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Aboriginal deaths in custody is a political and social issue in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
. It rose in prominence in the early 1980s, with Aboriginal activists campaigning following the death of 16-year-old John Peter Pat in 1983. Subsequent deaths in custody, considered suspicious by families of the deceased, culminated in the 1987 Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The final RCIADIC report, published in 1991, did not find higher rates of death of Aboriginal people compared to non-Aboriginal people; however, it did highlight deficiencies in care, both systemic and individual, and disproportionate rates of imprisonment due to historical and social factors. , Aboriginal people maintain a disproportionate level of exposure to the justice system and incarceration in Australia. One of the recommendations of the RCIADIC was that statistics and other information on Aboriginal and non-Aboriginal deaths in custody should be monitored nationally on an ongoing basis, by the
Australian Institute of Criminology The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and criminal justice. The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research ...
(AIC). As
Australian census The Census in Australia, officially the Census of Population and Housing, is the national census in Australia that occurs every five years. The census collects key demographic, social and economic data from all people in Australia on census nig ...
and prison statistics include both Aboriginal and
Torres Strait Islander Torres Strait Islanders ( ) are the Indigenous Melanesians, Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal Australians, Aboriginal peoples of the res ...
people, the counts have included both groups, as
Indigenous Australians Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. The ...
. The Australian Institute for Health and Welfare reports that the total Indigenous age specific deaths in 2018 were 164 per 100,000 for 25-34 year olds, and 368 for 35-44 year olds. These are the most relevant age groups for the current 12,000 Indigenous prisoners, with a median age of 32. In a group of 12,000 Indigenous 25-44 year olds, an average yearly death rate of around 32 per year occurs even outside prison. The Indigenous death rate in prison is about 15 per year, or half of this. As of June 2021 the AIC had recorded 489 Indigenous deaths in custody since the Royal Commission (June 1991). The majority (65%) had been prison deaths with almost all the rest of the deaths in police custody or custody related operations. The AIC's monitoring program reports Indigenous Australians have made up 18% of prison deaths and 20% of deaths in police custody or custody related operations in this time. This is well above their proportion in the general population that was 3.3% in the 2016 national census. Although the majority of deaths occurring in prison custody have been of natural causes (58%), hanging deaths accounted for 32%, but the latter have shown a marked decrease in recent years. Although they are greatly over-represented in the prisons, Indigenous prisoners have had a lower death rate than non-Indigenous prisoners since 2003. In 2020-21 the death rate for Indigenous prisoners was 0.09 per 100 compared to the non-Indigenous rate of 0.18. Unfortunately, for technical reasons it is not possible to calculate death rates of Indigenous or non-Indigenous people in police custody or custody related operations. Of deaths in police custody, the total between mid-1991 and mid-2016 was 146, with 47% attributed to accidental death (with most of these happening under police pursuit). 21% were attributed to natural causes, with self-inflicted deaths accounting for 19%. There is, however, a number of cases in which calls have been made for greater scrutiny, as avoidable deaths, such as those of Ms Dhu, Tanya Day, David Dungay and Rebecca Maher. Additional protests focusing on Aboriginal deaths in custody, accompanied by renewed media attention, were triggered by the
murder of George Floyd On May 25, 2020, George Floyd, a 46-year-old Black American man, was murdered in Minneapolis by Derek Chauvin, a 44-year-old White police officer. Floyd had been arrested after a store clerk reported that he made a purchase using a c ...
in the US as part of the June 2020
protests in Australia A protest (also called a demonstration, remonstration, or remonstrance) is a public act of objection, disapproval or dissent against political advantage. Protests can be thought of as acts of cooperation in which numerous people cooperate ...
. Aboriginal deaths in custody and high incarceration rates were originally absent from the
Australian Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the pr ...
's "
Closing the Gap The Closing the Gap framework is a strategy by the Commonwealth and state and territory governments of Australia that aims to reduce disparity between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians on key health, ...
" strategy. As part of a 2018 pivot to a new phase, the
Council of Australian Governments The Council of Australian Governments (COAG) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local G ...
(COAG) drafted targets to reduce Aboriginal custody rates by 2028.


Background


Royal Commission into Aboriginal Deaths in Custody

Concern about the high number of Aboriginal people who had died in custody in the 1980s led to the establishment of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1987, to investigate and report upon the underlying social, cultural and legal issues behind the deaths, including allegations of mistreatment of prisoners which may have led to their deaths. It ran from 1987 to 1991, investigating the period between 1 January 1980 and 31 May 1989, producing its final report in April 1991. Includes links to each segment of the report. The 1988
Australian Institute of Criminology The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and criminal justice. The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research ...
publication, ''Aboriginal Deaths in Custody'', says "The issue of Aboriginal deaths in prisons and holding cells is particularly complex". The report looks at the cases identified by RCIADIC by April 1988.
Criminologist Criminology (from Latin , 'accusation', and Ancient Greek , ''-logia'', from λόγος ''logos'', 'word, reason') is the interdisciplinary study of crime and deviant behaviour. Criminology is a multidisciplinary field in both the behaviou ...
Duncan Chappell, in his introduction to the report, writes that while the "problem of death in custody is by no means limited to Aboriginals", the "problem of Aboriginal deaths in custody is linked to fundamental issues which go beyond matters of criminal justice. It would be unfortunate if, by focusing on the criminal justice system, we lost sight of the profound social, cultural and economic problems which confront Aboriginal people". At the time of RCIADIC, there was no ability to compare Aboriginal with non-Aboriginal deaths in custody because the information was not available from state and territory governments. At that time, the greatest number of Aboriginal deaths in custody had occurred in
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
and
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
, half of the victims were under 28 years old, and the most common cause of death was hanging. More detailed analysis was needed, for instance into the different factors operating in police custody compared with correctional facilities. The term "death in custody" was defined in the RCIADIC report to include people under
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
(in police custody) or during the process of attempted detainment (including under police pursuit); on remand (pre-trial detention), in
prison A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
or
juvenile detention Juvenile may refer to: In general *Juvenile status, or minor (law), prior to adulthood * Juvenile (organism) Music * Juvenile (rapper) (born 1975), stage name of American rapper Terius Gray *''Juveniles'', a 2020 studio album by the band Kingsw ...
after sentencing, or attempting to escape from police or prison custody. RCIADIC concluded that the deaths were not caused by deliberate killing by police and prison officers, but that "glaring deficiencies existed in the standard of care afforded to many of the deceased". It reported that "Aboriginal people died in custody at the same rate as non-Aboriginal prisoners, but they were far more likely to be in prison than non-Aboriginal people", and that child removal (leading to what has since been dubbed the
Stolen Generation The Stolen Generations (also known as Stolen Children) were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian federal and state government agencies and church mis ...
) was a "significant precursor to these high rates of imprisonment". Many other historical and social factors were considered, showing a complex network of reasons as to why Aboriginal people were imprisoned at a higher rate. A 2018 review by
Deloitte Deloitte is a multinational professional services network based in London, United Kingdom. It is the largest professional services network in the world by revenue and number of employees, and is one of the Big Four accounting firms, along wi ...
commissioned in December 2017 by the then Indigenous Affairs Minister,
Nigel Scullion Nigel Gregory Scullion (born 4 May 1956) is a former Australian politician who served a senator for the Northern Territory from 2001 until 2019. He was a member of the Country Liberal Party (CLP) and sat with the National Party in federal parl ...
, found that only 64% of the recommendations had been fully implemented. It reported that 14% were "mostly implemented", 16% were "partly implemented" and 6% not at all. It also found that monitoring of deaths in custody had decreased nationwide, and the quality of data on police custody was "an ongoing issue". Prison safety had increased, but more staff were needed for mental and other health issues of Aboriginal prisoners. Regular in-
cell Cell most often refers to: * Cell (biology), the functional basic unit of life * Cellphone, a phone connected to a cellular network * Clandestine cell, a penetration-resistant form of a secret or outlawed organization * Electrochemical cell, a de ...
checks, particularly in police watch houses, were still deficient in some jurisdictions.


Disproportionate rates of imprisonment

Aboriginal and
Torres Strait Islander Torres Strait Islanders ( ) are the Indigenous Melanesians, Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal Australians, Aboriginal peoples of the res ...
people made up approximately 3.3% of the Australian population (798,365) in the
2016 Australian census The 2016 Australian census was the 17th Census in Australia, national population census held in Australia. The census was officially conducted with effect on Tuesday, 9 August 2016. The total population of the Commonwealth of Australia was count ...
. As of June 2018, Indigenous Australians aged 18 years and over were approximately 2% of the total adult population, while Indigenous prisoners accounted for 28% of the adult prison population, meaning that Indigenous adults are 15 times more likely to be imprisoned than non-Indigenous adults. The rate of imprisonment of Indigenous Australians almost doubled between 1991 and 2018. Indigenous youth are 26 times more likely to be placed in detention. According to the
Australian Institute of Health and Welfare The Australian Institute of Health and Welfare (AIHW) is Australia's national agency for information and statistics on Australia's health and welfare. Statistics and data developed by the AIHW are used extensively to inform discussion and policy ...
, in the June quarter of 2019 there was an average of 949 young people in detention per night: 90% of these were male, and 63% not yet sentenced. Indigenous youths made up 53% of the number. In the four years preceding June 2019, there were no clear trends shown in any of the statistical measures.PDF
/ref> The
Attorney-General for Australia The attorney-general of Australia (AG), also known as the Commonwealth attorney-general, is the Minister (government), minister of state and Attorney general, chief law officer of the Australia, Commonwealth of Australia charged with overseeing ...
commissioned the
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
(ALRC) in October 2016 to examine the factors leading to the disproportionate numbers of Indigenous peoples in Australian prisons, and to look at ways of reforming legislation which might ameliorate this "national tragedy". The result of this in-depth enquiry was a report titled ''Pathways to Justice – Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples'', which was received by the Attorney-General in December 2017 and tabled in Parliament on 28 March 2018. The report made 13 recommendations, covering many aspects of the legal framework and police and justice procedures, including that non-payment of
fine Fine may refer to: Characters * Fran Fine, the title character of ''The Nanny'' * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (p ...
s should not result in imprisonment.


Qualified improvement in death rate

Overall, the rate of Indigenous deaths in custody has reduced since 1991, lower than the rate of death of non-Indigenous people, which the AIC attributes to improved care by police and corrective services. However the rate of imprisonment of Indigenous people has climbed steeply, which is related to the higher number of deaths when compared with the 10 years examined by the RCIDIAC (99 in 10 years, compared with about 437 in 29 years). Non-Indigenous people have died in custody in greater numbers and at a higher rate than Indigenous people, since 1991; however, with the much higher numbers of imprisonment of Indigenous people, there are more deaths as a proportion of their total population.


Issues in WA

Attorney-General for Western Australia, John Quigley, said in June 2020 that there was "systematic discrimination" against Indigenous people in the
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
n justice system. Statistically, Indigenous people were far more likely to be stopped and questioned by police than non-Indigenous, more likely to be charged if arrested by police and less likely to get bail. Imprisonment of Indigenous people in WA was 4.1 per cent, compared with 2.6 nationally. The number of Indigenous adults going to prison, and young people being held in detention was still increasing, although the rate of imprisonment had slowed. He said that legislative reforms were being planned. WA has a higher number of Aboriginal deaths in custody since 1991 than any other state or territory. On 17 June 2020 reforms to the legislation relating to jail sentences for unpaid fines, long a bone of contention, spurred on by the death of Ms Dhu and finally introduced into Parliament in September 2019, was passed in WA. Between 1 July 2018 and 30 June 2019, 430 people spent time in custody for unpaid fines. Under the new legislation, most fine defaulters will do
community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community contributing to a noble cause. In many cases, people doing community service are compensated in other ways, such as gettin ...
if they fail to pay, with imprisonment a last resort, by order of a
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
only. The change was recommended by RCIADIC in 1991.


Definition

The RCIDIAC's Recommendation No. 6 in its final report stipulated that "death in custody" includes at least the following categories when considering post-death investigations: (Als
here
)
The Police Association of South Australia proposed a change to the legal definition in June 2020. PASA President Mark Carroll said that police were only involved in "very few" of these cases, with most of them occurring through
natural causes In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinc ...
,
suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
or violence between prisoners, and that several had occurred when the subjects had tried to flee from police and come to harm, including fatal car crashes. However this idea was opposed by the Aboriginal Legal Rights Movement (ALRM) and the opposition (
Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
) Aboriginal Affairs spokesperson
Kyam Maher Kyam Joseph Maher is an Australian politician and lawyer who has been Attorney-General of South Australia and the Leader of the Government in the Legislative Council since March 2022. He was appointed to a casual vacancy in the South Australia ...
, who said that it was important to keep consistency in the statistics for comparison purposes.


Statistics


Sources

Statistics on deaths in custody are extracted from different sources; there is no single authoritative list of deaths in custody, of any race. Under Australia's federal system, each state or territory has responsibility for
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
in their jurisdiction. Those held in prison custody (including institutions such as remand) are the responsibility of a state or territory department overseeing correctional services;
youth detention centre In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC),Stahl, Dean, Karen Kerchelich, and Ralph De Sola. ''Abbreviations Dictionary''. CRC Press, 20011202. Retrieved 23 August 2010. , . juvenile dete ...
s are overseen by a variety of types of departments (such as human/community services or youth justice), and those occurring in police custody during operations are the responsibility of each state or territory's
police force The police are a constituted body of people empowered by a state with the aim of enforcing the law and protecting the public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizen ...
, or alternatively the
Australian Federal Police The Australian Federal Police (AFP) is the principal Federal police, federal law enforcement agency of the Australian Government responsible for investigating Crime in Australia, crime and protecting the national security of the Commonwealth ...
. The
Australian Institute of Criminology The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and criminal justice. The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research ...
(AIC) uses data from its National Deaths in Custody Program (NDICP), as laid out in Recommendation 41 of the final report of the RCIADIC. (Where other sources for the statistics quoted below vary from the RCIADIC definition given above, or need further clarification, this is noted.)


Historical

1980–1989: The ''National Report'' (1991) of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) included a list of the deaths investigated by the commission, i.e. those occurring between 1980 and 1989. 1989–1996: A 1996 report prepared by prepared for the
Aboriginal and Torres Strait Islander Commission The Aboriginal and Torres Strait Islander Commission (ATSIC) (1990–2005) was the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were formally involved in the processes of government affecting thei ...
reported 96 Aboriginal deaths in custody in the seven years following the period examined by the RCIADIC, with a peak of 22 in 1995. A change in the definition of a death in custody in 1989 meant that only deaths in institutional settings (such as on remand, in prisons and youth detention centres), rather than police pursuit, could be examined when comparing the figures between the Royal Commission and post-Royal Commission periods. 1990–1999: A report comparing the number and circumstances of Indigenous deaths in custody during the 10-year period examined by RCDIAC with those in the following 10 years, found that the average annual rate of deaths has decreased from 4.4 deaths per 100,000 persons to 3.8 deaths per 100,000 people. As a proportion of ''all'' deaths in custody, those of Indigenous people had decreased from 21% to 18%. As a proportion of all deaths in custody, deaths in police custody (all races) had decreased, while prison deaths had increased. 2001–2011: A 2013 ''Monitoring Report'' by the AIC found that both Indigenous and non-Indigenous rates of deaths in custody had decreased in the ten years preceding 2011, including eight years in which the Indigenous rate of deaths in prison had been lower than non-Indigenous. Looking at police custody, those in institutional and close contact settings had been decreasing (attributed to better training of police and design improvements in holding cells), while "operational deaths" (such as pursuits) had shown an overall increase since the early 1990s, but some reduction between 2003 and 2011. 2013–2015: In the two years between 1 July 2013 and 30 June 2015, there was a total of 115 deaths (of all races) in prison custody, with over 70% of these due to
natural causes In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinc ...
, and 34 in police custody and related operations. 22% of the prison deaths and 19% of those in police custody were of Indigenous people. 2015–2017: In a ''Statistical Report'' looking at prison deaths between 2015 and 2016, the AIC reported that death rates of Indigenous prisoners " adbeen consistently lower than death rates of non-Indigenous prisoners since 2003–04". The death rate in 2015–2016 was 0.18 and 0.23 per 100 respectively, and in 2016–2017, 0.14 and 0.18 per 100 respectively. 1979–2018: The AIC's ''National Deaths in Custody Program report: Deaths in custody in Australia 2013–14 and 2014–15'', published in April 2018, reported a total of 2,608 deaths (of all races) in custody since 1979–80, with 1,600 deaths of those in prison and 985 in police custody. (In addition, 18 deaths had occurred in youth detention facilities and five in other justice facilities, but these were excluded from analysis in this report.) Of those 2,608 deaths, 500 had been Indigenous and 2,104 non-Indigenous people. 1990–2004: A report spanning 25 years summarised the trends in deaths during this period. Compared with the RDDIAC period (1980–1989), in which the majority of deaths (61%) occurred in police custody, during this 15-year period most of the deaths occurred in prison custody (63%). Deaths in police custody had decreased, while the number of deaths occurring during police operations increased, but the latter deaths were mostly of non-Indigenous persons. "While the number of deaths of non-Indigenous prisoners has consistently exceeded deaths of Indigenous prisoners, the rate of Indigenous prisoner deaths exceeded the rate of non-Indigenous prisoner deaths in just over half of the 15 years since RCIADIC, reflecting the general over-representation of Indigenous persons in the prison population." 1991–2016: A 2019 AIC ''Statistical Bulletin'', looking at 25 years of data since the Royal Commission (1 July 1991 to 30 June 2016), found that: * With reference to prison custody, "Indigenous people are now less likely than non-Indigenous people to die in prison custody" including a decrease in the rate of hanging deaths. Death from natural causes was the most prevalent cause, at 58% (140), followed by hanging, at 32% (78); 5% (12) were due to drugs and/or alcohol, and 4% (9) were due to external trauma. from mid-2003 to mid–2016, deaths due to natural causes surpassed hanging deaths. Deaths in prison custody had decreased overall for both Indigenous and non-Indigenous people. *With reference to police custody, it was not possible to calculate ''rates'' of death due to lack of reliable data, but there was no clear trend over the reference period based on raw numbers. The number of deaths in police custody in each year was "relatively small", with a total of 146 Indigenous deaths over the 25-year period. The largest number occurred in 2002–03 and 2004–05 (11 each), and the lowest in 2013–14 (1). As to the manner of death, 47% (68) of Indigenous deaths in police custody were classified as accidental with 57% (39) of these during motor vehicle pursuits and 19% (13) during another type of pursuit. Natural causes accounted for 21% (31), self-inflicted deaths 19% (28), "justifiable homicide" 7% (10) and "unlawful homicide" 5% (8). 56% (82) of Indigenous deaths were classified as deaths in which officers were not in close contact, while the remaining 44% (64) were deaths in which officers were in close contact with the deceased. This proportion was reflected similarly in the stats for non-Indigenous deaths in police custody (333 and 262 respectively).


Recent totals and analyses

1991 – June 2020: A total of at least 437 Indigenous deaths in custody have been recorded since 1991. 2008 – June 2020: ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' ''Deaths Inside'' database, tracking all Indigenous deaths in custody between 1 January 2008 and 5 June 2020, was created by ''
Guardian Australia ''Guardian Australia'' is the Australian website of the British global online and print newspaper, ''The Guardian''. Available solely in an Online newspaper, online format, the newspaper's launch was led by Katharine Viner in time for the 201 ...
'' reporters, using all available data available from coronial and other sources. It also includes all deaths that occurred in the presence of police officers, including those caused by self-inflicted injuries. It also includes deaths occurring during a police pursuit or traffic intercept by police. The total number is of deaths recorded is 164, with Western Australia recording the highest number for a state or territory (54). Of the total, 72 deaths were attributed to medical issues; 23 to
self-harm Self-harm refers to intentional behaviors that cause harm to oneself. This is most commonly regarded as direct injury of one's own skin tissues, usually without suicidal intention. Other terms such as cutting, self-abuse, self-injury, and s ...
and 23 to traffic accidents. Further analysis of the data showed that agencies "failed to follow all of their own procedures in 41% of cases where Indigenous people died"; and in the cases of 38% of Indigenous deaths, required medical care at some point was not given. In 42% of ''all'' deaths in custody (all races), "mental health or cognitive impairment was a factor", but Indigenous people with a diagnosed mental condition, including
brain injury Brain injury (BI) is the destruction or degeneration of brain cells. Brain injuries occur due to a wide range of internal and external factors. In general, brain damage refers to significant, undiscriminating trauma-induced damage. A common ...
and foetal alcohol syndrome, did not receive the required care in 49% of cases. Another finding was that Indigenous women fared worse than men in terms of receiving all appropriate medical care and the authorities following procedures. July 2018 – June 2019: The AIC report published in December 2020 (the most recent ) reports on deaths between July 2018 and June 2019. 781925304909 PDF/ref> The data tables in Appendices B, C and D can be downloaded in Excel format. (See table below.)


Responses

In Australia, all
deaths in custody A death in custody is a death of a person in the custody of the police or other authorities or while in prison. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect and ...
trigger an
inquest An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a cor ...
. By August 2018 it was found that there had been a lack of action on recommendations arising from inquests, including the recommendations made as part of the 1987 Royal Commission into Aboriginal Deaths in Custody. Over half of the Indigenous people who died in custody since 2008 had not been found guilty, as 56% were on remand, died while fleeing police or during arrest, or were in protective custody. Most were suspected of non-indictable offences, which typically carry sentences of less than five years.


Custody Notification Scheme

Custody Notification Schemes (CNS) have been set up in several states and territories. Implementation of a CNS has been shown to bring about a dramatic reduction in the numbers of Aboriginal deaths in police custody. In October 2016, the federal government offered funding for the first three years to the remaining states and territories which had not yet legislated a mandatory CNS; by July 2020, only
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
and
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
had not yet introduced such legislation.


Publicity and community action

Since the
murder of George Floyd On May 25, 2020, George Floyd, a 46-year-old Black American man, was murdered in Minneapolis by Derek Chauvin, a 44-year-old White police officer. Floyd had been arrested after a store clerk reported that he made a purchase using a c ...
and the protests that followed in the US in the first week of June 2020, Aboriginal deaths in custody have come into focus again. The last day of
National Reconciliation Week National Reconciliation Week (NRW) is intended to celebrate Indigenous history and culture in Australia and foster reconciliation discussion and activities. It started as the Week of Prayer for Reconciliation in 1993, developing into National R ...
was marked by a candlelight vigil in
Brisbane Brisbane ( ; ) is the List of Australian capital cities, capital and largest city of the States and territories of Australia, state of Queensland and the list of cities in Australia by population, third-most populous city in Australia, with a ...
's Musgrave Park on 3 June 2020, with 432 candles lit for each of the Aboriginal deaths in custody since the 1991 end of the Royal Commission into Aboriginal Deaths in Custody, and an extra one for
George Floyd George Perry Floyd Jr. (October 14, 1973 – May 25, 2020) was an African-American man who was murdered by a white police officer in Minneapolis, Minnesota, during an arrest made after a store clerk suspected Floyd had used a counterfeit tw ...
. Protests planned in major cities on 6 June 2020 were met with differing responses by government and police in each state, owing to the
social distancing In public health, social distancing, also called physical distancing, (NB. Regula Venske is president of the PEN Centre Germany.) is a set of non-pharmaceutical interventions or measures intended to prevent the spread of a contagious dise ...
and other restrictions imposed during the
COVID-19 pandemic in Australia The COVID-19 pandemic in Australia was a part of the COVID-19 pandemic, worldwide pandemic of the coronavirus disease 2019 () caused by SARS-CoV-2, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first confirmed case in Aust ...
.


Closing the Gap

The federal government's
Closing the Gap The Closing the Gap framework is a strategy by the Commonwealth and state and territory governments of Australia that aims to reduce disparity between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians on key health, ...
strategy since 2008, which aims to reduce disadvantage among Indigenous Australians, had not addressed
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
issues during the first 10 years of its existence, but draft targets for 2019 created by the
Council of Australian Governments The Council of Australian Governments (COAG) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local G ...
(COAG) in December 2018 included one called "Justice (including youth justice)". This target aims to "Reduce the rate of Aboriginal and Torres Strait Islander young people in detention by 11–19% and adults held in incarceration by at least 5% by 2028", and the outcome of the target is that "Aboriginal and Torres Strait Islander people are not overrepresented in the criminal justice system". The new targets and an overhaul of the Closing the Gap framework were now being led by Indigenous people, with the project still under way as of February 2020, when the 12th Closing the Gap report was published. The
Minister for Indigenous Australians The Minister for Indigenous Australians in the Government of Australia is a position which holds responsibility for affairs affecting Indigenous Australians. Previous ministers have held various other titles since the position was created in 196 ...
, the Hon.
Ken Wyatt Kenneth George Wyatt (born 4 August 1952) is an Australian former politician. He was a member of the House of Representatives (Australia), House of Representatives from 2010 to 2022, representing the Division of Hasluck for the Liberal Party of ...
, said in early June 2020 that law reform alone cannot solve the justice problem: "We're working to address the factors that contribute to high incarceration rates". As one example, Wyatt cited the
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
n law which includes imprisonment as a punishment for not paying a fine. One of the RCIDIAC recommendations for state governments had been to review the offence of "
public drunkenness Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in certain countries related to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually requi ...
" as well as imprisonment for unpaid fines, as these played a large part in the number of Indigenous people in custody. The
Victorian Victorian or Victorians may refer to: 19th century * Victorian era, British history during Queen Victoria's 19th-century reign ** Victorian architecture ** Victorian house ** Victorian decorative arts ** Victorian fashion ** Victorian literatur ...
and
Western Australian government The Government of Western Australia is the Australian state democratic administrative authority of Western Australia. It is also commonly referred to as the WA Government or the Western Australian Government. The Government of Western Australi ...
s indicated these laws might soon be overturned, years after two women had died in custody in each state while being held for one of these reasons (Tanya Day and Ms Dhu), and WA effected the change on 17 June 2020. Senator Patrick Dodson, one of the Commissioners on the RCIDIAC, said in parliament that for too long there had been "nice words" and "good intentions", but there had been a lack of "action and commitment" to keeping Indigenous people out of prison.


Individual cases and findings


Notable incidents

*1983: John Pat, a 16-year-old boy killed in
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
Chapter 5: An Aboriginal death in custody: The case of John Pat
/ref> *1987: Kingsley Richard Dixon, a 19-year-old who died in
Adelaide Gaol Adelaide Gaol is a former Australian prison located in the Park Lands of Adelaide, in the state of South Australia. The gaol was the first permanent one in South Australia and operated from 1841 until 1988. The Gaol is one of the two oldest bu ...
, one of two cases which sparked the Royal Commission *1987: James Lloyd Boney, who died in
Brewarrina Brewarrina (pronounced ''bree-warren-ah''; locally known as "Bre") is a town in north-west New South Wales, Australia on the banks of the Barwon River in Brewarrina Shire. It is east of Bourke and west of Walgett on the Kamilaroi Highway, a ...
, New South Wales, leading to the
Brewarrina riot The Brewarrina riot was a 1987 riot by Aboriginal Australian men in the town of Brewarrina, in the north-west of the state of New South Wales, Australia, after a death in custody of local man James Lloyd Boney. It was a significant event in Abori ...
*1989: David Gundy, who died aged 29 in
Marrickville Marrickville is a suburb in the Inner West of Sydney, in the state of New South Wales, Australia. Marrickville is located south-west of the Sydney central business district and is the largest suburb in the Inner West Council local government ...
,
Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
, on 27 April 1989 *2004: Mulrunji Doomadgee, on
Great Palm Island Great Palm Island, usually known as Palm Island, is the largest island in the Palm Island, Queensland, Palm Islands group off North Queensland, Northern Queensland, Australia. It is known for its Aboriginal Australian, Aboriginal community, the ...
,
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
*2014: Ms Dhu, in South Hedland, Western Australia. Dhu was a 22 year old woman who called police to report her boyfriend for domestic violence. When police arrived, they arrested Dhu for overdue fines. Dhu had internal injuries inflicted by her boyfriend, and complained of pain. Police took her to a medical centre 3 times, on the third visit she died. In 2016 the Coroner's Inquest found police had subjected Dhu to "inhumane" treatment, her medical treatment was "deficient" and recommended that Western Australia stop imprisoning people for unpaid fines. In 2020, the Parliament of Western Australia responded by passing a law which stipulated only a Magistrate could order someone imprisoned for unpaid fines. *2015: Kumanjayi or Kwementyaye Langdon, known in life as Perry Jabanangka Langdon, a Warlpiri artist whose work is held by the
National Gallery of Victoria The National Gallery of Victoria, popularly known as the NGV, is an art museum in Melbourne, Victoria (state), Victoria, Australia. Founded in 1861, it is Australia's oldest and list of most visited art museums in the world, most visited art mu ...
, died in custody on 21 May 2015 of
heart failure Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome caused by an impairment in the heart's ability to Cardiac cycle, fill with and pump blood. Although symptoms vary based on which side of the heart is affected, HF ...
in Darwin Watch House, around three hours after being detained under the "paperless arrest" powers for drinking alcohol in a dry zone in Darwin. There was a two-day inquest, which found that he had not been violent, and that while there had been "shortcomings" in the process, Langdon had received adequate care and supervision. The coroner was critical of the paperless arrest system, saying that it could lead to more deaths in custody, but the
Northern Territory Government The Northern Territory Government is the executive branch of the Northern Territory. The Government of Northern Territory was formed in 1978 with the granting of self-government to the Territory. The Northern Territory is a territory of the Co ...
did not take action to repeal the section of the ''Liquor Act'' (NT) that allowed for it. *2015: David Dungay, who died aged 26 in Long Bay Hospital at Long Bay Correctional Centre in Sydney. Dungay had
diabetes Diabetes mellitus, commonly known as diabetes, is a group of common endocrine diseases characterized by sustained high blood sugar levels. Diabetes is due to either the pancreas not producing enough of the hormone insulin, or the cells of th ...
and guards had asked him to stop eating biscuits. He died after five guards entered his cell and held him down while he repeatedly yelled "I can't breathe" and a prison nurse injected him with sedatives. A coronial inquest in November 2019 found that none of the guards should face disciplinary action, saying that their "conduct was limited by systemic deficiencies in training", but the professional conduct of the nurse should be reviewed by the Nursing Board. *2016: Rebecca Maher, a
Wiradjuri The Wiradjuri people (; ) are a group of Aboriginal Australian people from central New South Wales, united by common descent through kinship and shared traditions. They survived as skilled hunter-fisher-gatherers, in family groups or clans, a ...
woman, found dead in
Maitland, New South Wales Maitland () is a city in the Hunter Valley of New South Wales, Australia and the seat of Maitland City Council, situated on the Hunter River, New South Wales, Hunter River approximately by road north of Sydney and north-west of Newcastle, New S ...
police cell in July 2016, after being arrested for public intoxication. The coroner found that she would have survived if police had followed procedures. This was the first time an Aboriginal person had died in custody in NSW or the ACT since the Custody Notification Service was implemented. When Maher was taken into protective custody by police for being intoxicated, police were only obliged to call the CNS if an Indigenous person was taken into custody for an offence, not if they were detained as an intoxicated person, so they did not alert the CNS at the Aboriginal Legal Service (NSW/ACT). As a result of the coronial inquest into her death, in October 2019 the NSW government implemented a change to extend the CNS to cover police custody of intoxicated persons. *2016: Wayne Fella Morrison, a 29-year-old Wiradjuri,
Kokatha The Kokatha, also known as the Kokatha Mula, are an Aboriginal Australian people of the state of South Australia. They speak the Kokatha language, close to or a dialect of the Western Desert language. Country Traditional Kokatha lands extend ov ...
and Wirangu man died in the
Royal Adelaide Hospital The Royal Adelaide Hospital (RAH), colloquially known by its initials or pronounced as "the Rah", is South Australia's largest hospital, owned by the state government as part of Australia's public health care system. The RAH provides tertiary hea ...
on 26 September 2016, after being held at Yatala Labour Prison and put in the back of a transport van in the prone position, with a spit hood, cuffed by his ankles and wrists, and with eight prison guards inside. He was pulled from the back of the van unresponsive and taken to hospital, where he died three days later after his life support machine was switched off. Morrison's death sparked the first national Black Lives Matter protests for Aboriginal lives in October, 2016. The state
ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
's report in September 2020 said that Morrison was failed by the
Department for Correctional Services Department may refer to: * Departmentalization, division of a larger organization into parts with specific responsibility Government and military *Department (administrative division), a geographical and administrative division within a country, ...
(DCS), and made 17 recommendations, including that the use of body-worn video cameras for prison officers should be mandatory. DCS adopted some of the recommendations, and formed an agreement with Aboriginal Legal Rights Movement whereby all Aboriginal prisoners admitted to the Adelaide Remand Centre are able to access to the Aboriginal Visitors Scheme. The use of
spit hood A spit hood, spit mask, mesh hood or spit guard is a restraint device intended to prevent a person from spitting or biting. The use of the hoods has been controversial, as they are a potential suffocation risk. Justification for use Proponents ...
s was banned in SA in September 2021 as a result of Morrison's family and supporters advocating for 'Fella's Bill' – a spit hood prohibition Bill, tabled by SA-Best's Connie Bonaros MLC. After a 5-year long inquiry into Wayne Fella Morrison's death, and multiple delays, officers in the van maintained their right to protection against self-incrimination; their right to silence on what happened in the van. South Australia will soon be first state in Australia to ban spit hoods in law. *2017: Tane Chatfield, aged 22, at
Tamworth Correctional Centre Tamworth Correctional Centre, an Australian medium security prison for males, is located in Tamworth, New South Wales, north of Sydney. The facility is operated by Corrective Services NSW, an agency of the Department of Communities and Justic ...
on 22 September 2017 In August 2020 it was found by the coroner that he had committed suicide, but she criticised the inadequate care that he was given by the senior nurse in the hour before his death. * 2017: Tanya Day, a 55-year-old
Yorta Yorta The Yorta Yorta, also known as Jotijota, are an Aboriginal Australian people who have traditionally inhabited the area surrounding the junction of the Goulburn and Murray Rivers in present-day north-eastern Victoria and southern New South Wale ...
woman, fell into a coma in a police cell in Castlemaine in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
and later died in the Bendigo Base Hospital in December 2017. In April 2020 a coroner referred the case to prosecutors for further investigation, stating that her death was preventable. On 27 August 2020
Victoria Police Victoria Police is the primary law enforcement agency of the Australian States and territories of Australia, state of Victoria (Australia), Victoria. It was formed in 1853 and currently operates under the ''Victoria Police Act 2013''. , Victor ...
announced that they would not be laying charges against any officers, after receiving advice from the Office of Public Prosecutions. *2018: Nathan Reynolds, a 36-year-old man, died in the last week of his four-month sentence after an
asthma attack Asthma is a common chronic (medicine), long-term inflammation, inflammatory disease of the bronchiole, airways of the lungs. It is characterized by variable and recurring symptoms, reversible Airway obstruction, airflow obstruction, and easi ...
in the minimum-security
John Morony Correctional Centre Francis Greenway Correctional Complex, formerly John Morony Correctional Complex is an Australian minimum security prison complex for males and females located in Berkshire Park, south of Windsor in New South Wales, Australia. The complex is ...
(now part of the Francis Greenway Correction Complex) in Sydney in September 2018. The
coronial inquiry A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death. The official may also investigate or confirm the identity of an unknown person who has been found dead within th ...
showed that the prison staff's response was "unreasonably delayed", and contributed to his death. *2019: Kumanjayi Walker, a 19-year-old Warlpiri man, was shot and killed while resisting arrest on 9 November 2019 in the remote community of Yuendumu, Northern Territory. His case drew national and international attention and media coverage after Constable Zachary Rolfe was charged with his murder soon afterwards, but was acquitted in March 2022.


Tables


Deaths in prison custody 2019 table

Table B1 (2019) shows:


See also

*Age of criminal responsibility in Australia *
Closing the Gap The Closing the Gap framework is a strategy by the Commonwealth and state and territory governments of Australia that aims to reduce disparity between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians on key health, ...
, a government strategy aimed at reducing disadvantage among Indigenous people * Custody Notification Scheme *Deaths in custody *First Nations Deaths In Custody Watch Committee *George Floyd protests in Australia *Health Effects from Incarceration of Indigenous Australians *Indigenous Australians and crime *Punishment in Australia


Footnotes


References


Further reading


General reference

* Details of all Indigenous deaths in custody 2008−June 2020. **
''Google Scholar'' search results for "Aboriginal deaths in custody"
* *


Articles and opinion

* * * * * – about Mulrunji Doomadgee on Palm Island * * {{Authority control Indigenous Australian politics Australian people who died in prison custody