An inquest into the death of an Indigenous woman who died in Victoria's Sunshine Hospital whilst in custody will begin on Monday and will examine the role of prison healthcare and parole law.
Yamatji, Noongar, Wongi and Pitjantjatjara woman Heather Calgaret died at Sunshine Hospital in November 2021, having been found in a critical condition by her sister at Dame Phyllis Frost Centre Prison.
She had been eligible for parole since December 2020, and would have been eligible for release in February 2022, however Ms Calgaret was denied parole in October 2021 due to a lack of suitable accommodation.
In February, Ms Calgaret's mother, Jenny Calgaret, said she set her house up "right" so Heather and her sister Suzzane could stay there when they got parole.
"I don't think Heather was given a fair chance at parole," she said.
"I don't know why they thought my house was unsuitable, only Heather's brother and I were at home and there is nothing wrong with my house."
Criticism of parole has often centred on low socio-economic families being detrimentally impacted by stringent conditions that fail to take into account factors outside of their control — including poverty.
"I still don't understand what they expected, did they expected me to have a mansion?" Jenny Calgaret said.
"If Heather had gotten parole, she would be alive today. The whole family would have supported her. There's no way she would have died if she was living with us."
The scope of the inquest will include the cultural appropriateness and quality of healthcare provided to Ms Calgaret at the Dame Phyllis Frost Centre.
The Victorian Aboriginal Legal Service (VALS), who are representing Ms Calgaret's family at the hearing, successfully submitted to also have the inquest include an examination of her parole application - including any delays - as well the availability of programs at the prison to help Ms Calgaret be eligible for parole and support for her to obtain suitable accommodation.
Apryl Day, the daughter of Tanya Day - whose death in a police cell after being arrested for being drunk on a train in 2017 was the catalyst for the repeal of public drunkenness laws in Victoria - argued Ms Calgaret's "unjust denial of parole in 2021" is one of many examples of the "failures in Victoria's legal system".
"Had the parole system prioritised community care over punishment, Heather would still be here with her family today," Ms Day said.
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The hearing in Naarm will also look at whether an 8mg dose of Buprenorphone Ms Calgaret received the day prior to being found unconscious was a factor in her death.
This is not the first inquest to examine an Indigenous woman's death at the Dame Phyllis Frost Centre in Melbourne's west.
The death of Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson in January 2020 at the facility, where she used the cell intercom to call for help 49 times in the 36 hours before she died, led to an overhaul of the state's bail laws — described as an "complete and unmitigated disaster" by the coroner.
Leaked emails obtained by The Age from then Dame Phyllis Frost Centre general manager Tracy Jones on the first day of Ms Nelson's coronial inquest in April 2022 complained that the media had created a "very negative image" of Nelson's death, and urged colleagues to not take it personally.
Ms Jones told a boardroom debrief two weeks after Ms Nelson's death that she was "proud" of the way Ms Nelson had been treated in her final hours, arguing staff had "sensitively managed the intercom calls".
In response to the findings, the Victorian Government announced private healthcare providers would be replaced by public healthcare services in Victoria's women's prisons.
In February, Jenny Calgaret said of her daughter's treatment: "They did not give her the healthcare she deserved".
VALS Principal Managing Lawyer, Sarah Schwartz labelled Victoria's parole system is a "disaster" which disproportionately impacted "Aboriginal and Torres Strait Islander women like Heather".
"No family should have to face their loved one dying in a prison cell, no child should lose their mother to a cruel prison system. I admire the strength of Heather's family, who deserve answers and justice through this process," she said.
Ms Schwartz also said she hoped Premier Jacinta Allan was watching the proceedings to commit to taking "real action to prevent more deaths like Heather's".
"The parole system in Victoria makes it harder for people to be supported in the community, discriminates against people who don't have access to housing, and steals away people's lives. The parole system is making communities less safe," she said.
Ms Day, who is also the executive officer of the Dhadjowa Foundation, agrees.
"The Allan Government must recognise its role in denying Heather and her family the opportunity for reunite and take immediate action to prevent further deaths," she said.
"It's unacceptable for families to bear the burden of advocacy while grieving their loved ones."
The hearing begins on Monday.
