The Justice and Equity Centre (JEC) is representing two Aboriginal brothers in a racial discrimination case at the Federal Court, after they were subjected to more than 150 intimidating home checks by police across 20 months.
‘It feels like police target blackfellas more than anyone else. It feels like discrimination. By taking this to the Federal Court, my boys are standing up for their community and saying “enough is enough”,’ says JEC client Megan*, mother of the two boys.
When the home checks started, the boys were just 11 and 13. They were on bail for being passengers in a stolen car. Neither had a significant criminal record and the court had not authorised home checks.
The JEC represented the brothers in racial discrimination complaints at the Australian Human Rights Commission, but the complaints could not be settled through conciliation with NSW Police. The Federal Court will now determine if the home checks were discriminatory.
‘Hearing pounding on the door and seeing torches in the windows in the middle of the night is terrifying. And it was relentless,’ says Megan. ‘We want police to understand what that felt like but they don’t seem to be listening. Now me and my boys have to go to court and relive it just to get some justice.’
This case follows a 2023 finding by the Law Enforcement Conduct Commission that NSW Police were failing to meet Closing the Gap targets which seek to reduce the overrepresentation of Aboriginal people in the criminal justice system. Then-Police Commissioner Karen Webb said addressing these targets would lead to ‘competing duties’ for NSW Police.
The JEC commissioned expert analysis of NSW Police data by Professor Don Weatherburn and Associate Professor Anna Ferrante to support the brothers’ claims. The analysis reveals police target Aboriginal children on bail with home visits more often than non-Aboriginal children, with Aboriginal children 11.7% more likely to be checked and subjected to 42% more checks on average. Aboriginal children were also more than twice as likely to be the subject of ‘very frequent’ checks (more than 11 checks in 30 days).
‘Police say they treat everyone fairly, but it feels like we’ve been targeted. And the numbers back us up. We want police to stop targeting Aboriginal kids, and we want people to know what’s happening,’ says Megan.
If successful, this will be the first case where an Australian Court makes a finding of racial discrimination based on statistical evidence.
Woodsford Australia and CASL Management have provided partial indemnities against adverse cost risk for the plaintiff.
*A pseudonym has been used to protect the family’s identity.
Quotes attributable to Grace Gooley, Senior Solicitor at the Justice and Equity Centre.
‘Our clients are two young boys who were excessively targeted by police. We believe they were targeted because they’re Aboriginal.
‘Everyone should be treated equally by police under the law. But the data in our report and the experience of our clients indicates police are discriminating against Aboriginal children in how they conduct home checks of people on bail.
‘Stories like these are too common. NSW Police are failing on Closing the Gap targets and the disproportionate rates of arrest and imprisonment of Aboriginal young people in NSW are unacceptable.
‘This case is about holding NSW Police accountable for discriminatory practices that are harming Aboriginal children and their communities.
‘It’s disappointing that the complaint couldn’t be settled at the Human Rights Commission. Taking this case to the Federal Court forces NSW Police to take Aboriginal community complaints seriously and do more to address endemic discrimination.’
Communications Coordinator, Seamus May: 0478 739 280
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