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Lawyers nationwide condemn inaction on Indigenous incarceration
Member associations and legal advocacy groups have been unanimous in their condemnation of federal, state and territory governments and its failure to address the over-representation of Indigenous Australians in the criminal justice system.
Jerome Doraisamy
One year ago, the Australian Law Reform Commission published its Pathways to Justice: Inquiry into the Incarceration Rates of Aboriginal and Torres Strait Islander Peoples, which provided recommendations for governments across the nation to reduce over-incarceration and overcoming disadvantages in the justice system.
“Yet, twelve months on from the ALRC report, we have not seen any commitment from federal or NSW governments to implement and properly resource the report’s recommendations,” NSW Bar Association president Tim Game SC said.
“The time for action is now – it is an embarrassment that, twelve months on from the ALRC Report, there has been no meaningful response from federal and state governments on what is the most important single issue facing our justice system,” Mr Game said.
“Indigenous imprisonment rates represent a blight on our justice system and without a meaningful response from government, the problem will only get worse. Major changes to facilitate substantive, not just formal, equality before the law are urgently required,” he added.
Law Council of Australia president Arthur Moses SC took a similar hardline approach, saying the federal government’s “apparent indifference was troubling and demonstrated a failure to understand that Aboriginal-led solutions are essential and effective”.
“Pathways to Justice painted a grim picture of the national tragedy that is overwhelmingly high Indigenous incarceration rates, but it also offered practical law reform processes that can help us turn the tide,” Mr Moses said.
“The lack of government action also demonstrates a lack of respect for the ALRC, which exists to help ensure Australian law reform is good reform. Ignoring this report is an affront to the arduous work that went into it. The fact is that Aboriginal and Torres Strait Islander Australians are the most incarcerated people on Earth, which is a national disgrace and international embarrassment.”
The Victorian Bar echoed these sentiments, expressing its “disappointment at the lack of adequate responses by governments, at all levels”.
“Aboriginal and Torres Strait Islander people are unacceptably over-represented in Australia’s prison populations,” said Vic Bar president Dr Matt Collins QC.
“The imprisonment rate for Aboriginal and Torres Strait Islander people is 12.5 times higher than the rate of imprisonment for non-Indigenous people — 20 times higher for Aboriginal and Torres Strait Islander women, and Indigenous youth are 16 times more likely than their non-Indigenous counterparts to be under youth justice supervision.”
Law Society of NSW president Elizabeth Espinosa said the federal government “must set out its response” and noted that innovative solutions are needed to address the underlying causes of Indigenous incarceration and offending.
“The disproportionate and escalating rate of Indigenous incarceration is shameful,” Ms Espinosa said.
“This is a national crisis that requires a comprehensive response from all levels of government, underpinned by Indigenous community empowerment and principles of self-determination. The over-incarceration of Indigenous people contributes significantly to the high mortality rate of our nation’s First People.”
“Research indicates that high rates of repeated short-term incarceration experienced by Aboriginal people in Australia have a multitude of negative health effects for Indigenous communities and the wider society. Furthermore, the incarceration of Indigenous adults also impacts on their families and communities, potentially placing Indigenous children at an increased risk of being placed in care and protection,” she added.
The ALRC report provides “real, tangible recommendations” that the government has had the chance to consider and implement, Mr Moses said, but unfortunately, the government’s “silence is deafening”.
“It is compounded by other governments’ failures to act. Only last week the Northern Territory Parliament passed an act which strips away key safeguards to protect children which were recommended by the Northern Territory Royal Commission into Protection and Detention of Children,” he said.
“The time for change is now – the world is watching.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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