Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
100
Australian Bureau of Statistics, Prisoners in Australia, 2016 (data tables) in Human Rights Law
Centre and Change the Record Coalition, Over-represented and overlooked: the crisis of Aboriginal
and Torres Strait Islander women’s growing over-imprisonment (May 2017), 10. At
https://static1.squarespace.com/static/580025f66b8f5b2dabbe4291/t/59378aa91e5b6cbaaa281d22/14
96812234196/OverRepresented_online.pdf (viewed 11 September 2017).
101 Human Rights Law Centre and Change the Record Coalition, Over-represented and overlooked:
the crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment (May 2017), 5.
At
https://static1.squarespace.com/static/580025f66b8f5b2dabbe4291/t/59378aa91e5b6cbaaa281d22/14
96812234196/OverRepresented_online.pdf (viewed 11 September 2017).
102 Australian Bureau of Statistics, Prisoners in Australia (2015) ABS Cat No 4517.0. At
http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4517.0~2015~Main%20Features~Pri
soner%20characteristics,%20Australia~28 (14 December 2016)
103 Australian Human Rights Commission, Social Justice and Native Title Report 2016 (2016), 42–45.
At http://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_SJNTR_2016.pdf
(viewed 11 September 2017).
104 Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples,
Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Australia, UN Doc
A/HRC/36/46/Add.2 (8 August 2017) 12 [68]. At
http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/36/46/Add.2 (viewed 10 October 2017).
105 See Jennifer Galouzis and Simon Corben, ‘Judicial Outcomes of Remand Inmates in New South
Wales’, Research Bulletin (Corrective Services NSW) (October 2016). At
http://www.correctiveservices.justice.nsw.gov.au/Documents/research-and-statistics/RB034-judicialoutcomes-of-remand-inmates-in-nsw.pdf (viewed 30 October 2017).
106 Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples, End
of Mission Statement by the United Nations Special Rapporteur on the rights of indigenous peoples,
Victoria Tauli-Corpuz on her visit to Australia (2017). At
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21473&LangID=E (viewed
11 September 2017).
107 In 2014, the Commission inquired into complaints by four Aboriginal men with intellectual and
cognitive disabilities who had been incarcerated for a number of years despite being found unfit to
stand trial or not guilty by reason of insanity. See KA, KB, KC and KD v Commonwealth of Australia
[2014] AusHRC 80. At https://www.humanrights.gov.au/our-work/legal/publications/ka-kb-kc-and-kd-vcommonwealth-australia (viewed 11 September 2017). The Aboriginal Disability Justice Campaign
advocates for progress in relation to the indefinite incarceration of Aboriginal people with intellectual
and cognitive disabilities. People with Disability Australia, Aboriginal Disability Justice Campaign
(2015). At http://www.pwd.org.au/about-us/about-pwda.html (viewed 11 September 2017).
108 Australian Law Reform Commission, Incarceration rates of Aboriginal and Torres Strait Islander
peoples. At https://www.alrc.gov.au/inquiries/indigenous-incarceration (viewed 11 September 2017).
109 Justice targets refer to targets to address the overrepresentation of Aboriginal and Torres Strait
Islander peoples as both offenders and victims in the criminal justice system. It has been
recommended by the National Congress of Australia’s First Peoples that targets be set to halve the
gap in rates of incarceration for Aboriginal and Torres Strait Islander peoples. Proposed justice targets
could be included in the existing Close the Gap framework. The Australian Government has stated
that it rejects the adoption of justice-related targets. See Aboriginal and Torres Strait Islander Social
Justice Commissioner, Social Justice and Native Title Report 2014 (2014), 117–123. At
https://www.humanrights.gov.au/publications/social-justice-and-native-title-report-2014 (viewed 11
September 2017).
110 Senate Legal and Constitutional Affairs Committee, Value of a justice reinvestment approach to
criminal justice in Australia (2013), 124. At
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/
Completed_inquiries/2010-13/justicereinvestment/report/index (viewed 11 September 2017). The
Aboriginal and Torres Strait Islander Social Justice Commissioner has advocated for justice
reinvestment over the past five years. The 2014 Social Justice and Native Title Report recommends
that, ‘the Australian Government take a leadership role on justice reinvestment and works with states,
territories and Aboriginal and Torres Strait Islander communities to identify further trial sites.’
Australian Human Rights Commission, Social Justice and Native Title Report 2014 (2014), 12. At
https://www.humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-socialjustice/publications/social-justice-and-nati-0 (viewed 11 September 2017).
111 Australian Government, Australian Government response to the Senate Legal and Constitutional
Affairs References Committee report: Value of a justice reinvestment approach to criminal justice in 53