Australian Human Rights Commission Report title October 2022 Recommendation 8: The Migration Act be amended to ensure that closed immigration detention is only used in circumstances where it is strictly necessary to manage unacceptable risks to the community. Recommendation 9: The Australian Government introduce legislation to ensure that the necessity for continued immigration detention is periodically assessed by a court or tribunal up to a maximum time limits. Criminal justice system First Nations Peoples Recommendation 10: Governments ensure the availability of diversionary programs for Indigenous peoples, expand justice reinvestment trials and invest in pathways out of the criminal justice system. Recommendation 11: The Australian Government commit adequate, ongoing funding for Indigenous legal assistance services. Recommendation 12: Governments review the use and application of mandatory sentencing laws, particularly where they disproportionately impact Aboriginal and Torres Strait Islander peoples, and expand the use of non-custodial measures. Recommendation 13: Governments ensure that Aboriginal-led, culturally appropriate, trauma-informed and gender responsive services and programs are resourced and available throughout the criminal justice system. Recommendation 14: Governments ensure that criminal justice officials at all levels receive sufficient training to ensure the application of culturally appropriate, trauma-informed and gender responsive approaches. Recommendation 15: All Australian governments commit to the development and implementation of a national anti-racism framework to ensure targeted action to identify and address the scourge of racism, including systemic and institutional racism withing government agencies including within the criminal justice system. Youth justice system Recommendation 16: Governments should explicitly prohibit the use of isolation practices and force as punishment in youth justice facilities. These practices should only be permitted when necessary to prevent an 41

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