By Juliana Warner, Law Council of Australia President
Two key targets of Australia’s commitment to Closing the Gap are to ensure Aboriginal and Torres Strait Islander young people and adults are not overrepresented in the criminal justice system.
The Productivity Commission regularly reports on outcomes against each of the Closing the Gap targets. Based on its latest findings, no progress has been made on these targets for Aboriginal and Torres Strait Islander young people. For Aboriginal and Torres Strait Islander adults, not only is the target not on track to be met, but the situation is worsening.
Less than four per cent of the Australian population are First Nations peoples, yet they make up 36 per cent of our prison population (as at 30 June 2024). First Nations deaths in custody remain of grave concern.
In Western Australia, the age-standardised imprisonment rate is 4,364 prisoners per 100,000 Aboriginal and Torres Strait Islander adult population. This is significantly higher than the national rate.
In its Justice Project final report, the Law Council of Australia recognised that the high rates of criminal justice interaction experienced by Aboriginal and Torres Strait Islander people stem from, among other things, cycles of poverty, intergenerational trauma and grief, as well as experiences of systemic injustice that accumulate over a lifetime.
The report examined a range of initiatives that could help improve access to justice for First Nations peoples. It particularly focused on the need for self-determination and the identification and delivery of solutions to be led by Aboriginal and Torres Strait Islander people and organisations.
The first plenary session of the upcoming National Access to Justice and Pro Bono Conference will look at the vitally important issue of First Nations People and the Legal System.
Presented by the CEO of the Victorian Aboriginal Legal Service (VALS), Nerita Waight, this session will be a compelling examination of First Nations overrepresentation in Australia’s criminal justice system.
Through powerful experience and evidenced-based analysis, it will explore how successive “tough on crime” policies have failed Aboriginal communities in Victoria by perpetuating cycles of incarceration, and compare outcomes across other Australian jurisdictions and internationally.
Transformative projects led by VALS will also provide insight into strategies that have had a positive effect.
The National Access to Justice and Pro Bono Conference brings together leading experts to discuss how we can best deliver support to our society’s most vulnerable people.
Access to justice is a foundational principle of our profession and important to us all. I hope you can join us for this informative and inspiring program in Melbourne from 29-31 October.
