348. Reasons for overrepresentation of Aboriginal and Torres Strait Islander
children in the justice system include legal and policy factors, such as
restrictive bail laws and mandatory sentencing laws, 343 and socio-economic
factors, such as a long history of social disadvantage, cultural
displacement, trauma and grief, alcohol and other drug misuse, cognitive
disabilities and poor health and living conditions.344
349. A recent Australian Law Reform Commission (ALRC) inquiry into the
incarceration rates of Aboriginal and Torres Strait Islander peoples
highlighted the strong correlation between juvenile participation in crime
and rates of reported neglect and abuse.345 It pointed out that children
placed in out-of-home care are 16 times more likely than the equivalent
general population to be under juvenile justice supervision in the same
year.346 This risk increases when the child is Aboriginal or Torres Strait
Islander.347 The NT Royal Commission also noted the crossover of children
in out-of-home care into detention.348
350. The Change the Record campaign, led by Aboriginal and Torres Strait
Islander organisations, human rights organisations (including the
Commission) and community organisations calls for a whole of
government strategy, the setting of justice targets, and a commitment to
work in partnership with Aboriginal and Torres Strait Islander
communities, their organisations and representatives.
351. The Commission has advocated for justice targets to reduce rates of
incarceration for Aboriginal and Torres Strait Islander peoples as
compared to non-Indigenous peoples.349 Proposed justice targets could be
included in the Close the Gap Strategy.
352. The Senate Legal and Constitutional Affairs Committee, and successive
Social Justice Commissioners, have also recommended justice
reinvestment strategies, which involve diverting and reinvesting funds
used for imprisonment to services that address underlying causes of
crime, in communities with high rates of offending. 350 The ALRC has noted
a number of trials and initiatives using justice reinvestment in the ACT,
NSW, NT, Queensland and South Australia.351
Recommendation 51: The Australian Government establishes a national,
holistic and whole of government strategy to address Aboriginal and Torres
Strait Islander imprisonment rates.
Recommendation 52: Australian Governments commit to introducing
national justice targets as part of the Closing the Gap Strategy and trial
justice reinvestment initiatives.
62