Indigenous Incarceration: Insights from those in the Criminal Justice System
In: http://hdl.handle.net/1885/15416
2016 will mark 25 years since the final Royal Commission into Aboriginal Deaths in Custody (RCIADIC) report was tabled. In the RCIADIC report, the disproportionately high levels of aboriginal deaths in custody were attributed to the significant over-representation of indigenous people in custody (Hammond et al. 1991, Nat Reports Vol 1, Ch. 1, 1.3). In the intervening years, despite significant government resources being allocated to the problem, the indigenous incarceration rate has continued to rise, with Aboriginal and Torres Strait Islander (ATSI) people '15 times more likely to be imprisoned than non-indigenous Australians' (AHRC 2014, p100). The effects of the high level of indigenous incarceration are numerous, including but not limited to health impacts (PHAA 2010, p3), intergenerational impacts (Weatherburn 2014, p 8), a higher risk of recidivism ((Weatherburn 2014, p 8) and other socio economic impacts (Weatherburn 2014, p 8). The logical response to the continuing high rates of indigenous incarceration is to seek further information and perhaps alternative insights into why the problem continues to get worse. This research project seeks to add to the body of knowledge about the problem of indigenous incarceration through harnessing the opinions and expertise of those at the coal face, with a particular focus on state and Federal public policy options. The professionals that work in or in relation to the criminal justice system were identified as having significant 'coal face' expertise and insights regarding indigenous incarceration issues. Whilst it appears that this group has some opportunities to provide their expert opinions regarding public policy approaches to indigenous incarceration to government such as via Parliamentary enquiries or similar, the consultation process appears to be fairly ad-hoc, focusing on a specific issue rather than a broader public policy approach. The research design adopted was semi-structured interviews with the participants, coupled with secondary research via sources such as academic literature and government reports. Seven professionals from or working in relation to the criminal justice field were interviewed, with a focus on public policy responses. Their insights were collated into key findings (see Chapter 3) and analysed to produce a number recommendations for consideration (noting the small sample size significantly reduced the ability to make definitive conclusions). The resulting recommendations were: 1. A national forum be established to garner the opinions and expertise of those working within or in relation to the criminal justice system to inform state, territory and Federal government on a regular rather than ad-hoc basis and covering a broad public policy approach, rather than only looking at specific issues at any one time . 2. Indigenous people be supported (including appropriate training and resourcing) to participate more in attempts to address indigenous incarcerations . 3. Federal government adopts a leadership role regarding public policy approaches to indigenous incarceration. 4. 'Justice targets' be added to the existing 'Closing the Gap' Framework. 5. A Royal Commission or similar broad ranging investigation of indigenous incarceration issues be considered to investigate what the issues are, what the impediments are to addressing the issues, and provide recommendations for future action. 6. Long term funding (not linked to election cycles) be provided to agencies to provide certainty and allow the agencies to develop and evaluate strategies that work over time. 7. Consideration be given to establishing a statutory authority to oversee the funding and implementation of policies seeking to address key indigenous issues. 8. Alternatives to 'standard' criminal justice responses be provided (and resourced), allowing greater options for courts, the defendants and others affected to find alternative and more appropriate solutions.
