Senate debates

Wednesday, 7 February 2024

Questions without Notice

Aboriginal Deaths in Custody

2:45 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

My question is for the Minister representing the Attorney-General, Minister Watt. We are in a black deaths in custody crisis, with 558 deaths since the 19991 Royal Commission into Aboriginal Deaths in Custody. Since coming into government, the Albanese government has implemented just one recommendation from the royal commission: a live body-bag count of our people coming out of prisons. Shame! That's one recommendation in two years. Minister, my question is: what's the next recommendation this government is going to implement?

2:46 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Senator Thorpe, for this question about a very important topic. You would be aware, Senator Thorpe, because I think you've asked similar questions about this before, that the Albanese government has been taking action in the time that we have been in government on these issues and on the issue of First Nations justice needs more generally.

More than 30 years on from the royal commission, deaths in custody continue to have a devastating impact on First Nations families and communities. While states and territories hold most of the levers, the Albanese government is playing a leadership role in tackling this issue. We know—

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

President, I raise a point of order on relevance. My question was: what's the next recommendation this government is going to implement?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, there was not a long preamble but there was a reference to black deaths in custody and recommendations which the minister is also entitled to go. But I will listen carefully and, if he doesn't fully address your question, I will draw him to the question.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

The Albanese government recognises that there is unfinished business when it comes to implementing the recommendations of the royal commission more than 30 years on from when it handed down its report. We know that the key to addressing what is a national shame, the rate of deaths in custody amongst First Nations people, and reducing that rate is reducing the rate at which First Nations people enter the criminal justice system in the first place. That's why we are investing in up to 30 community led justice reinvestment initiatives across Australia—

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

President, I raise a point of order on relevance. My question was: what is the next recommendation you're going to implement?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, the minister is being relevant to your question.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

As we are continuing work on those recommendations from the royal commission, we are taking other actions as well in the First Nations justice space, like investing in up to 30 community led justice reinvestment initiatives across Australia and establishing an independent national justice reinvestment unit, as recommended by the Australian Law Reform Commission.

The Attorney-General has also announced nine communities that were successful in the first round of justice reinvestment grants. Senator Thorpe, as I'm sure you are aware, they were in Cowra in New South Wales, Maningrida, Groote Eylandt

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

President, I raise a point of order on relevance. We know the history. We know about the tinkering around the edges. My question is: what is the next recommendation, Minister? Tell my people out there. Tell the country.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, your question also went to the broader issue of deaths in custody, which the minister is addressing. So the minister is being relevant to your question. The minister has indicated he's finished. So, Senator Thorpe, a first supplementary?

2:49 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

There are a number of recommendations to be implemented at the federal level, Minister, such as national monitoring of the implementation of the recommendations in all jurisdictions, getting Medicare, PBS and NDIS into prisons and raising the age of criminal responsibility. Which of these practical solutions to saving the lives of those in your prisons are you currently pursuing?

2:50 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Senator Thorpe. You've mentioned that one of the recommendations of the royal commission relates to the age of criminal responsibility, and that is a matter that the Attorney-General is working with the state attorneys-general on at the moment—so with his colleagues. So that is a recommendation where action is ongoing.

As I say, in the meantime we are taking other action on other matters, with our $99 million First Nations justice Package. That's delivered unprecedented Commonwealth investment in Aboriginal and Torres Strait Islander legal services and to provide culturally appropriate legal assistance in coronial inquiries and also real-time reporting of deaths in custody, which was introduced in June last year. As I say, the Attorney-General is also working closely with his state and territory colleagues on a proposal to raise the minimum age of criminal responsibility, to ensure that the youngest First Nations offenders are supported to turn their lives around rather than set on a cycle of imprisonment and reoffending.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, second supplementary?

2:51 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

Most prisons still contain hanging points. This is basically the government facilitating the suicide of those imprisoned under inhumane conditions, which happened again on Christmas Day. When was the last time your government worked with the states and territories to finally remove hanging points?

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I would have to take on notice the specific details about work that is going on on that particular recommendation. Obviously, that is something that we would like to see continued progress on. As Senator Thorpe was aware before she left the chamber, we have been working on this matter with the states and territories. Custodial premises—jails—are run by states and territories, and that is something that we need to work with them on.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Watt—

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I withdraw that.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you.