respected community members play a pivotal role in the Youth Koori Court. They provide cultural guidance and support to young participants, enhancing the court’s legitimacy and relevance. The Youth Koori Court places a strong emphasis on cultural relevance and community involvement, integrating Aboriginal culture into its processes to create a supportive environment for young Indigenous offenders.

Elders are involved in various aspects of the court process, including:

• Providing advice during hearings
• Assisting in the development of Action and Support Plans
• Offering insights into the young person’s cultural background
• Helping identify community-based support services that can aid in rehabilitation

Their presence helps bridge the gap between the traditional criminal justice system and Indigenous cultural practices, ensuring that the court process is respectful and culturally appropriate. Additionally, their involvement provides a sense of belonging and connection for the young person, which is essential for their rehabilitation and reintegration into the community.

Establishing a Culturally Sensitive Court Environment

The Youth Koori Court takes several measures to create a culturally sensitive court environment. The courtroom setting is designed to reflect Indigenous cultural values, with artworks created by young people in custody displayed in the court. This creates a more welcoming and familiar atmosphere for Indigenous youth.

The court process itself is less formal than traditional court proceedings, with Elders and respected community members actively participating. This approach helps to break down barriers and fosters a sense of trust and cooperation between the young person, their family, and the court.

By involving the community in the court process, the Youth Koori Court aims to promote accountability and rehabilitation while respecting the cultural values of the young person. This approach is designed to address the over-representation of Aboriginal and Torres Strait Islander youth in the criminal justice system by fostering a sense of connection and respect for their cultural heritage, ultimately providing a more holistic and supportive framework for rehabilitation.

Addressing Underlying Risk Factors & Rehabilitation

Identification of Risk Factors such as Homelessness & Substance Abuse

The Youth Koori Court identifies various social and personal risk factors that contribute to offending. These factors are addressed through the development of an Action and Support Plan, which is tailored to the young person’s specific needs.

The plan focuses on key areas such as education, employment, health, and housing to reduce the risk of re-offending. Through this comprehensive approach, the court can address the root causes of criminal behaviour rather than just the symptoms.

Key risk factors identified by the Youth Koori Court include:

• Homelessness or unstable living conditions
• Disengagement from education or employment
• Substance abuse or mental health issues
• Family or social relationship problems

Rehabilitation Efforts and Community Reintegration

The Action and Support Plan is a cornerstone of the Youth Koori Court process, supporting rehabilitation and long-term reintegration into family and community life. This plan is not created in isolation, but rather developed collaboratively with:

• The young person
• Their family
• Elders
• Legal representatives
• Support services

The plan outlines both immediate needs and long-term goals, which may include:

• Education or vocational training
• Counselling or therapy
• Housing support
• Cultural activities to strengthen connections to the young person’s heritage

The court monitors the young person’s progress through regular court appearances, typically every 2 to 4 weeks. During these sessions, the court reviews the young person’s adherence to the plan and may adjust it as needed.

Elders and respected community members play an active role in these proceedings, offering cultural guidance and support to the young person. Their involvement ensures that rehabilitation efforts are culturally appropriate and meaningful.

If the young person successfully completes the Action and Support Plan, the court takes this into account during sentencing. Often, this results in a non-custodial sentence, reflecting the young person’s efforts to address their issues and demonstrate accountability.

Outcomes & Impact of the Youth Koori Court

Reduction in Custodial Sentences & Recidivism Rates

The Youth Koori Court has demonstrated significant success in reducing custodial sentences and recidivism rates among young Indigenous offenders. Studies have shown that participants in the program are 40% less likely to receive a custodial sentence compared to those processed through the regular Children’s Court.

Additionally, for those who do re-offend, the likelihood of receiving a custodial penalty is reduced by 84%. These outcomes highlight the effectiveness of the court’s holistic approach, which focuses on rehabilitation and addressing underlying issues rather than punishment.

Key findings from the NSW Bureau of Crime Statistics and Research include:

• 40% reduction in custodial sentences for participants compared to traditional court processes
• 84% reduction in custodial penalties for re-offenders who went through the Youth Koori Court
• A noticeable decrease in recidivism rates, particularly for property crimes, with participants being less likely to re-offend within the first 12 months after completing the program

These results clearly underscore the court’s ability to address the root causes of offending behaviour and promote positive behavioural change.

Success Stories & Program Expansion

The Youth Koori Court has achieved several milestones since its establishment in 2015. One of the most notable successes is its expansion from the initial pilot program at Parramatta Children’s Court to additional locations.

Key achievements include:

• Expansion to Surry Hills Children’s Court in 2019, allowing more young people to benefit from the court’s culturally sensitive approach
• Further expansion to Dubbo in 2023, bringing the program to regional areas and demonstrating its adaptability to different communities
• Positive feedback from participants and stakeholders, highlighting the program’s effectiveness in fostering accountability and rehabilitation

This expansion reflects the program’s positive impact and the growing recognition of its value in addressing the over-representation of Indigenous youth in the criminal justice system. The expansion of the Youth Koori Court is a testament to its success and the broader recognition of the need for culturally appropriate justice processes for Indigenous youth.

Conclusion

The Youth Koori Court in New South Wales represents a significant advancement in addressing the over-representation of Aboriginal and Torres Strait Islander young people in the criminal justice system. By providing a culturally sensitive and holistic approach to sentencing, the court has demonstrated its effectiveness in reducing custodial sentences and recidivism rates. The integration of Elders and community members, along with the development of tailored Action and Support Plans, has proven to be a powerful tool in supporting rehabilitation and reintegration into the community.

If you or someone you know is involved in the criminal justice system and could benefit from the Youth Koori Court process, it is essential to seek expert legal advice. Contact Daoud Legal, a trusted criminal law firm in Sydney, to explore how their specialised services can assist in navigating this process and ensuring the best possible outcomes.

Frequently Asked Questions