The federal government has again failed to meaningfully acknowledge the overincarceration of Indigenous people, First Nations legal groups say, arguing its approach is not improving community safety.
Last week’s Closing the Gap report showed incarceration rates for Aboriginal people continue to rise nationwide. Independent analyses have partly attributed the increase to “punitive” bail laws introduced by states and territories.
The Commonwealth’s response has drawn criticism from legal and policy experts, who say it has been too lenient on jurisdictions that ignore their commitments under the agreement. Several have previously told National Indigenous Times the framework is ineffective if governments can breach it without consequence.
The National Aboriginal and Torres Strait Islander Legal Services (NATSILS) says the government’s continued focus on dialogue with states and territories, whilst meaningful reform is delayed, is dangerous.
“We need decisive action and leadership from the Prime Minister to address Closing the Gap failures – something that he should not shy away from and instead work with us directly to improve,” said NATSILS acting chair Nerita Waight.
“We are calling on the Prime Minister to step up and call a national summit on youth justice so we can make meaningful progress in Closing the Gap, not just gloss over the worsening incarceration gap.”
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While the federal government has maintained youth justice settings — including the minimum age of criminal responsibility — are matters for states and territories, legal advice obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop found the Commonwealth could act under section 51(xxix) of the Constitution to meet its international obligations.
