Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
18. The Productivity Commission has reported that First Nations people
represented 31% of the daily average prison population over 2021–2022,25
despite making up only 3.2% of the total Australian population.26 The
Productivity Commission has also reported that the Closing the Gap target
with respect to First Nations overincarceration is not on track to be met, with
worsening metrics against the age-standardised rate in New South Wales,
Queensland, South Australia, and the Northern Territory.27
19. The Western Australian Inspector of Custodial Services has reported that the
number of unsentenced First Nations prisoners in Western Australia (51.3%
for 2022) has now exceeded non-First Nations prisoners.28 Between 2011–
2016 unsentenced First Nations prisoners represented between 46–47% of
the total population, however the reasons for the surge are unclear to the
Inspector.29
20. The Tasmanian Inspector of Custodial Services has reported that in 2022,
22.7% of Tasmania’s prison population were First Nations people.30 Despite
this, there is only one First Nations identified or targeted position in the
Tasmanian Prison Service, which was reported in the Annual Report 2022–23
as being ‘vacant and has been for some time’.31 The Inspector noted that
more needs to be done to provide First Nations prisoners with appropriate
support.32 Relevantly, the Cultural Review of the Adult Custodial Corrections
System (Victoria) noted there is a high level of attrition among First Nations
staff because they ‘experience distinct challenges including racism,
discrimination, high workloads, heavy cultural load, and burnout’.33
21. In August 2023, the Yoorook Justice Report (Victoria) found widespread failings
in Victoria’s prison system towards First Nations people, including overimprisonment; deaths in custody; racism and discrimination; lack of
knowledge and implementation of human and cultural rights, and
widespread violations of those rights; disconnection of First Peoples prisoners
from family, kin and culture; a strong and disproportionate emphasis on
punishment rather than rehabilitation and healing; lack of independent
oversight; and lack of support on release (often into homelessness) leading to
reoffending.34
22. The incarceration of First Nations people has been described in the Yoorook
Justice Report (Victoria) as ‘causing irreparable, lifelong harm to First Peoples’.35
The Advisory Commission into the Incarceration Rates of Aboriginal Peoples
in South Australia has additionally noted that ‘[p]rison has a symbolic
significance in the lives of Aboriginal people as a reinforcement of the
absolute power of the State. This contributes to feelings of vulnerability and
powerlessness. Hope and the restoration of dignity is needed to change
behaviours.’36
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