Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
45.
Targets encourage policy makers to focus on outputs and outcomes, rather
than just inputs. It is not enough for governments to continue to report on what
they do and spend, especially if that appears to be making little positive
difference. Targets move us towards accountability and ensure that tax
payer’s money is being spent in a results-focused way.
46.
The Commission has recommended that appropriate justice targets would
include indicators such as rates of imprisonment, recidivism and victimization.
They would also take a more holistic approach and include indicators such as
involvement with the child protection system, use of diversionary programs,
successful transitions to school and employment. 25
47.
The Commission urges all Australian governments to adopt justice
reinvestment approaches and justice targets, such as a target to halve the gap
in rates of incarceration for Aboriginal and Torres Strait Islander peoples.
48.
The Commission has also emphasised the benefits of drawing on Aboriginal
customary law in relation to dispute resolution, and more broadly.26 The
Commission considers there should be recognition of some of the existing and
traditional community structures that guide dispute resolutions as well as
recognition that customary law practices can assist with the development of
justice reinvestment models and other community justice initiatives.
49.
In its 2013 Social Justice and Native Title Report, the Commission expressed
concern in relation to blanket alcohol bans, such as those imposed in the
Northern Territory Intervention, ‘given the disproportionate rate at which
Aboriginal and Torres Strait Islander people are imprisoned in comparison to
the non-Indigenous population’.27
50.
An Alcohol Mandatory Treatment scheme that commenced in the Northern
Territory on 1 July 2013 provides that an adult person who has been
apprehended three times in two months for public intoxication may be subject
to a Mandatory Residential Treatment Order for up to three months.
Individuals can be detained for up to four days before being clinically
assessed and another five days before the Alcohol Mandatory Treatment
Tribunal makes a decision on their case. The majority of those detained have
been Indigenous.28
Ward inquest and coronial recommendations
51.
The Commission intervened in the Coronial Inquest into the death of Mr Ward
in 2009. Mr Ward was an Aboriginal prisoner who died shortly after being
transported in the back of a van in conditions of excessive heat.
52.
The Commission considered that a range of systemic failures had contributed
to Mr Ward’s death and submitted that ‘Mr Ward’s treatment during his
transportation from Laverton to Kalgoorlie was cruel, inhuman and
degrading.’29
53.
The Coroner found that ‘the deceased was subjected to degrading treatment
and he was not treated with humanity and with respect for the inherent dignity
15