Australian Human Rights Commission Current issues and good practices in prison management, 16 November 2023 18. The Productivity Commission has reported that First Nations people represented 31% of the daily average prison population over 2021–2022,25 despite making up only 3.2% of the total Australian population.26 The Productivity Commission has also reported that the Closing the Gap target with respect to First Nations overincarceration is not on track to be met, with worsening metrics against the age-standardised rate in New South Wales, Queensland, South Australia, and the Northern Territory.27 19. The Western Australian Inspector of Custodial Services has reported that the number of unsentenced First Nations prisoners in Western Australia (51.3% for 2022) has now exceeded non-First Nations prisoners.28 Between 2011– 2016 unsentenced First Nations prisoners represented between 46–47% of the total population, however the reasons for the surge are unclear to the Inspector.29 20. The Tasmanian Inspector of Custodial Services has reported that in 2022, 22.7% of Tasmania’s prison population were First Nations people.30 Despite this, there is only one First Nations identified or targeted position in the Tasmanian Prison Service, which was reported in the Annual Report 2022–23 as being ‘vacant and has been for some time’.31 The Inspector noted that more needs to be done to provide First Nations prisoners with appropriate support.32 Relevantly, the Cultural Review of the Adult Custodial Corrections System (Victoria) noted there is a high level of attrition among First Nations staff because they ‘experience distinct challenges including racism, discrimination, high workloads, heavy cultural load, and burnout’.33 21. In August 2023, the Yoorook Justice Report (Victoria) found widespread failings in Victoria’s prison system towards First Nations people, including overimprisonment; deaths in custody; racism and discrimination; lack of knowledge and implementation of human and cultural rights, and widespread violations of those rights; disconnection of First Peoples prisoners from family, kin and culture; a strong and disproportionate emphasis on punishment rather than rehabilitation and healing; lack of independent oversight; and lack of support on release (often into homelessness) leading to reoffending.34 22. The incarceration of First Nations people has been described in the Yoorook Justice Report (Victoria) as ‘causing irreparable, lifelong harm to First Peoples’.35 The Advisory Commission into the Incarceration Rates of Aboriginal Peoples in South Australia has additionally noted that ‘[p]rison has a symbolic significance in the lives of Aboriginal people as a reinforcement of the absolute power of the State. This contributes to feelings of vulnerability and powerlessness. Hope and the restoration of dignity is needed to change behaviours.’36 6