Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
27. The Commission also acknowledges the observation of the Yoorook Justice
Report (Victoria), that ‘First Peoples are dying at higher rates in custody not
because they are more likely to die once they are in custody, but because of
the staggering rates at which governments are arresting and jailing Aboriginal
people’.43
28. Moreover, the Commission remains significantly concerned at what the
Yoorook Justice Report (Victoria) has described as ‘failures to implement
recommendations made over many years and by many inquiries’.44 As
exemplified in a recent review of the Western Australian Inspector of
Custodial Services into the implementation of Coronial recommendations:
it was hard not to form the view that in several cases the focus was more about
closing the outstanding recommendation rather than implementing sustained
change in a way that met the spirit and intent of the recommendation.45
29. In January 2023, the Victorian Coroner released its findings into the Inquest
into the death of Veronica Nelson, an Aboriginal woman held in custody at
the Dame Phyllis Frost Centre, Victoria. The coroner commented that, ‘had the
RCADIC recommendations been successfully implemented by the
Government and its agencies, Veronica’s passing would have been
prevented’.46 The Coroner also noted that, to date, the implementation of the
RCADIC recommendations has ‘achieved too much policy, and not enough
change’.47
30. The Victorian Government has announced legislative and policy changes in
response to recommendations made by the Victorian Coroner including:
•
The decision to cease out-sourcing medical services for female
prisoners to private health-care providers48 – although the Commission
notes that the Victorian Government has not decided to mirror this
change in the men’s prison system.
•
Legislative reform to loosen requirements for bail in Victoria – although
civil society groups have criticised these changes as failing to meet
minimum human rights standards under the Victorian Charter.49
31. In July 2023, the Western Australian Coroner released its findings into the
Inquest into the death of Stanly John Inman, an Aboriginal man held in
custody at the Acacia Prison, Western Australia. The coroner commented that
‘the overall quality of Mr Inman’s supervision, treatment and care was of a
lower standard than it should have been because his level of risk was not
properly understood’,50 and that, ‘had … culturally safe care … been available
at Acacia, Mr Inman’s life journey may well have been different’. 51
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