Key Takeaways:
- Australia has recorded the highest number of Indigenous deaths in custody in four decades, with 33 deaths in the last financial year.
- Indigenous people make up 3.8% of Australia’s population but account for over one-third of the country’s prisoners.
- The data shows that First Nations people died in prison custody at more than 13 times the rate of non-Indigenous people, and in police custody at more than 10 times the rate.
- The royal commission made over 300 recommendations to prevent further deaths in custody, but many have not been enacted by governments or institutions.
- Advocates and families are calling for a new approach to address the issue, including more support for communities to stop the intergenerational imprisonment of Indigenous people.
Introduction to the Crisis
The Australian Institute of Criminology (AIC) has released disturbing data showing that the number of Indigenous deaths in custody has reached a four-decade high. In the last financial year, 33 Indigenous people died in police or prison custody, which is the largest number since records began in 1980. This is a stark reminder of the significant disparities in the Australian justice system, where Indigenous people make up only 3.8% of the population but account for over one-third of the country’s prisoners. The situation has been described as a "national crisis" by University of Melbourne Associate Professor of Criminal Law Amanda Porter, who has attended many coronial inquests with families of those who have died.
The Ongoing Toll of Deaths in Custody
The data shows that First Nations people died in prison custody at more than 13 times the rate of non-Indigenous people, and in police custody at more than 10 times the rate. This is a devastating statistic that highlights the urgent need for action to address the issue. The royal commission into Aboriginal deaths in custody, which was established in 1987, made over 300 recommendations to prevent further deaths, but many of these have not been enacted by governments or institutions. As a result, the toll of deaths in custody continues to mount, with over 600 Indigenous deaths since the royal commission. This has a profound impact on Indigenous families and communities, who are disproportionately affected by the loss of loved ones.
The Need for a New Approach
The latest report reveals that the highest number of self-inflicted deaths of Indigenous prisoners since 1979-80 occurred in the last financial year, with 10 people dying in this way. This is a stark reminder of the need for a new approach to address the issue of Indigenous deaths in custody. Advocates and families are calling for more support for communities to stop the intergenerational imprisonment of Indigenous people. This includes investing in community-led support and programs, particularly for young people, to help them understand the repercussions of their decisions and stay out of the justice system. As Lachlan Wright, the father of Jai Kalani Wright, who died in police custody, said, "It affects you, your family and your community forever, so the repercussions of not trying to do something are huge."
The Importance of Healthcare in Prisons
The report also highlights the need for better medical care and mental healthcare in prisons. Associate Professor at Curtin Law School Hannah McGlade said that Aboriginal people are at higher risk of illness and disease due to their colonial history and ongoing disadvantage. She emphasized that prisons need to provide better healthcare to address this issue. The data shows that Indigenous prisoners are dying much younger on average, at 45.5 years old, compared to 63 years old for other prisoners. This is a stark reminder of the need for urgent action to address the health disparities faced by Indigenous people in custody.
Inquest Recommendations Ignored
The royal commission made over 300 recommendations to prevent further deaths in custody, but many of these have not been enacted by governments or institutions. This includes failures to invest sufficiently in the removal of hanging points in prisons, which have led to a number of deaths in recent years. Another recommendation was that medical and mental health care for prisoners must be of the same quality as if they were outside the community. However, it seems that too many in positions of authority and responsibility are not taking this issue seriously enough. As Hannah McGlade said, "It seems that too many in positions of authority and responsibility aren’t taking this issue seriously enough."
Government Response
The federal Attorney-General Michelle Rowland has expressed concern about the latest data and urged state and territory governments to honour their Closing the Gap commitments to reduce Indigenous incarceration and review their practices in line with coronial recommendations. The NSW government has also responded, stating that it takes the issue seriously and is working hard to reduce all preventable deaths in custody. However, advocates and families are calling for more action to address the root causes of the issue, including the over-representation of Indigenous people in the justice system. As Amanda Porter said, "It’s maddening to see the number of inquests that I attend, the number of funerals that families have to attend, and the fact that we are 30 years after the royal commission, and the situation is getting increasingly worse."