First Peoples communities continue to be the hardest hit by “populist, blunt and harmful” laws, the Australian Human Rights Commission says.
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Last month, more than 200 lawyers, academics, advocates and Indigenous organisations signed an open letter to Prime Minister Anthony Albanese, urging him to treat the over-incarceration of Aboriginal and Torres Strait Islander children as a national emergency.
In response, a government spokesperson said “only states and territories can set justice policies” and that “where we can, we are working to support early intervention diversion and, importantly, reduce recidivism”.
That position appears to contradict legal advice obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop, which found the Commonwealth could intervene under section 51(xxix) of the Constitution to meet its international human rights obligations.
