Develop knowledge and confidence in hearing bail applications involving Aboriginal and Torres Strait Islander people in this expert-led discussion of legislative changes to the Bail Act 1977.
This session will:
- explore the expansion of the mandatory considerations in section 3A of the Bail Act, and hear how the provisions are being experienced in the courts 6 months on
- build your knowledge around some of the most important aspects of the services provided to First Peoples across courts
- identify broader systemic factors that drive inequality and strengthen your awareness of factors that make Aboriginal people particularly vulnerable in custody.
This session has been designed in collaboration with the Victorian Aboriginal Legal Service.
Note: This program is open to judicial officers only.
Chair.
Magistrates’ Court of Victoria
Magistrate Rose Falla
Magistrate Rose Falla is a Wotjobaluk, Wemba Wemba and Mutti Mutti woman. Her Honour’s career has intersected both the private and public sectors with a strong focus on Aboriginal Affairs. After completing her Bachelor of Laws at Deakin University, Magistrate Falla was employed as a Legal Officer at the Department of Justice and was instrumental in the establishment of the first Koori Courts in Victoria. Magistrate Falla went on to enjoy various roles within the OPP such as Principal Solicitor and Associate to the Director of Public Prosecutions. Her Honour has enjoyed a fulfilling legal career, culminating in her appointment as a Magistrate in 2013. Magistrate Falla is the first Aboriginal Magistrate appointed in the State of Victoria. In October 2019, she was awarded an Honorary Doctorate, from Deakin University in recognition of her career in law and her service to the community through the establishment of the first Koori Courts in Victoria. In January 2020, Magistrate Falla was appointed the Supervising Magistrate for Koori Justice, Magistrates’ Court of Victoria.
Magistrates’ Court of Victoria
Magistrate Rose Falla
Magistrate Rose Falla is a Wotjobaluk, Wemba Wemba and Mutti Mutti woman. Her Honour’s career has intersected both the private and public sectors with a strong focus on Aboriginal Affairs. After completing her Bachelor of Laws at Deakin University, Magistrate Falla was employed as a Legal Officer at the Department of Justice and was instrumental in the establishment of the first Koori Courts in Victoria. Magistrate Falla went on to enjoy various roles within the OPP such as Principal Solicitor and Associate to the Director of Public Prosecutions. Her Honour has enjoyed a fulfilling legal career, culminating in her appointment as a Magistrate in 2013. Magistrate Falla is the first Aboriginal Magistrate appointed in the State of Victoria. In October 2019, she was awarded an Honorary Doctorate, from Deakin University in recognition of her career in law and her service to the community through the establishment of the first Koori Courts in Victoria. In January 2020, Magistrate Falla was appointed the Supervising Magistrate for Koori Justice, Magistrates’ Court of Victoria.
Speakers.
Supreme Court of Victoria
Justice Rita Incerti
Having gained extensive legal experience specialising in health law, insurance law and personal injuries litigation, Justice Incerti was sworn in as an Associate Justice of the Supreme Court of Victoria in March 2010. As an Associate Justice, her Honour assisted with the Kilmore East-Kinglake bushfire litigation, a large class action arising from the 2009 Black Saturday bushfires.
Her Honour was appointed as a Justice of the Supreme Court in February 2015, becoming the first Associate Justice to be appointed a Justice in the history of the Supreme Court. Her Honour oversaw hundreds of cases listed in the Supreme Court’s Personal Injuries and Dust Diseases List. Since joining the Criminal Trial Division, her Honour has presided over a series of complex judge-alone trials and has delivered several significant bail decisions, including on the most recent bail reforms.
Previously, her Honour completed a Bachelor of Arts, a Diploma of Education and a Diploma of Special Education at the University of Melbourne and worked as a teacher, before returning to the University of Melbourne to study law full-time in 1991. Her Honour graduated with first class honours, winning the Anna Brennan Memorial Prize and the Joan Rosanove QC Memorial Prize.
Supreme Court of Victoria
Justice Rita Incerti
Having gained extensive legal experience specialising in health law, insurance law and personal injuries litigation, Justice Incerti was sworn in as an Associate Justice of the Supreme Court of Victoria in March 2010. As an Associate Justice, her Honour assisted with the Kilmore East-Kinglake bushfire litigation, a large class action arising from the 2009 Black Saturday bushfires.
Her Honour was appointed as a Justice of the Supreme Court in February 2015, becoming the first Associate Justice to be appointed a Justice in the history of the Supreme Court. Her Honour oversaw hundreds of cases listed in the Supreme Court’s Personal Injuries and Dust Diseases List. Since joining the Criminal Trial Division, her Honour has presided over a series of complex judge-alone trials and has delivered several significant bail decisions, including on the most recent bail reforms.
Previously, her Honour completed a Bachelor of Arts, a Diploma of Education and a Diploma of Special Education at the University of Melbourne and worked as a teacher, before returning to the University of Melbourne to study law full-time in 1991. Her Honour graduated with first class honours, winning the Anna Brennan Memorial Prize and the Joan Rosanove QC Memorial Prize.
Victoria Legal Aid
Ashley Morris
Ashley Morris is a Gunditjmara man currently living in central Victoria. Ashley joined Victoria Legal Aid in October 2023 as the Director, First Nations Services. In this role, he has successfully expanded the First Nations Services team and advocated for the establishment of a stand-alone First Nations Services directorate, which will enhance First Nations leadership and provide clear governance for all VLA’s First Nations projects and initiatives.
Before this position, Ashley was the Manager of Koori Services and Programs at the Children’s Court of Victoria. There, he led the development and delivery of the Children’s Court Self-Determination Plan and managed the effective expansion of Koori services and programs within the court.
Ashley also served as the Koori Services Coordinator at Broadmeadows Children’s Court, where he led the development and implementation of the Marram-Ngala Ganbu Koori Family Hearing Day. In addition to these roles, he has held various positions across the Koori Justice sector, including in Youth Justice, Corrections, Family Violence, and Criminal Koori Courts. His work included running diversionary programs for Koori young people, case managing offenders on court orders, and expanding the Children’s Koori Court to all existing Koori Court locations.
Victoria Legal Aid
Ashley Morris
Ashley Morris is a Gunditjmara man currently living in central Victoria. Ashley joined Victoria Legal Aid in October 2023 as the Director, First Nations Services. In this role, he has successfully expanded the First Nations Services team and advocated for the establishment of a stand-alone First Nations Services directorate, which will enhance First Nations leadership and provide clear governance for all VLA’s First Nations projects and initiatives.
Before this position, Ashley was the Manager of Koori Services and Programs at the Children’s Court of Victoria. There, he led the development and delivery of the Children’s Court Self-Determination Plan and managed the effective expansion of Koori services and programs within the court.
Ashley also served as the Koori Services Coordinator at Broadmeadows Children’s Court, where he led the development and implementation of the Marram-Ngala Ganbu Koori Family Hearing Day. In addition to these roles, he has held various positions across the Koori Justice sector, including in Youth Justice, Corrections, Family Violence, and Criminal Koori Courts. His work included running diversionary programs for Koori young people, case managing offenders on court orders, and expanding the Children’s Koori Court to all existing Koori Court locations.
Victorian Aboriginal Legal Service
Grace Buschgens
Grace is the Principal Managing Lawyer of the Criminal Law Practice at the Victorian Aboriginal Legal Service (VALS). She has 10 years' experience working in the criminal law jurisdiction, having worked at the County Court and Victoria Legal Aid as an associate, lawyer, and manager before joining VALS in 2023. Grace holds a Bachelor of Laws/Bachelor of Arts and is currently pursuing a Master’s in Human Rights Law at Monash University.
Victorian Aboriginal Legal Service
Grace Buschgens
Grace is the Principal Managing Lawyer of the Criminal Law Practice at the Victorian Aboriginal Legal Service (VALS). She has 10 years' experience working in the criminal law jurisdiction, having worked at the County Court and Victoria Legal Aid as an associate, lawyer, and manager before joining VALS in 2023. Grace holds a Bachelor of Laws/Bachelor of Arts and is currently pursuing a Master’s in Human Rights Law at Monash University.