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impact on First Nations peoples,76 and despite indications by the Northern Territory Government that the laws would be repealed, 77 they remain in place. 70.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 16

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