West Australian police have launched an internal investigation after a woman was filmed hitting the ground during an interaction with an officer in the state's far north.
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ABC News
22 minutes ago
- ABC News
Review into over-representation of First Nations people in ACT justice system makes almost 100 recommendations
A damning review into the over-representation of Aboriginal and Torres Strait Islander people in the ACT criminal justice system has recommended sweeping changes. The more-than-500-page report by the Jumbunna Institute at the University of Technology Sydney made almost 100 recommendations, including "priority" systemic racism reviews of ACT Policing and Canberra's jail, and an inquiry into recent deaths in custody. The ACT has the highest rate of Indigenous imprisonment of any state or territory, and First Nations people in the ACT are more likely to receive a custodial sentence than non-Indigenous defendants found guilty. The Jumbunna review identified systemic racism within ACT schools, government directorates, courtrooms, Canberra's jail, and in ACT Policing's approaches. "Racism occurs at an individual and systemic level, within specific agencies and across broader government approaches: for example, not trusting Aboriginal people to lead solutions to over-representation," the report said. A major criticism of the government was that many approaches to date had not included First Nations people or prioritised their self-determination. ACT Indigenous Affairs Minister Suzanne Orr said the government had made progress, and it would now work on an interconnected response. 'Singling out one thing in isolation isn't actually the best way to proceed, and I think this goes to the point that's made in the report, that it's actually a joined-up response and a coordinated response that's needed,' Ms Orr said. 'We're dealing with some pretty long history here and a lot of responses that we haven't had to grapple with before. "So, we have made progress in sort of parts, and we've not shied away from that, and I've not shied away from that.' The report authors heard evidence that Indigenous people in the ACT "continue to be targeted, and continue to experience excessive use of force" by ACT Policing. "Police target your name because of the history that's involved with, maybe not incarceration, but with contact with police," a First Nations organisation told interviewers. Those interviewed also spoke about a lack of transparency in making complaints about police. Many believed complaints would not be followed up on, or there would be repercussions. "The unique arrangement in the ACT — whereby community policing is contracted out to the Australian Federal Police — was perceived to be a significant contributor to the problems of accountability," the report said. "We recommend the establishment of an independent oversight body with the statutory authority to investigate complaints against ACT Policing, and to compel action in response to its investigations." It also recommended clearer guidelines for the use of body-worn cameras, including that they must be activated when "exercising police powers, or when it is likely that an interaction may lead to the exercise of police powers". Also, it recommended that there be a process for individuals to access relevant footage. The report authors said "urgent attention" was also needed relating to evidence around a perception that child services and ACT Policing had worked together to "punish victim-survivors for 'failing to protect' their children". They heard ACT Policing had placed "the onus on victim-survivors to leave violent relationships and environments". There was also evidence that police were using adverse discretion "in matters such as the use of diversion, use of arrest over summons, access to police bail, the use of minor offences, police stops and use of force". In a statement, an ACT Policing spokesperson said it was aware of the Jumbunna review, but it would not be appropriate to comment ahead of a government response. The report authors recommended that the ACT Education Directorate avoid unnecessary contact with police over school-based incidents, which "increases the likelihood of further contact [for students] with the criminal legal system". The review, which has recommended the "priority" establishment of a First Nations Education Advisory Body, heard evidence of systemic racism in ACT schools. "There were perceptions that First Nations students are more likely to be suspended or excluded than other students. This was seen as being race-based or as poor responses to disability related behaviour," the report found. "And concerns raised during the review process identified Education Directorate staff as over-reporting First Nations students and families to [the Community Services Directorate]." "They used to suspend my son, like, every week. And when they didn't have a reason to actually suspend him, when they weren't allowed to suspend him because it wasn't bad enough, they'd make him sign a mutually agreed leave form," the report authors were told. Interviewees in the ACT's youth detention facility, Bimberi, spoke of interrupted schooling. This prompted a recommendation for day-release options so those in detention can attend school or work. "Consideration should be given too to whether a trade skill centre can be set up at Bimberi," the report suggested. "These opportunities give a young person hope, direction, and break negative cycles." The report highlighted the over-representation of Indigenous ACT children in child protection and out-of-home care systems, and said the issue was linked to racist systems that "continue to position First Nations families as risky". It said children in care were more likely to get attention from police, with the issue dubbed care criminalisation. "Community members spoke at length about a well-established residential care to youth justice to adult incarceration pipeline," the report said. For young people in youth detention, the report recommended increased funding for the Restorative Justice Unit, a specialised children's solicitor, and a requirement for ACT Policing to make public the reasons why diversionary options are not used for young people. It further recommended that the ACT government undertake an independent review of the use of remand for children, particularly First Nations children, to reduce unnecessary custody. The report recommended ACT Corrections Minister Marisa Paterson consider establishing an independent inquiry into the "deaths of seven men in adult correctional custody between February 2023 and February 2025". It further recommended that the ACT government and the ACT coroner expedite coronial investigations into deaths in custody. "It is difficult to imagine an issue of more concern to the First Nations community in the ACT than Aboriginal deaths in custody, particularly when three deaths occurred within the space of seven months," the report authors said. Regarding issues within the prison, the authors said they were "disturbed" to see the rate of discontinued cultural programs within the AMC. The review recommended that the jail introduce more structure to the days of inmates with "purposeful activities" that must meet the cultural needs of First Nations inmates. "The effects of boredom are multifaceted, potentially increasing the likelihood of conflict among detainees and with staff, negatively impacting on self-worth and motivation, increased drug use, and diminishing the likelihood of rehabilitation and preparedness for release," the report authors said. The report said a systemic racism review of the AMC should probe "the use of segregation, the use of force, security classifications, recognition of cultural rights and the interaction of staff with First Nations detainees". It recommended the extension of the weekend bail court to include Sunday to "reduce unnecessary custodies". It further recommended wastewater testing at the jail to gauge the prevalence and type of drug use, as well as a regular civil law clinic to deal with "sleeper issues," including housing matters, child support, and debts. The government is expected to provide an interim response in September.

News.com.au
22 minutes ago
- News.com.au
Probe after man fatally shot by police at Yarra Junction
Police say the man was seen assaulting a woman before being fatally shot by an officer at a property in Victoria. A man has died after being shot by police in Victoria's east. Officers were called to a home on Warburton Hwy at Yarra Junction - about 68km east of Melbourne - near 5.30pm on Wednesday, after reports a man was assaulting a woman. A statement from Victoria Police says two officers went to the scene and saw a woman being assaulted by the man. 'As a result of the confrontation, a police officer has discharged their firearm,' the statement read. Paramedics treated the man at the scene but he could not be revived. The woman was flown to hospital and treated for serious injuries. The man and woman are believed to be known to one another, police say. The homicide squad has launched an investigation with oversight from the Professional Standards Command. The state coroner, Judge John Cain, was also at the scene.

ABC News
an hour ago
- ABC News
Councillors facing abuse say police won't act unless there's a death threat
A growing number of local government elected officials in Victoria are being threatened, abused and harassed online and in person. But councillors say unless there is a "lynch mob" at their door threatening to kill them they have no protection and no way to make it stop. Last year, Latrobe City councillor Tracie Lund made multiple appeals to Victoria Police, WorkSafe, the Local Government Inspectorate, the eSafety Commissioner, and the courts following what she described as a "relentless" campaign of harassment from members of the public. Cr Lund said she was repeatedly told the content was either non-threatening due to its online nature, "not prosecutable", or simply "political dialogue". "Every time I tried to escalate things for my physical and mental safety, I was told, 'You're a public profile. This is part of democracy,'" Cr Lund told the ABC. "The more help I sought, the more of a target I became. "There's been narrative around putting me in the ground … all I could do was capture it and hope like hell it didn't escalate offline." Her comments mirror the experiences of other councillors around Victoria. The ABC spoke to 22 councillors from 14 Victorian councils who reported similar roadblocks trying to enlist help from social media platforms and monitors, local government oversight bodies, law enforcement agencies, and the courts to protect them from abusive residents. Multiple councillors said they had acted on police advice and applied for intervention orders, only to have them rejected by the courts. They said it did not matter if the abuse came from anonymous online accounts, community members, or fellow councillors, or took place online, over the phone, via email, or in person. The advice they received was consistent: "ignore it", "don't poke the beast", "lay low", and keep a "journal". One councillor echoed the fears of many: "It would have to take somebody coming onto my property to call the police," she said. "I have a fear there's going to be a knock on the door and I open it and there's a lynch mob. "And then what do I do, call triple-0 and say there's a group of constituents at my door?" A statewide survey by the Victorian Local Governance Association (VLGA) found more than 80 per cent of Victorian councillors in the 2020-24 term had experienced threatening or intimidating behaviour. Almost two-thirds of those reported bullying and non-sexual harassment, and nearly half said abuse and intimidation from members of the public had worsened since they were elected. VLGA chief executive Kathryn Arndt said the statewide survey of Victoria's 606 councillors was the first formal dataset on the treatment of local government officials. "The state government needs to reflect that they have a responsibility to local government." Victoria Police would not comment on the number of abuse allegations it received from councillors, or its ability to resource investigations. They said all questions about protection of councillors should be sent to local government. A Victorian government spokesperson said all threats or criminal activity should continue to be referred to Victoria Police. Earlier this year, a Melbourne councillor called the police to report a text message he had received from a resident allegedly saying, "There is nowhere in this nation you can hide from me". The resident posted a screenshot of the message on social media with the hashtags #RunBitch and #BigBadWolfComingForYou. The councillor was allegedly advised by police that unless the resident explicitly threatened them or they were already at their house, there was nothing authorities could do. That councillor said it took two weeks of repeated text messages from the resident, four trips to the police station, and the involvement of a senior detective before authorities took the threat seriously and applied for an intervention order on his behalf. Stories like these are consistent across the state. In Melbourne's south, Kingston councillor Hadi Saab was in a restaurant when a man pointed a finger at his chest and called him a "f***ing disgusting woke clown" and a "smiling monkey" taking over Australia by "stealth". Cr Saab, who is of Arabian heritage, said those slurs were pulled "word for word" from content posted online. In Melbourne's south west, Hobsons Bay Deputy Mayor Rayane Hawli said a resident called her a Lebanese terrorist during a doorknock campaign and said, "I know what you're doing" because they had read about her online. In regional Victoria, a councillor received a text message from a resident saying they wanted to shoot them in the head for being a "f***ing f****t". Pictures of their car and home were published on social media, prompting them to pay for a security assessment, which recommended two large trees be removed from their front yard because they posed an ambush risk. Memes of that councillor's partner doctored to make them appear dressed in pink Nazi uniforms were also circulated online amid baseless allegations that they both supported paedophilia. In May this year, Central Victoria's Hepburn Shire reached boiling point. Mayor Don Henderson called urgent meetings with Local Government Minister Nick Staikos, Victorian Police Minister Anthony Carbine and local authorities in an attempt to tackle the "concerning rise" of councillor abuse. He co-wrote a letter to Mr Staikos calling on the state government to introduce legislation that offered better online protections and support for councillors and council staff. Cr Henderson blamed online community groups and forums for spikes in aggressive behaviour, alleging they were a lightning rod for disaffected residents. A spokesperson for the eSafety Commission said that in order to prompt an investigation, content had to meet the legal definition of "adult cyber abuse", which included realistic threats and content that put a person in physical danger. Councillors subjected to abuse told the ABC, the lack of protection from authorities meant their only option was a costly one — to take their alleged abusers to court. Last month, Stonnington Mayor Melina Sehr spent more than $100,000 in legal fees getting an intervention order against the head of the statewide pro-ratepayer group, Council Watch. Victoria Police made the initial intervention order application but withdrew, citing a lack of resources and claiming Council Watch's content targeting Cr Sehr was "political in nature". A magistrate ruled the opposite, finding Council Watch's president Dean Hurlston had stalked and harassed Cr Sehr for years under the guise of political discourse via online posts and communications. While the court found many of Mr Hurlston's posts, texts, emails and videos were genuine political commentary, it found that the nature, frequency and persistence of Mr Hurlston's communication had caused it to "lose its political character". The magistrate pointed to multiple examples of Mr Hurlston pairing genuine criticism with personal attacks, including one instance in which he accused Cr Sehr of financial impropriety alongside a "pretty personal attack" that alleged the councillor had weaponised the death of her mother for political gains. Intervention orders are a civil matter and Mr Hurlston, who denies any wrongdoing, has not been charged with any offence and is appealing the two-year order. Cr Sehr said, although she was "incredibly relieved", it would take her a long time to return to her old self and routines, given how long the harassment had been allowed to continue. Former journalist and ex-City of Melbourne councillor Stephen Mayne said councillors needed a union to protect them from people who "continually rip into" them. Currently, institutional peak bodies such as the Municipal Association of Victoria (MAV) or the Australian Local Government Association (ALGA) are responsible for oversight of local government, but they represent councils, not councillors. Mr Mayne said a councillors' union would plug that gap and serve as a third-party body to stop the growing movement of anti-government conspiracy theories, pile-ons, and abuse. He said until that happened, good councillors would continue to be "kicked" and stalked, while those perpetuating the abuse would continue to gain traction and end up being elected to council.