system-focused efforts to address disproportionate outcomes and
overrepresentation of First Nations peoples by addressing features of
systems that cultivate institutionalised racism’.87 It urges governments to
ensure that all available steps are taken to achieve this goal, including
through a focus on preventative measures, and accountability processes.
76. The Commission is currently leading a project to progress a national antiracism framework. It is very concerned that initial scoping findings from the
project, to be released in late 2022, raise many of the matters set out above
regarding First Nations peoples and the criminal justice system.
77. In submissions, government agencies, as well as First Nations organisations,
experts, and individuals, recognised the overrepresentation of First Nations
peoples in Australia's criminal justice system, documented the systemic
discrimination experienced by them in the legal system and flagged this as a
matter of urgent concern.
78. It was asserted that racism occurs at each stage of the legal system, from
initial contact with law enforcement through bail processes, conviction,
sentencing, and post prison release.
79. It is the Commission’s view that the development of a national anti-racism
strategy will develop, a coordinated, shared vision to tackle racism, promote
racial equality, and ensure access to rights. It will be a long-term, central
reference point to guide actions on anti-racism across all sectors, including
in the criminal justice system.
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.
18