First Nations Consultations For the Australian Human Rights Commission Unconscious bias and pervasive stereotyping were common themes reported throughout consultations. Participants of all ages and gender disclosed that unconscious bias had been a frequent occurrence throughout their life. Participants stated that unconscious bias was prevalent within society including workplaces and often affected decision-making processes, including recruitment, promotion, development and access to other opportunities. The media was identified as a key contributor to the perpetuation of negative stereotypes and fuelling unconscious bias. 4.2.1 Sector and service delivery context Education Sector: In educational environments, First Nations students frequently encounter unconscious bias from both peers and educators, leading to lower expectations and diminished opportunities. Stereotyping of First Nations students as underachievers adversely affects self-esteem and academic performance. There is a pressing need for educators and school staff to undergo Cultural Safety education to examine their own unconscious bias and how it impacts on the way in which they engage with First Nations people. Health Sector: In health settings, unconscious bias directly impacts on the way in which First Nations people access services and receive health care. Unconscious bias in health care settings often leads to lack of care provision, poorer health outcomes, unjustified reporting to government agencies and deepens the distrust between First Nations people and the health sector. All staff working within the health sector should be required to undertake standardised Cultural Safety education to examine unconscious bias and the detrimental effects it has on the lives and health outcomes of First Nations people. Justice Sector: In the justice system, negative stereotypes about First Nations peoples contribute to discriminatory treatment by law enforcement and the legal system. Participants reported that these stereotypes often lead to over-policing and harsher sentencing for First Nations individuals. Addressing these issues requires comprehensive Cultural Safety education for all justice system personnel and reforms that ensure fair and equitable treatment. Recent large-scale studies in Australia have shown there to be significant levels of implicit bias against First Nations people. Criminal courts are substantially the domain of white decision-makers. The overwhelming number of judicial officers, lawyers and experts are non-Indigenous and despite First Nations people comprising over a quarter of people before criminal courts, juries comprise over 99 per cent of non-Indigenous people. In a 2019 journal article, Shirodkar concluded that such “bias may predispose vast swathes of the population towards considering Indigenous Australians through a negative lens, perhaps unconsciously”. An Anti-Racism Framework: Voices of First Nations Peoples Page 47

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