Haley Terei, who claimed to be a Yorta Yorta nation member, was released on bail while she faced various charges.
However, she was later arrested and charged with perjury.
According to her, she inherited her Aboriginal ancestry from her maternal line.
However, her mother passed away when she was three years of age, preventing her from fully connecting with her culture.
On May 30, Justice Rita Incerti allowed Terei to apply for bail. She noted that due to her Aboriginal background, she was more vulnerable and could be at risk of harm in jail.
After prosecutors applied to have her bail revoked, the judge decided to do so.
In her written judgment, Incerti noted that she had failed to comply with the conditions of her bail. She also allegedly lied to the court about being from an Aboriginal background.
According to the police informant, who had monitored her phone calls, Terei’s mother was actually in New Zealand.
The judge noted that it was clear that she didn’t belong to Australia’s Aboriginal community.
However, she noted that it was still not easy for people with this background to secure bail in the state.
In her written judgment, Incerti noted that the amendments made to the bail laws did not provide a more lenient standard for Aboriginal people.
Instead, they require that the decisions made by decision-makers take into account the unique factors that affect them.