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

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