consistent, sufficient resourcing to address criminal justice
overrepresentation.
66. The Commission similarly welcomes the establishment of some justice
reinvestment programs across Australia, and the Australian Government’s
commitment to provide $79 million in funding for justice reinvestment
initiatives.70 The Commission also notes the introduction of the Australia
New Zealand Police Advisory Agency’s Anti-Racism and Cultural Diversity
Principles in 2018. 71
67. More action is needed to address this national crisis. There is a wealth of
knowledge and recommendations outlining steps to address overincarceration and deaths in custody that have not yet been implemented.
Most of the 339 recommendations of the 1991 Royal Commission remain
unimplemented or only partially implemented.72 Some of these
recommendations ‘have been repeated again and again at various points in
time in various reports’,73 including the Australian Law Reform Commission’s
2018 Pathways to Justice Report – to which the Government has not
published a response.
68. The Commission is concerned about certain laws, and the enforcement of
those laws by police, that disproportionately impact First Nations peoples.
69. The Pathways to Justice report identified that First Nations incarceration is
often characterised by low-level offending. This includes, for example,
imprisonment for public drunkenness, which still occurs in Queensland.74
The Commission has also previously raised concerns about paperless arrest
laws, which were introduced by the Northern Territory government in 2014
through amendments to the Police Administration Act 1978 (NT).75 These laws
provide the police with the power to detain a person and hold them in
custody for up to four hours (or longer if the person is intoxicated) if they
suspect that the person has committed or is about to commit an
‘infringement notice offence’. Paperless arrest laws have a disproportionate
impact on First Nations peoples,76 and despite indications by the Northern
Territory Government that the laws would be repealed, 77 they remain in
place.
70. Mandatory sentencing laws that set a mandatory minimum sentence for
particular offences,78 continue to exist in most Australian jurisdictions. Some
of these laws allow judges to make exceptions from the specified sentence,
while others are more restrictive in how that can be applied. These laws
undermine rule of law principles, including the separation of the
government and judiciary and the ability of judges to impose sentences that
are proportionate to the specific circumstances of the crime.79 These laws
have been found to disproportionately80 affect First Nations peoples. The
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