First Nations Consultations For the Australian Human Rights Commission
Health Sector:
Systemic racism in health results in inequitable access to quality care and a lack of
culturally safe services. First Nations patients often face racism and prejudice from
healthcare providers, leading to inadequate care, poorer health outcomes and an
ongoing distrust of the health system as a whole. The lack of trust reduces the willingness
of First Nations people to access services which compounds poorer health outcomes
across the board. Many participants emphasised the necessity of mandatory Cultural
Safety education for healthcare providers, concerted effort to increase the First Nations
Health workforce and the inclusion of traditional healing practices into the mainstream
health system. Health policies must be reviewed and restructured to ensure Cultural
Safety and support holistic views of health. Training for healthcare providers on First
Nations health perspectives is essential to ensure culturally safe care. Recent
amendments to the Health Practitioner Regulation Law need to be leveraged to embed
preventative measures throughout the health system. For non-clinical staff, similar
accountability mechanisms are required to ensure minimum standards across the system.
Justice Sector:
Within the justice system, First Nations people are disproportionately targeted by law
enforcement and subjected to harsher sentencing. High incarceration rates, deaths in
custody and over-policing of First Nations communities were significant concerns.
Participants highlighted the urgent need for system reforms that incorporate First Nations
knowledge and restorative justice practices, which focus on healing and reconciliation
rather than punishment. Reforms in the justice system must include comprehensive
training for law enforcement and legal professionals on First Nations rights and cultural
contexts. Implementing restorative justice programs that incorporate First Nations
knowledge and practices is crucial for creating a more equitable justice system.
Participants emphasised the urgent need for legal reforms that incorporate First Nations
perspectives and prioritise restorative methods over punitive measures. This includes
involving First Nations leaders in the development and implementation of justice policies
and practices, ensuring that the justice system is fair and just for First Nations
communities.
4.2 Unconscious Bias
Unconscious bias refers to attitudes and perceptions that are held subconsciously and are often
deeply ingrained (Monash University, 2022). In many instances, individuals are not aware of their
unconscious biases or where they have stemmed from without self-reflection and critical analysis.
Unconscious bias is not dissimilar to stereotyping and can lead to inaccurate assumptions and can
have a detrimental impact in decision-making (Monash University, 2022).
If individual or organisational behaviours are influenced by implicit biases, they are likely to result
in inequitable outcomes for First Nations people. When not addressed, unconscious bias shapes
perspectives and drives decision making that perpetuates false ideologies and causes harm.
Furthermore, another point emphasised by all stakeholders engaged in the consultations was the
implicit bias and at times, explicit racism they have experienced and or witnessed in the treatment
of First Nations people in the legal system.
An Anti-Racism Framework: Voices of First Nations Peoples
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