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
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