By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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The Koori court is a separate division of the Magistrates Court, County Court and Children's Court, which exists to deliver more inclusive and culturally appropriate sentencing to Aboriginal defendants. This specialized court system represents Victoria's commitment to addressing the over-representation of Indigenous Australians in the criminal justice system through culturally sensitive approaches.
Koori Court hearings include Koori Elders, Respected Persons, the Koori Court Officer and the defendants' Koori families. The court seeks to impose sentencing orders that are culturally appropriate and to assist the defendants to address the causes of their offending. The Koori Court has existed as a division of Magistrates Court since 1989. A Koori division of the Children's Court was introduced in 2005 and of the Country Court in 2008.
The establishment of these courts acknowledges that traditional Western legal processes may not effectively address the needs of Aboriginal and Torres Strait Islander offenders, who face unique cultural, social, and historical challenges within the justice system.
Who can use the Koori Court?
Eligibility Requirements
The Koori Court is for Aboriginal and Torres Strait Islanders who plead guilty. For a matter to be dealt with by the Koori Court, the offender must:
- Have shown a willingness to take responsibility for their actions;
- Live within, or have been charged within, the boundary area of a Koori Court; and
- Consent to their matter being heard by the Koori Court.
Excluded Offences
The Koori Court does not hear matters involving family violence or sexual offences. These exclusions ensure that the most serious violent offences remain within the conventional court system where specialized expertise and resources are available.
Additionally, the court typically handles summary offences and some indictable offences heard summarily, focusing on matters where community-based solutions and cultural healing can be most effective.
How is the Koori Court different?
Cultural Advisory Role
Magistrates and judges presiding over the Koori Court are advised by Aboriginal Elders and Respected Persons as to cultural issues relating to the defendant. The inclusion of these voices sends the defendant a clear message that the Koori community as well as the non-Koori community disapproves of their behaviour. The Elders and Respected Persons can also explain relevant kinship relationships to the court and provide insight on how particular types of offending have affected the Aboriginal community.
The ultimate decision about sentencing orders rests with the Magistrate or Judge as it does in conventional court hearings.
Court Atmosphere and Process
The Koori Court is less formal than conventional court. The proceedings are conducted in plain English and defendants are allowed to speak for themselves. The Koori Court aims to make it easier for Koori defendants to engage with the criminal justice system in a meaningful way and to reduce their offending behaviour.
Court participants often sit around a table rather than in traditional courtroom arrangements, fostering dialogue rather than adversarial proceedings. This setup encourages open communication and allows family members and support people to participate more meaningfully in the process.
What sentencing options are available?
Traditional Sentencing Powers
The court retains all the sentencing options available during conventional court hearings, including sending the offender to prison. The goal of the Koori court is to structure sentences that are more culturally appropriate to Aboriginal offenders and in so doing reduce the likelihood of re-offending and increase the positive engagement of the Koori community in the justice system.
Culturally Appropriate Orders
Under the Sentencing Act 1991 (Vic), courts can consider cultural factors when determining appropriate sentences. The Koori Court emphasizes community-based orders, cultural programs, and connections to country as alternatives to imprisonment where appropriate. These may include participation in cultural healing programs, connection with traditional owners, and engagement with Aboriginal community organizations.
The Children's Koori Court
Addressing Youth Disconnection
The Koori division of the Children's Court has been successful in reaching Koori youth who have limited family support and are disconnected from their community. The presence of Aboriginal Elders in the court has been reported to make young people and their families feel able to talk about issues that they ordinarily would not.
The goal of the Children's Koori Court is to reduce the over-representation of Koori youth in the juvenile justice system in Victoria and increase Aboriginal ownership of the administration of justice.
Research Findings
A 2010 study found that Children's Koori Court hearings:
- Involved more engagement between the young person and the magistrate than conventional court hearings;
- Were highly supportive of the young person and validated the young person (but not the offending);
- Explained the sentence was clearly to the young person;
- Were less formal than hearings in the mainstream Children's Court.
However it was not possible to evaluate the extent to which the Children's Koori Court reduces recidivism given its relatively recent commencement and the small proportion of young offenders it processes.
Legal Framework and Legislation
The Koori Courts operate under various Victorian Acts including the Magistrates' Court Act 1989 (Vic), the County Court Act 1958 (Vic), and the Children, Youth and Families Act 2005 (Vic). These pieces of legislation provide the statutory framework for the courts' operation while allowing for culturally appropriate modifications to standard procedures.
The courts also operate in accordance with the Charter of Human Rights and Responsibilities Act 2006 (Vic), which recognizes the distinct cultural rights of Aboriginal persons and emphasizes the importance of cultural identity in the administration of justice.
Locations and Accessibility
Court Locations
Koori Courts operate in various locations across Victoria, including metropolitan Melbourne and regional centers. The geographic spread ensures that Aboriginal and Torres Strait Islander people across the state have access to culturally appropriate justice processes.
Community Partnerships
These courts work closely with local Aboriginal Community Controlled Organizations, health services, and cultural groups to provide holistic support to defendants. This collaborative approach ensures that court orders connect offenders with appropriate cultural, social, and therapeutic supports in their communities.
Frequently Asked Questions
Can non-Indigenous people appear in Koori Court?
No, the Koori Court is specifically designed for Aboriginal and Torres Strait Islander people only. Defendants must identify as Aboriginal and/or Torres Strait Islander to be eligible for the Koori Court process. This specialization allows the court to focus on culturally specific approaches to justice.
What happens if I don't consent to my matter being heard in Koori Court?
Consent is mandatory for Koori Court proceedings. If you do not consent or later withdraw your consent, your matter will be transferred to the conventional court system. You have the right to
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