WHAT IS THE KOORI COURT DIVISION?
The legislative definition of the Koori Court Division is laid out by the Koori Court Act.[19] The Act states that the Division should be established with “the objective of ensuring greater participation of the Aboriginal community in the sentencing process of the Magistrates’ Court through the role to be played in that process by the Aboriginal Elder or respected person and others.”[20] This is one of the few truly prescriptive sections of the Act. The rest of the Act deals mainly with granting authority to the Magistracy to develop the Court. This is with the exception of s 4D (4) and (5) which state respectively that: The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit. And that: The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it
