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Legal body raises alarm on ‘limited, one-sided’ report
An Australian legal body says a so-called independent report which claims most of the recommendations from the Royal Commission into Aboriginal Deaths in Custody have been adopted fails to tell the true story about Aboriginal incarceration rates.
Emma Musgrave
Aboriginal Legal Service (NSW/ACT) has responded to the Deloitte Access Economics Report, released by the Minister for Indigenous Affairs Nigel Scullion, which found that the majority of the RCIADC’s recommendations have been implemented across all levels of government.
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ALS chair Bunja Smith described the report’s findings as “limited”, noting that they’re based “only on desktop research into current policies and self-reporting from relevant government agencies”.
“We’re disappointed that they’ve failed to consult with peak Aboriginal organisations like ours, who deal with the devastating effects of incarceration on Aboriginal people and their families each and every day," Mr Smith said.
“This is a limited, one-sided report which clearly doesn’t tell the true story about what’s happened to our people since the RCIADC. How can the authors of the report honestly claim that the majority of the RCIADC’s recommendations have been implemented when Aboriginal people still make-up 27 per cent of Australia’s total prison population? The fastest growing prison cohort is Aboriginal women, most of whom are mothers and the rates of Aboriginal children in out of home care is also skyrocketing. The Minister acknowledges that Aboriginal people are over-represented in prisons.
“What’s apparent is that they’ve simply reviewed how government agencies have responded to each of the recommendations of the RCIADC, but clearly, they haven’t measured the effectiveness of those actions.”
Mr Smith added that the ALS believes more work needs to be done on several recommendations of the RCIADC, particularly those addressing funding for Aboriginal legal service providers; mandatory custody notifications for Aboriginal people and juvenile reporting and support.
“For example, the Minister states that NSW is the only state to have implemented Custody Notification System (CNS), an essential service with multistakeholder support including from the Police. The ALS fielded 17,801 CNS calls in the last financial year, but the CNS is currently only funded until 30 June 2019. This is a mere 8 months away and ALS has no certainty regarding the renewal or quantum of future funding which has grave implications for vulnerable clients.
“The fact that Aboriginal incarceration rates continue to rise shows that there’s a long way to go before the recommendations of the RCIADC are effectively implemented. Any meaningful analysis of the RCIADC’s recommendations must include proper input and consultation with Aboriginal organisations.
“We must address the reasons why so many Aboriginal people are still behind bars as a result of punitive laws and with limited access to culturally-sensitive, prevention and rehabilitation programs which can keep them in the community with their families.
“It’s not good enough to say that ‘the vast majority of policy levers that impact on Indigenous incarceration rates remain within the remit of the states and territories’. We support calls from (former Aboriginal Affairs minister) Robert Tickner for a bi-partisan approach to tackle Aboriginal incarceration because national justice targets are needed if we are to close the gap.”
