Review into over-representation of First Nations people in ACT justice system makes almost 100 recommendations

Australia Broadcast Center

2 days ago

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.