Rachel Siewert (WA, Australian Greens) Share this | Hansard source

Tonight I rise to speak on the appalling increase in the rate of incarceration of Aboriginal and Torres Strait Islander people and the continuing deaths in custody in this country. Late last year, the Productivity Commission's Overcoming Indigenous disadvantage report showed that the rate of Aboriginal imprisonment had more than doubled in the last decade, while the rate of imprisonment for non-Indigenous Australians remained relatively constant. The high incarceration rate continues to worsen.

I was recently at the Finance and Public Administration References Committee hearing in Perth which was taking place as part of the inquiry into Aboriginal and Torres Strait Islander experience of law enforcement and justice services. Based on the submissions and the evidence given on that day, it is clear that the situation is dire and is worsening. I would like to quote from Chief Justice Martin, who spoke at the hearing and presented evidence to the inquiry about Aboriginal people's experience in the justice system in Western Australia. As part of his evidence he said:

Aboriginal people are more likely to be spoken to by police than non-Aboriginal people. When spoken to by police, if suspected by criminal offending, they are more likely to be arrested than proceeded against by summons. If they are arrested, they are less likely to get bail. When brought before a court, they are more likely to plead guilty. If they contest their guilt, they are more likely to be convicted. If convicted, they are more likely to be sentenced to a term of imprisonment than a non-custodial sentence and, when considered by the parole board, they are less likely to be granted parole … at almost every step in the process, systemic disadvantage is built in and works against Aboriginal people.

Western Australia detains young Aboriginal people at a much higher rate than any other state or territory, and the rate of overrepresentation is rising. Justice Martin clearly outlined the need for succinct and streamlined national data that painted a picture of Aboriginal and Torres Strait Islander incarceration state by state. An example he gave was to know why the number of people on remand in Western Australia has grown significantly over the last two or three years—and he did not know that.

Nationally, an alarming number of Aboriginal people have died in custody since the Royal Commission into Aboriginal Deaths in Custody, and the majority of the 339 recommendations made by the commission have not been implemented. These recommendations address not only specific issues about the justice system but also the need to address issues of disadvantage, and they made a lot of very specific recommendations about that. This year, 4 August unfortunately marked one year since the death of Ms Dhu, a young 22-year-old Aboriginal woman who died in Port Hedland whilst in police custody for unpaid fines. Thanks to campaigning by Ms Dhu's family and friends, an inquest was promised and will now be held this November. Initially it was promised by Premier Colin Barnett for the middle of this year. Unfortunately, he failed to meet that commitment, but we are pleased to see the date finally set for November.

However, there are a number of Aboriginal people in Western Australia who have died in custody in Western Australia for whom we are still awaiting inquests to be carried out. Ms Dhu's family and friends lobbied very vigorously to achieve a commitment for an inquest by the state government. Families of Aboriginal men and women who died in custody in Western Australia at a similar time to Ms Dhu have not received any such commitment of an inquest—and it should not have to be up to members of people's families to lobby and campaign for an inquest.

I would like to take a minute to raise awareness of these people who have died in custody and their families. On 30 November 2012, Ms Mandijarra, who was 44, died in the Broome Police Station lock-up. She had been arrested for drinking in public. An inquest is yet to be held. On 6 March 2013, Mr Jayden Stafford Bennell, who was aged 20, was found dead in his cell at Casuarina. It is believed his death was a suicide. An inquest is yet to be held. On 22 October 2014, Mr Wallam was found dead in his cell at Casuarina. It is reported that his death was a suicide. An inquest is yet to be held. He was in fact due to be released in January. His death is supposedly being reviewed as part of the task force Mr Barnett set up to review Ms Dhu's death. I pay my deepest condolences to the families of these Aboriginal men and women who were let down by the system in Western Australia.

In Australia, we have not enough to address the recommendations of the royal commission, and I dare to say that, if those recommendations had been implemented, those deaths may not have occurred. Our federal and state governments are not taking enough action to drive down the high incarceration rates and the rates of deaths in custody of Aboriginal and Torres Strait Islander peoples. I urge the Premier of Western Australia to urgently look into the fact that these three deaths in custody have not yet had inquest dates set to inquire into these deaths.

One of the actions that needs to be taken to address this terrible issue is to set justice targets, so that we have a clear, transparent and accountable process to look at justice, incarceration rates and deaths in custody. Each year following the apology and then Prime Minister Mr Rudd's commitment to report against the Closing the Gap targets we have had at the beginning of each year a report on progress against those targets. If we had justice targets every year the government in power would have to report against those targets every year and this place would be forced to pay attention, and governments—federal, state and territory—could be held accountable.

We do not have these targets, unfortunately, because this government, despite their commitment in opposition, did not deliver on their commitment to put in place justice targets when they came into power. This backflip by the government upset many in our community and many Aboriginal and Torres Strait Islander leaders and organisations, including the national peak body for Aboriginal and Torres Strait Islander Legal Services, NATSILS, who were seeking a pledge to consider justice targets as part of the Closing the Gap policy agenda. The government in opposition agreed and then did not do it. Late last year the Senate backed my motion to establish justice targets which would help provide a clear framework for the federal government to work with communities, the states and territories and Aboriginal organisations to start putting in place a meaningful approach around the targets in order to reduce incarceration rates and to address deaths in custody.

There should be a commitment by this government to justice targets. Given the increasing number of Aboriginal and Torres Strait Islander peoples being incarcerated, it is obvious that our federal government and our state and territory governments are not doing enough to address this issue. Senator Scullion, the Minister for Indigenous Affairs, has previously said the targets aimed at Closing the Gap on imprisonment levels would send the wrong signal, that Aboriginal offenders were different from others. In my opinion, this is a baseless statement that is stopping a more strategic national approach and stopping a focus on reducing incarceration rates and addressing the major issues of disadvantage that continue to face Aboriginal communities—the same as they did when the 339 recommendations were made by the Royal Commission into Aboriginal Deaths in Custody.

I do not know if the government are worried that setting targets will in fact hold them to a level of accountability that they feel nervous about. I urge them to reconsider the justice targets and, in setting those targets, to consult with Aboriginal and Torres Strait Islander organisations and the broader community. Australia needs to address these appalling rates of incarceration now and urgently.