The first phase of an independent review by the Jumbunna Institute for Indigenous Education and Research at the University of Technology Sydney highlights ACT Government programs that have made positive impacts, but also that more work is needed to reduce over-representation of First Nations people in the criminal justice system.
The review demonstrates the positive impacts of the ACT Government's bail support programs and culturally appropriate sentencing, and more critically identifies areas for further work in relation to the Australian Law Reform Commission's 2018 'Pathways to Justice' report recommendations.
Attorney-General Shane Rattenbury said while the report demonstrates the effectiveness of culturally appropriate and community-led programs, it more importantly identifies where the ACT needs to go next to address the systemic issues disadvantaging First Nations people.
"We commissioned this review because we are seeking to make improvements, and this first phase has identified things that are working well, and more improvements to make," the Attorney-General said.
"The ACT justice system is significantly more likely to arrest, prosecute and jail First Nations people than non-indigenous people. Many traditional justice system features are not designed with the needs of First Nations people in mind creating disadvantage which often leads to incarceration.
"With more First Nations people in our decision-making processes, we will see a more coordinated and transparent approach, more government accountability, more community-led solutions that are culturally appropriate and ultimately reduce incarceration rates."
The Jumbunna Institute found the ACT Government had implemented, either fully or partially, almost 80 per cent of the ALRC's recommendations.
Positive outcomes observed include the Yarrabi Bamirr family-centric support program, the Ngurrambai bail support program and the Galambany Circle Sentencing Court.
New programs, including the Yhurwan Bullan women's healing program and the Yhurwan Ghuda youth diversionary program, build upon the foundation of culturally appropriate initiatives aimed at keeping First Nations people out of the ACT justice system.
The first report of the review can be accessed at https://www.justice.act.gov.au/aboriginal-and-torres-strait-islander-justice-affairs/independent-review-to-reduce-first-nations-over-representation-in-act-justice-system.
The second stage of the review, due later this year, will focus on developing recommendations for action together with the ACT Aboriginal and Torres Strait Islander community and other stakeholders to recommend additional practical measures that it considers would have an appreciable impact on overrepresentation rates of First Nations people in incarceration in the ACT.
Quote attributable to Minister for Corrections and Justice Health Emma Davidson:
"A justice system that focuses on the needs of the individual will mean better life outcomes for them and a safer community.
"Too many First Nations people are cycling in and out of our justice system which shows we need improved, culturally appropriate and holistic health and social services in the community. Doing this right will reduce harmful behaviour and improve life outcomes for First Nations communities.
The Jumbunna Institute's report highlights there is still much work to be done to reduce First Nations over-representation in the justice system. We are dedicated to working with the community and implementing evidence-based solutions to achieve lasting change."
Quote attributable to Minister for Aboriginal and Torres Strait Islander Affairs Rachel Stephen-Smith:
"The overrepresentation of Aboriginal and Torres Strait Islander people in our justice system is unacceptable. While we have a long way to go to address the legacy of colonisation and dispossession and the very real issues of racism still impacting communities today, the improvements we are seeing are welcome.
"The ACT Government is committed to supporting culturally appropriate and community-led initiatives that empower Aboriginal and Torres Strait Islander people and address the root causes of over-representation. I welcome this interim report and look forward to the Jumbunna Institute's recommendations in its Final Report."
Quotes attributable to Chris Cunneen, Professor of Criminology at the Jumbunna Institute for Indigenous Education and Research, University of Technology Sydney:
"There has been some progress in reducing the imprisonment rate for Aboriginal and Torres Strait Islander people in the ACT, which was 5% lower in 2023 compared to 2017. This occurred at the same time the national rate of Indigenous imprisonment increased by 10%. This was a pleasing trend. However, the level of Aboriginal and Torres Strait Islander over-representation in the ACT actually grew significantly by 27% over the same time period because the rate of non-Aboriginal imprisonment in the ACT declined more rapidly.
"There is still a great effort needed to properly fund Aboriginal organisations who are working to reduce Aboriginal contact with the criminal justice system in areas such as bail and post-release support. Such programs can reduce the remand population, assist in people complying with bail conditions, and help people not return to prison after release. The provision of suitable housing is also a critical issue, particularly for Aboriginal women on remand and leaving prison.
"In summary, while the ACT Government has complied to some extent with the majority of the ALRC's recommendations, there are multiple barriers and limitations to effective implementation. These included the lack of coordination and accountability, insufficient support for Aboriginal participation in decision-making, ongoing issues of systemic discrimination, and the absence of data, which both inhibited more targeted implementation of programs and the ability to hold government accountable."
