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

My question is to the Minister representing the Minister for Indigenous Affairs, Senator Ruston. I note that it has been nearly 30 years since the Royal Commission into Aboriginal Deaths in Custody and that the Commonwealth government has not been showing leadership in implementing these recommendations. I ask: is the government ashamed that at least 437 First Nations people have died in custody since the 1991 royal commission and that no criminal convictions have been brought for any of these deaths?

Hon. Senators:

Honourable senators interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! I'm going to insist on order during the asking of questions so I can hear them. The minister representing the Minister for Indigenous Australians, Senator Ruston.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

Thank you, Mr President, and I thank Senator Siewert for her question. Unquestionably, as a government we have made it very, very clear that we want to work with the states and territories, who have responsibility for the justice system, to make sure that we deliver better outcomes for Indigenous Australians, and, particularly, to deal with the issue of incarceration and improved justice and community safety outcomes. We also want to make sure that we work with Indigenous Australians, the peaks and Indigenous people to make sure that we are delivering the outcomes that they so desperately want. There is no question that Aboriginal and Torres Strait Islander peoples are overrepresented in our adult and youth justice systems, both as offenders and as victims. This is seen upstream, particularly in the child protection system. But we also need to remember that Indigenous Australians are less likely to die in custody than non-Indigenous Australians. As the Royal Commission into Aboriginal Deaths in Custody found, the fundamental issue is that there are too many Indigenous Australians in custody, too often. So it must go without saying that the most important thing—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! Senator Siewert on a point of order.

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

I asked: is the government ashamed of that number of First Nations peoples who have died in custody? I asked the minister to address that particular issue.

Scott Ryan (President) Share this | Link to this | Hansard source

I remind senators that when questions contain lengthy preambles, assertions and, particularly, language that can be challenged, the minister is entirely in order and has more discretion in being directly relevant in answering the question. Senator Siewert, that was part of your question following a preamble. Senator Ruston is in order.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

Thank you very much, Mr President. Senator Siewert, as I think Senator Cormann mentioned in response to the question that he was asked earlier in question time by Senator Wong, the Western Australian Treasurer, Ben Wyatt, acknowledged that, if there were an easy solution, the solution would already have been implemented. This is a very complex problem, and it is going to require all Australians to support the decisions of governments and of communities to make sure that this presentation all too often of Indigenous Australians in the justice system is reduced, because, as I said, reducing the number of Indigenous Australians in contact with the justice system by addressing the underlying— (Time expired)

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Siewert, a supplementary question?

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

Is the government ashamed that First Nations peoples are the most incarcerated peoples in the world per capita?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

Thank you, Senator Siewert, for your follow-up question. It is quite clear that all Australians would like to see lower levels of Indigenous people in incarceration. In fact, we would like to make sure that we have a system that encourages people not to encounter the justice system in the first place. That's why it is so important, particularly as it relates to Indigenous Australians, that we, as governments—not just the federal government but state and territory governments around Australia—engage with the peak organisations in Indigenous communities to make sure that we can define and clearly articulate targets and then work towards those targets to make sure that we do close the gap. Rates of youth detention, in particular, as we all know, are tremendously high, but we should address not just youth detention but also adult incarceration. It is so important that we address this issue.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Siewert, a final supplementary question?

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

Why is it that The Guardian Australia is left to track deaths in custody? Why doesn't the government have a centralised mechanism in place for keeping track of deaths in custody nationally? Why aren't you doing it?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

I draw to the attention of the senator that the federal government has made a large commitment in terms of addressing many issues around the Closing the Gap targets. One of the things that the federal government has offered to fund is a custody notification service for each state and territory, so that we can make sure that we are providing culturally appropriate services to people who find themselves incarcerated, and also make sure that the supports that they need and the support agencies that are able to provide those services are notified in an appropriate time frame to make sure that Indigenous people who are incarcerated are able to get access to those services. This custody notification scheme provides an important means by which to reduce the likelihood of Aboriginal and Torres Strait Islander deaths in custody by making sure that we provide Indigenous Australians with appropriate support services should they find themselves in jail.