Australian Human Rights Commission
Report title October 2022
71
Australia and New Zealand Police, Anti-Racism and Cultural Diversity Principles (2018)
<https://www.anzpaa.org.au/ArticleDocuments/180/Anti-RacismPrinciples.pdf.aspx?OverrideExpiry=Y>.
72
Amnesty International and Clayton Utz, Review of the Implementation of RCIADIC (May 2015).
73
Law Council of Australia, Justice Project Final Report – Aboriginal and Torres Strait Islander Peoples,
96 <https://www.lawcouncil.asn.au/files/webpdf/Justice%20Project/Final%20Report/Aboriginal%20and%20Torres%20Strait%20Islander%20P
eople%20%28Part%201%29.pdf>.
74
Australian Law Reform Commission, Pathways to Justice—An Inquiry into the Incarceration Rate of
Aboriginal and Torres Strait Islander Peoples (ALRC Report 133, March 2018) 16
<https://www.alrc.gov.au/publication/pathways-to-justice-inquiry-into-the-incarceration-rate-ofaboriginal-and-torres-strait-islander-peoples-alrc-report-133/>; See Australian Human Rights
Commission, Submission to the Queensland Parliament, Community Support and Services
Committee, Inquiry into the decriminalisation of certain public offences, and health and welfare
responses (August 2022) <https://documents.parliament.qld.gov.au/com/CSSC0A12/IDCPOHWR-FA50/submissions/00000040.pdf>.
75
Police Administration Act 1978 (NT) s 133AB.
76
Victoria Tauli-Corpuz, Special Rapporteur on the Rights of Indigenous Peoples, End of Mission
Statement by the United Nations Special Rapporteur on the rights of indigenous peoples, Victoria
Tauli-Corpuz on her visit to Australia (2017); See also Human Rights Law Centre and Change the
Record Coalition, Over-represented and Overlooked (May 2017) 12. Paperless arrests have been
attributed to at least one death in custody: in 2015 Northern Territory Coroner Greg Cavanagh
found that the laws were ‘manifestly unfair’ and ‘irreconcilable’ with the recommendations of
the Royal Commission into Indigenous Deaths in Custody: Inquest into the death of Perry
Jabanangka Langdon [2015] NTMC 016 [25],
77
Jaqueline Breen, 'Backflip on NT Government promise to repeal 'manifestly unfair' paperless
arrest laws' ABC News (Online) 21 August 2020 <https://www.abc.net.au/news/2020-08-21/chiefminister-backflip-nt-paperless-arrest-laws/12580178>.
78
See, for example: Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 (Qld);
Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 (Qld); Criminal Code Act
Compilation Act 1913 (WA) s 297, 318; Crimes Amendment (Murder of Police Officers) Act 2011
(NSW); Sentencing Amendment (Violent Offences) Act 2008 (NT); Sentencing Amendment (Mandatory
Minimum Sentence) Act 2013 (NT); Criminal Code Amendment Act (No 2) 1996 (WA); Criminal Code
Amendment Act 2009 (WA); Sentencing Legislation Amendment Act 2014 No. 6 (WA); Criminal
Organisations Control Act 2012 (WA); Crimes Amendment (Gross Violence Offences) Act 2013 (VIC).
79
Australian Human Rights Commission, Amicus Curaie: Magaming v The Queen [2013] HCA 40 (11
October 2013) <https://www.humanrights.gov.au/our-work/legal/submissions/submissioncourt-intervener-and-amicus-curiae>; Law Council of Australia, The Justice Project Final Report –
Part 1 – People with Disability (August 2018) <https://www.lawcouncil.asn.au/justice-project/finalreport; and Australian Law Reform Commission, Pathways to Justice—An Inquiry into the
Incarceration Rate of Aboriginal and Torres Strait Islander Peoples (ALRC Report 133, March 2018):
<https://www.alrc.gov.au/publication/pathways-to-justice-inquiry-into-the-incarceration-rate-ofaboriginal-and-torres-strait-islander-peoples-alrc-report-133/>. See: Sentencing Act (NT) s 78DH;
Criminal Code 1913 (WA) ss 297, 318, 401 (4).
80
Following the introduction of a mandatory sentencing scheme for certain assault offences in
the Northern Territory in 2008 research found that although there were few differences in
sentencing outcomes for repeat offenders, Aboriginal and Torres Strait Islander males were 68
times more likely to be convicted of, or come into contact with the justice system for, this kind
of offence. Stephen Jackson and Fiona Hardy, ‘The Impact of Mandatory Sentencing on
51