Table Of ContentPALGRAVE STUDIES IN RACE, ETHNICITY,
INDIGENEITY AND CRIMINAL JUSTICE
Indigenous Courts,
Culture and Partner
Violence
Elena Marchetti
Palgrave Studies in Race, Ethnicity, Indigeneity
and Criminal Justice
Series Editors
Chris Cunneen
University of Technology Sydney
Sydney, NSW, Australia
Katheryn Russell-Brown
University of Florida
Gainesville, FL, USA
Shaun L. Gabbidon
Penn State Harrisburg
Middletown, PA, USA
Steve Garner
School of Social Sciences
Cardiff University
Cardiff, UK
This pioneering series brings much-needed attention to minority,
excluded, and marginalised perspectives in criminology, centred on
the topic of ‘race’ and the racialization of crime and criminal justice
systems. It draws on a range of theoretical approaches including criti-
cal race theory, critical criminology, postcolonial theory, intersectional
approaches and Indigenous theory. The series seeks to challenge and
broaden the current discourse, debates and discussions within con-
temporary criminology as a whole, including drawing on the voices of
Indigenous people and those from the Global South which are often
silenced in favour of dominant white discourses in Criminology.
More information about this series at
http://www.palgrave.com/gp/series/15777
Elena Marchetti
Indigenous Courts,
Culture and Partner
Violence
Elena Marchetti
Griffith Law School
Griffith University
Brisbane, QLD, Australia
Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice
ISBN 978-1-137-58062-7 ISBN 978-1-137-58063-4 (eBook)
https://doi.org/10.1057/978-1-137-58063-4
Library of Congress Control Number: 2019930708
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Limited
2019
The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance
with the Copyright, Designs and Patents Act 1988.
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse
of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and
transmission or information storage and retrieval, electronic adaptation, computer software, or by
similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are exempt
from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this
book are believed to be true and accurate at the date of publication. Neither the publisher nor the
authors or the editors give a warranty, express or implied, with respect to the material contained herein
or for any errors or omissions that may have been made. The publisher remains neutral with regard to
jurisdictional claims in published maps and institutional affiliations.
Cover illustration: GettyImages-601007075
This Palgrave Macmillan imprint is published by the registered company Springer Nature Limited
The registered company address is: The Campus, 4 Crinan Street, London, N1 9XW, United Kingdom
Acknowledgements
This book is the product of research that was possible because of two
Australian Research Council (ARC) grants. The first was a Discovery
Project (awarded together with an Australian Research Fellowship)
which I attained with Professor Kathleen Daly and Dr Jackie Huggins,
both of whom I owe a great deal of gratitude. They were both willing
to become Chief Investigators on the grant application, despite the
fact that they were already over-burdened with other work. They saw
value in the research and agreed to participate in the project as needed.
Without their guidance, mentorship, friendship and support, I may
never have achieved what I was able to achieve. The second grant was an
ARC Future Fellowship grant, which allowed me to further analyse the
data from the first grant and to produce this book. Without both these
grants, this book probably wouldn’t exist.
Writing this acknowledgement is possibly more difficult than writing
the book. I say this because I want to make sure I mention and thank
the people who helped so much with the research that underpins this
book and in writing the book. First and foremost, I am deeply grate-
ful to the men and women I interviewed, who had either been through
an Indigenous sentencing court process or whose partners had been
v
vi Acknowledgements
through the process. They agreed to talk to a non-Indigenous stranger
about their experiences of court and in doing so, placed their trust in
me that I would not only listen to and respect what they said, but that
I would also not misuse their words. I have tried my very best to do
this, because I know that their trust was not given lightly and that I
have been very fortunate to have been allowed into their lives, even
for the briefest of moments, considering how much damage research
has caused Indigenous people and communities in the past. The topic
of this book, Indigenous sentencing courts and their use for partner
violence offending, is not an easy one to digest, particularly after wit-
nessing the poverty, marginalisation and discrimination that many
Indigenous people face on a daily basis. There is much stereotyping that
occurs when people discuss Indigenous domestic and family violence,
and very little understanding of the complexities of the lived experi-
ences of Indigenous people as a result of the enduring injustices of col-
onisation. I hope in this book that I have discussed the topic of partner
violence within the context of Indigenous sentencing courts, with sensi-
tivity, compassion and a sufficient level of understanding to do justice in
reporting the information provided by the men and women who agreed
to speak to me. This book is as much theirs as it is mine.
Secondly, I would like to sincerely thank the Elders, Community
Representatives and Indigenous court workers who assisted me in
conducting the fieldwork for this book. They are: the late Aunty
Kate, Gail Wallace, Michelle Wellington, Victor Darcy, Aunty Carol
Willie, Graeme White, Dion Devow, Rachelle Kelly, Aunty Nancy,
Aunty Dolly, and Craig Casey. In Mt Isa, I am also indebted to Father
Mick and Brother Martin who under the auspices of the North West
Queensland Indigenous Catholic Services do an enormous amount of
work in the community to help those in need and to assist the Murri
Court. Other members of the Advisory Group who assisted throughout
the research by providing crucial advice and contacts are John Hinchey,
Samantha Harring and Kyalie Moore. Magistrates who I met early on
in my research into Indigenous sentencing courts and who guided my
future research focus are: Former Chief Magistrate Diane Fingleton,
Magistrate Tina Previtera, Magistrate Annette Hennessy, Magistrate
Doug Dick, Magistrate Wayne Evans and Magistrate Bevan Manthey.
Acknowledgements vii
The courts and the public are fortunate to have magistrates like these
presiding over Indigenous sentencing courts. Many have become good
friends who have continued to support my research career and I am
very grateful for that.
Research Assistants who have provided valuable cultural advice and
support for my work are Vanessa Cavanagh and Debbie Bargallie—they
have been (and continue to be) loyal and supportive friends. Other
Research Assistants who have worked with me during the research or
book writing phase of the project are Riley Downie, Priya Vaughan,
Trent Shepherd and Amelia Radke. Thank you so much to all of you
for reading drafts, organising trips, collecting relevant materials and for
continuing to be enthusiastic about my work.
To my loving sister, Domenica Bohmer and her wonderful fam-
ily, Jon, Jemma, Mikayla and Andrew, thank you for always believing
in me, listening to my passionate rants about justice and being patient
when I have been over-loaded with work. Marilyn and Ben, thank you
for always being there for me, no questions asked. Richard Leghissa,
thank you for taking me on a journey that has taught me a lot about
love, relationships and friendship. To my many dear friends (you know
who you are), thank you for also putting up with my often-outspoken
passion for justice and equality, for lifting me up when I’ve been down
and for being loyal and fabulous friends of mine. Colleagues (who are
also good friends) who have always been there to cheer me on and offer
helpful advice throughout my career are Janet Ransley, Mary Keyes
(thank you for the book writing meetings!!), Susan Dennison, Thalia
Anthony, Andrew Goldsmith, Alessandro Pelizzon, Lorraine Mazerolle,
Nan Seuffert and Ian Buchanan. There are many others of course, in
particular the wonderful female colleagues in the School of Law and
School of Criminology and Criminal Justice, Griffith University
with whom life in academia just wouldn’t be the same. Another spe-
cial person who deserves mention and my gratitude is Aunty Barbara
Nicholson. Although not directly involved in this research project,
Aunty Barb has been a rock of support and provider of sage advice in
many, many ways.
viii Acknowledgements
I dedicate the book to my mum who passed away during the research
project. I know she would have been proud of my achievement and that
she is still watching and guiding me every day.
Contents
1 Introduction 1
2 Partner Violence—Global, Legal and Indigenous
Perspectives 13
3 Indigenous and Domestic and Family Violence Specialist
Courts 31
4 Indigenous Sentencing Courts in Two Australian States 53
5 The Role of Elders and Community Representatives
and How It Impacts on Perceptions of Justice 77
6 Couples Who Stayed Together 101
7 Couples Who Separated 125
8 De-colonising ‘What Works’ 149
ix
