INDIGENOUS INCARCERATION: UNLOCK THE FACTS - PWC'S INDIGENOUS CONSULTING MAY 2017 - PWC AUSTRALIA
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PwC’s Indigenous
Consulting
May 2017
Indigenous
incarceration:
Unlock the facts
www.pwc.com.auThroughout this report, the term ‘Indigenous’ is used to refer to both Australian Aboriginal and Torres Strait Islander people. The term ‘Aboriginal’ is retained when it is part of the title of a report, program or quotation. Disclaimer The information, statements, statistics and commentary contained in this report have been prepared by PwC from the available public information at the time. PwC may, at its absolute discretion and without any obligation to do so, update, amend or supplement this document. PwC does not express an opinion as to the accuracy or completeness of the information provided, the assumptions made by the parties that provided the information or any conclusions reached by those parties. PwC disclaims any and all liability arising from actions taken in response to this report. PwC, its employees, and any persons associated with the preparation of the enclosed documents are in no way responsible for any errors or omissions in the enclosed document resulting from any inaccuracy, misdescription or incompleteness of information provided or from assumptions made or opinions reached by the parties that provided information.
Foreword
Change the Record has been calling
for a shift towards investing in
early intervention, prevention and
Richmond and the KGI would like diversion initiatives. These are
Richmond Football Club and smarter solutions that increase
to thank the other partners that
the Korin Gamadji Institute safety, address the root causes
participated in the development of
Richmond Football Club (RFC) this report for their dedication and of violence against women, cut
and the Korin Gamadji Institute enthusiasm to unlock the facts and reoffending and imprisonment
(KGI) are pleased to have worked breakout the solutions. rates, and build stronger and
collaboratively with PwC, PwC’s safer communities.
Brendon Gale, CEO of
Indigenous Consulting (PIC) and This report backs up our key calls
Richmond Football Club and
Change the Record to develop this and has outlined a compelling case
Aaron Clark, Director of the
important piece of work. This report for governments at all levels to
Korin Gamadji Institute
highlights a significant issue in this act decisively, in partnership with
country that cannot be ignored Aboriginal and Torres Strait Islander
and, importantly, it recommends Change the Record people and their communities, to
actions that will drive meaningful Change the Record was established address this national crisis.
change. Indigenous incarceration in recognition that the rates at which
is a complex issue. The human The current piecemeal approach isn’t
Aboriginal and Torres Strait Islander
impact is immeasurable and the working. We need a comprehensive,
people are experiencing violence
economic impact staggering. This co-ordinated and holistic approach,
and being put in prison has reached
report breaks the issue down and which involves leadership and
a crisis point. These issues are some
the unavoidable conclusion is partnership from the Federal, state
of the most pressing social justice
that a different approach needs and territory governments to shift
challenges facing Australia.
to be taken. more investment into preventative
This is devastating lives and comes and early intervention approaches.
From the point of view of RFC at an enormous cost – both socially
and the KGI, it reaffirms the We know many of the solutions are
and economically – affecting not
critical nature of the work we already there. Now we need to make
only the individual, but also their
do and the importance of taking it happen, and do so in a way that
family and whole community. It is
a proactive approach that will empowers Aboriginal and Torres
clear that a different approach and
drive generational change. Each Strait Islander people, communities
urgent action is needed.
year we work with hundreds of and services to drive these solutions.
young Aboriginal and Torres Strait The social impact of a reduction
Shane Duffy and Antoinette
Islanders on leadership, cultural in imprisonment rates would be
Braybrook, Co-Chairs of the
affirmation and resilience, all critical significant, changing lives and
Change the Record Coalition
protective factors that reduce the transforming communities. However
likelihood of incarceration. It must this important collaborative report,
be an investment priority, along produced in partnership with PwC,
with other important opportunities PIC, RFC and KGI, plays a key role
outlined in the report. in highlighting the significant
economic impact, and potential
savings for Governments and in turn
the tax payer.
Indigenous incarceration: Unlock the facts | 3Purpose of this report
Indigenous incarceration in
Executive summary
Australia has been the subject
of many thorough and well
evidenced reports and reviews Disproportionate rates of Indigenous Australians are
dramatically over-represented in
over the past three decades Indigenous imprisonment
including the landmark Royal the criminal justice system, in each
are unfair, unsafe and state and territory. While Indigenous
Commission into Aboriginal
Deaths in Custody. unaffordable, but it doesn’t people represent only 3 per cent of
have to be that way Australia’s total population, they
Our report contributes new make up more than 27 per cent
economic modelling to the In the twenty-six years since the of our prison population and
evidence base. It estimates report of the Royal Commission 55 per cent of the youth detention
the costs of Indigenous into Aboriginal Deaths in Custody population.1
incarceration and the was tabled in the Parliament of
potential savings if Indigenous Australia, the proportion of the
incarceration rates were no prison population that is Indigenous
different to those of the non- has doubled.
Indigenous population.
Figure 1: Indigenous incarceration in Australia, by state and territory
The high, and growing, rates
of Indigenous incarceration
has a heavy impact on
individuals, families,
communities, and the
20%
Australian economy but it
doesn’t have to be this way.
Our modelling suggests that
84%
implementing a holistic suite
32%
of initiatives would contribute 38% 3%
significantly to closing the 2%
gap between Indigenous
and non-Indigenous rates of
incarceration, but this alone 19%
1%
would not be enough.
24%
Closing the gap requires 2%
systemic change, as well 24%
as smarter investment in 1%
programmatic solutions with 1%
8%
Indigenous Australians having Indigenous Australians as a proportion of
the population (adults)
ownership and control over 16%
3%
program settings. Indigenous Australians as a proportion of
the prison population (adults)
This report seeks to raise
awareness of, and calls
Source: ABS, Productivity Commission
for action to address, the
disproportionate rates of
Indigenous incarceration 1. ABS (2013). Estimates of Aboriginal and Torres Strait Islander Australians, June 2011. Canberra: ABS;
ABS (2016). Prisoners in Australia, 2016. Canberra: ABS; AIHW (2017). Youth justice in Australia 2015-
across Australia. 16. Table S75a: Young people in detention on an average day by sex and Indigenous status, states and
territories, 2015–16. AIHW Bulletin no. 139. Cat. No. AUS 211. Canberra: AIHW.
4 | PwCThis gap between the rates of Incarceration can also lead to loss of
Indigenous incarceration and culture, identity and connection to
non-Indigenous incarceration is the land. The cycle of disadvantage,
fundamentally unfair. poverty and incarceration continues,
making communities less safe in
On any given day, there are around the long run.
10,000 Indigenous adults in prison
(including roughly 1,000 women), As well as the human impact,
500 Indigenous youth in detention this report also finds that high
and many more Indigenous people in incarceration rates significantly
custody in police cells.2 impacts the Australian economy.
The high numbers of Indigenous This report calls for action to
people in prison has consequences address this unfair, unsafe and
for virtually all Indigenous people. unaffordable situation.
It impacts the individuals who
are incarcerated, as well as Our report shows that reducing
their families and communities. disproportionate Indigenous
Children with a parent in prison are incarceration rates is the right
particularly vulnerable, increasing and the fair thing to do, that
their risk of contact with the justice it will increase community
system later in life. safety, and that it will contribute
to reducing expenditure of
Australian governments.
Figure 2: Australian imprisonment rates
Indigenous men are imprisoned at 11 times the rate of the general male population
General male population Indigenous men
Indigenous women are imprisoned at 15 times the rate of the general female population
General female population Indigenous women
Indigenous youth are imprisoned at 25 times the rate of non-indigenous youth
Non-Indigenous youth Indigenous children and youth
Source: ABS (2016). Corrective services, Australia, June quarter 2016. Canberra: ABS; AIHW 2017. Youth justice in Australia 2015–16. AIHW
Bulletin no. 139. Cat. no. AUS 211. Canberra: AIHW.
2. ABS (2016). Corrective Services, Australia, June Quarter 2016. Canberra: ABS; AIHW (2017). Youth justice in Australia 2015–16. Table S85a: Young people
aged 10–17 in detention on an average day by Indigenous status, states and territories, 2006–07 to 2015–16 (rate). AIHW Bulletin no. 139. Cat. no. AUS 211.
Canberra: AIHW.
Indigenous incarceration: Unlock the facts | 5PwC, PwC’s Indigenous Through our partnership we We hope that our work will also
Consulting (PIC), Change the leveraged the skills of each of the inform two major government
organisations to contribute to reviews that are currently
Record, Richmond Football the existing knowledge base and underway: the Australian Law
Club and the Korin Gamadji increase awareness of Indigenous Reform Commission’s Inquiry into
Institute have come together incarceration in four ways: the incarceration rate of Aboriginal
to show our commitment 1. Economic modelling to quantify and Torres Strait Islander peoples
the current and projected economic and the Royal Commission into the
to tackling this issue and to Protection and Detention of Children
make a new contribution to costs of Indigenous incarceration
rates (refer to section 3). in the Northern Territory.
the existing knowledge base
2. Detailed research to identify
This work coincides with three We have looked beyond the
effective ways to reduce
significant milestones in Australia’s Indigenous incarceration rates justice system to identify the
reconciliation journey – the 50th (refer to section 4). key drivers of high Indigenous
anniversary of the 1967 referendum, incarceration rates, and to
3. Modelling the impact of
the 25th anniversary of the Mabo
decision, and the 20th anniversary
implementing a range of make a case for a holistic
initiatives would have on the costs approach to the issue
of the Bringing them Home report. It
of Indigenous incarceration (refer
is a timely opportunity to celebrate As an ongoing consequence of
to section 6). It is important to
achievements, but also to drive colonisation and dispossession,
note that we have not undertaken
change in areas which continue to be and the social impacts that
a full cost benefit analysis
in serious need of reform. followed, Indigenous people are
although this would be important
Our five organisations, PwC, PIC, future work. the most disadvantaged group
Change the Record, the Richmond in Australia on a number of
4. A public awareness campaign to
Football Club and the Korin Gamadji indicators.3 Our research shows
communicate the findings of the
Institute, have a shared interest in there is a strong link between
project and the need for urgent
tackling this important national intergenerational disadvantage,
and major action to address high
issue that affects the lives of many poverty and incarceration.
Indigenous incarceration rates.
Indigenous people.
Figure 3: Key drivers of Indigenous incarceration
Employment
Education
Health
Disability Contact with
juvenile
Previous contact justice system
with justice
Poverty & system
disadvantage Substance
abuse Police
Housing Relationship
Social with the justice
Underlying
exclusion and
Additional system
causes racism factors
related to
the justice
system
Courts
Experience
of trauma Recidivism
Access to legal
assistance
Legal policy
Inter- Child settings
generational protection
trauma
Family violence/
sexual abuse
3. Australian Government Department of the Prime Minister and Cabinet (2017). Closing the Gap: Prime Minister’s Report 2017. www.closingthegap.pmc.gov.au/
sites/default/files/ctg-report-2017.pdf. Accessed April 2017.
6 | PwCTackling economic and social Our modelling shows that While our modelling shows
disadvantage, increasing income Indigenous incarceration is costing that investing in a range of
equality and improving access to the Australian economy $7.9 billion
high-quality health, education, per year and this cost is rising.
initiatives will reduce the rate
employment and housing can This comprises whole of economy of incarceration, this alone
directly influence rates of offending. impacts including loss of productive will not close the gap. Action
That’s why our report takes a holistic output (economic costs) as well as is required across a broader
approach and emphasises the separating out the direct costs to
importance of addressing the key governments (fiscal costs) as set out
range of areas
drivers of Indigenous incarceration. in Figure 4.4 Reducing the rates at which
Indigenous children, young people,
Although there are factors within If nothing is done to address
men and women are imprisoned in
the justice system that, if addressed, disproportionately high rates of
Australia is a complex challenge. We
could help close the gap between Indigenous incarceration, this cost
know from the evidence that there
Indigenous and non-Indigenous will rise to $9.7 billion per year in
are no simple or straightforward
rates of incarceration, addressing 2020 and $19.8 billion per year
solutions, and the issue requires a
the key drivers that lead to offending in 2040 (section 3). Closing the
multi-pronged approach.
and contact with the justice gap between Indigenous and non-
system in the first place has the Indigenous rates of incarceration Evaluations show that initiatives
greatest potential for impact in the would generate savings to the and programs exist that are effective
longer term. economy of $18.9 billion per year in reducing the incarceration
in 2040. rates. Despite this, a program or
Our economic modelling Further detail on our economic
initiative based response alone is
shows the cost to the not enough. Indigenous Australians
modelling is provided in
must have control, ownership and
Australian economy of sections 3 and 6.
involvement in the solutions. Arming
Indigenous incarceration the Australian community with the
is almost $8 billion facts that sit behind this challenge is
($7.9 billion) per year also important.
and rising
Figure 4: Estimated costs of Indigenous incarceration in 2016
Unquantified costs,
including:
• Loss of culture
• Marginalisation
• Isolation
• Absence from
Unquantified
community and family
costs
$8,000
$7,892
$1,148.2 Total quantified costs
$1,177.9
$6,000
Fiscal costs
$1,556.7
$62.5 $16.2
$4,000
!"%$'((&%!!
$2,000 $3,931.3
$0
Justice Welfare Forgone Cost of Crime Loss of Excess Unquantified
taxation productive output Burden of tax costs
4. Fiscal costs relate to actual expenditure, economic costs include actual expenditure, as well as productivity losses related to lost output.
Indigenous incarceration: Unlock the facts | 7Addressing the key drivers of 5. Initiatives and programs: In The current reliance on mainstream
Indigenous incarceration such addition to broader system level services needs to shift, with the
as poverty, disadvantage and reform, specific initiatives and optimal scenario one in which
experiences of trauma requires programmatic responses are Indigenous communities own and
broader system reform. Law reform required – particularly Indigenous deliver more of their own services
is also needed. community controlled and led and initiatives. Under such a
initiatives. scenario, ACCOs would play a
Key elements of the approach key role.
required are outlined in Figure 5.
The outer ring of this diagram Self determination
represents the key foundations of the System reform
The evidence is clear that
recommended approach. The central community involvement in the Research points to the interlinked
pyramid provides a categorisation design and delivery of programs nature of the causes and the factors
framework of potential initiative is important. This requires more leading to over-representation of
or program responses. In summary than consultation and includes Indigenous Australians in prison.
components of our recommended community ownership and control. These include poverty, disadvantage,
approach are: lower levels of educational
Across each state and territory, attainment, higher incidence of
1. Self-determination: Like all ACCOs have been established
Australians, Indigenous people mental and cognitive disabilities,
to deliver culturally aware and higher incidence of involvement
have a right to determine their responsive health, legal, housing,
own political, economic, social with the child protection system,
childcare and other human lack of employment opportunities
and cultural development. This services to Indigenous people.
human right is an essential and access to housing.
These community owned, culturally
approach to overcoming aware and responsive environments System-wide reform is required.
Indigenous disadvantage and provide a safe setting for Indigenous This includes accountability for the
includes building connections people to access services as there achievement of outcomes consistent
to culture and a strong role for is long-standing trust and respect with the broader Closing the
Aboriginal Community Controlled between ACCOs and communities. Gap targets.
Originations (ACCOs) in the
formation of any solutions.
2. System reform: The key
drivers of over-representation
of Indigenous people in prisons Figure 5: Responses and solutions: a holistic response is needed
will not be addressed by a single
initiative or program. Instead,
whole of system solutions are
on 2.
required across a range of
nati Sy
traditional government policy i ste
and portfolio areas, including rm
m
e
et
education, health, human
re
-d
Prison
services, welfare and justice.
for
elf
Initiatives
system and
post-release
m
3. Law reform: This includes delivered within
1. S
the justice
consideration of changes to system
Targeted
laws and legal policy settings intervention
which contribute to the over-
representation of Indigenous
people in prison. Initiatives Early
delivered outside intervention
4. Increased community of the justice
system
4. Inc
awareness: Despite landmark
Universal /
reports, inquiries and reviews prevention
such as the Royal Commission
re a
into Aboriginal Deaths in Custody,
the level of understanding in
se d
the Australian community
5. Initiatives and programs
rm
co
of the issues, causes, rates
fo
m
m
and consequences of over-
re
un
representation of Indigenous ity L aw
men, women, children and young aw 3.
people remains limited. The facts a re
n ess
need to be unlocked. In order for
change to happen, there needs to
be broader community awareness.
8 | PwCIn 2016, the Australian Senate What is needed is a nationally As part of a blueprint for change,
passed a motion which called on agreed set of Closing the Gap Change the Record has proposed
Commonwealth, state and territory justice targets. This will support that Australian governments work
governments to adopt a set of better cooperation, help with the with Indigenous communities and
justice targets aimed at closing development and monitoring of long organisations to set justice targets,
the gap in rates of incarceration term strategies and investments, and reduce the disproportionate
between Indigenous and non- enable a focus on outcomes, and rates of violence experienced by
Indigenous Australians for which help drive greater accountability to Indigenous people. The target
all levels of government should achieve reduced rates of Indigenous Change the Record propose is
be held accountable.5 In Victoria, incarceration across Australia. to halve the gap in the rates of
the Northern Territory, and the In addition, improving the collection imprisonment between Indigenous
Australian Capital Territory of, and access to, good quality data and non-Indigenous people by 2030,
Indigenous justice targets have to help monitor and track progress before closing the gap in 2040.7
been introduced.6 is required.
Recommendation 1 Recommendation 2 Recommendation 3
The right of Indigenous A national set of Closing the Mainstream services need
communities to self-determination Gap justice targets should be to be culturally aware and
should underpin the development, established to encourage a focus responsive to increase access
implementation and ownership on outcomes, and to improve to, and the effectiveness of,
of strategies and initiatives accountability by making visible services to reduce the rates of
to address the high rates of any progress, or lack thereof, Indigenous incarceration
Indigenous incarceration in reducing the rates at which
Many mainstream funding
Indigenous people are incarcerated
Real change requires a strong agreements and grants already
partnership and genuine relationship The Commonwealth and state and specify that they must deliver
between funders, the justice sector, territory Governments should initiate culturally aware and responsive
the broader service system and the this process through consultation services for Indigenous people. This
Indigenous community including with the justice sector, Indigenous needs to be made more transparent
Indigenous organisations. This can organisations, and other key service with funded services being required
only be achieved when Indigenous sector stakeholders to agree on a set to more comprehensively demonstrate
people have a meaningful stake in the of national justice targets as part of how their services are culturally
implementation, design, delivery and Closing the Gap. aware and responsive, and being
evaluation of solutions. accessed by Indigenous people.
Funding bodies should be required
A practical first step to achieve a to report on how the agencies they
more meaningful role, and voice, fund to deliver services on their
for Indigenous communities in the behalf are delivering culturally
implementation of strategies and aware and responsive services, and
initiatives is for all governments to that action is being taken to address
implement policies that allow for any shortcomings.
greater self-determination, including
policies that make Indigenous
organisations the preferred provider
for Indigenous services.
5. Australian Parliamentary Debates, Senate, no. 6, 19 April 2016, page no. 3052.
6. Victorian Department of Planning and Community Development (2012). Victorian Aboriginal Affairs Framework 2013-2018. Melbourne: State Government of
Victoria; ACT Government (2015). ACT Aboriginal and Torre Strait Islander Justice Partnership 2015-18. Canberra: ACT Government; NT Department of Local
Government and Community Services (2016). Aboriginal affairs: monitoring, evaluation and reporting framework. NT Government. Note: Non-Indigenous specific
justice targets have also been introduced in New South Wales and South Australia.
7. Change the Record Coalition (2015). Blueprint for change. The Change the Record Coalition Steering Committee, www.reconciliation.org.au/wp-content/
uploads/2016/11/Change-the-Record-Blueprint_web.pdf. Accessed January 2017.
Indigenous incarceration: Unlock the facts | 9Figure 6: Framework for categorising initiatives
e m h in
Prison
yst wit
system and
d
post-release Initiatives offered in the prison and juvenile
tic ere
detention systems and post-release
j u s e liv
es
t he es d
tiv
Targeted
tia
Ini
intervention Initiatives to address factors contributing to rates of
incarceration for individuals at-risk of detention
or incarceration
em de
yst utsi
Early
o
tic ed
intervention Initiatives to enhance protective factors
jus liver
es
within Indigenous and broader vulnerable
e
of ves d
communities
t he
ti
tia
Universal
Ini
prevention
Universal access to high quality,
basic systems and services
In addition, many Indigenous people Increased community The initiatives were chosen for the
are reluctant to obtain essential awareness rigour of their evaluation data and
services from mainstream providers are not suggested to represent the
due to limited cultural competence Unlocking the facts and building most successful initiatives, although
and experiences of racism within community awareness is the first they do have well documented
mainstream service providers. These step in securing change. quantifiable success. These
experiences can lead to future and initiatives are also not representative
We believe there is potential to
continued avoidance of mainstream of all possible initiatives which
build greater awareness based
service providers.8 While Indigenous could be implemented, and be
on facts. These include the social
communities should ideally own effective at reducing the rates of
injustice, public safety and economic
and deliver their own services and Indigenous incarceration.
impacts of not fixing this situation
initiatives where this is not possible,
that can be used by individuals In summary, our modelling
mainstream services need to be
and communities to support and demonstrates that:
culturally aware and responsive to
push for reform to create the
increase the likelihood of Indigenous • the cumulative scenario, entailing
change required.
people accessing services, and the investing in all four categories of
effectiveness of these services. initiatives, is the most effective as
Initiatives and programs it reduces both the new entry rate
Law reform A range of initiatives and programs and rate of recidivism over time.
is required across the intervention • the least effective impact we
Law and justice system reform is a
spectrum outlined in Figure 6. modelled was the prison system
critical component of the response
and post release scenario. This
required to reduce Indigenous Initiatives to respond to Indigenous is because when scaled across
incarceration rates. incarceration are often associated Australia the effect size is small
with custodial or justice settings. and only effects the recidivism
The Attorney-General has asked the
Australian Law Reform Commission While these initiatives are important rate of people who had offended
(ALRC) to examine the factors and play a role in assisting those and have already entered
leading to the over-representation of who have already come into contact the system.
Indigenous Australians in the prison with the justice system, our analysis • the impact of targeted
system, and consider possible law on the key drivers of Indigenous interventions begin to take effect
reforms in response. incarceration suggests that a wider sooner. The effect impacts on both
range of initiatives is required. the rate at which juveniles offend
In this report we have modelled the as adults and also the recidivism
impact of implementing a range rate of adult offenders.
of initiatives that could reduce the
costs of Indigenous incarceration
(refer to section 6).
8. Weightman, M (2013). The role of Aboriginal Community Controlled Health Services in Indigenous health. Australian Medical Student Journal, 4(1),
www.amsj.org/archives/3012. Accessed March 2017.
10 | PwC• universal prevention and early Part of our approach to the economic However, the lack of sufficient data
intervention become more modelling included estimating the in relation to Indigenous-specific
effective than the prison system cost savings of investing in a range and culturally aware and responsive
and post release scenario in the of initiatives across each of the initiatives necessitated the use of
longer term. This is because four categories. some mainstream initiatives.
the effect size is larger as both
scenarios impact on the number To develop findings from our The need to improve the quality of,
of people entering the prison economic modelling, we sought and access to, data relating to key
system for the first time each evidence of robust evaluations drivers and pathways relating to
year whereas the prison system of initiatives and responses. In Indigenous incarceration have been
scenario only impacts on the undertaking our analysis we sought reported elsewhere.9
recidivism rate. to identify and include Indigenous-
specific initiatives in the modelling
which were robustly evaluated.
Recommendation 4 Recommendation 5 Recommendation 6
There needs to be a greater focus, There needs to be an enhanced Greater innovation, increased
and investment in, prevention focus on initiatives such as investment and better evaluation
and early intervention initiatives throughcare and re-integration of new and existing initiatives
that address the key drivers of programs that reduce the is required to improve access
Indigenous incarceration likelihood of reoffending to quality data and add to
the existing knowledge base
To achieve change in this area, it is For those who are imprisoned, there
on initiatives that have the
critical that there be investment in needs to be greater opportunities to
prevention and early intervention access and participate in programs potential to reduce the rates of
initiatives and programs, which will and initiatives that improve Indigenous incarceration
deliver significant results over the the ability of individuals to re- To bring the sustained focus needed,
long term. integrate into the community and an independent, data and research
contribute meaningfully. These central agency with Indigenous
The environment needs to be need to be tailored specifically for
created to give license to decision oversight could be established.
Indigenous people. The role of this body would be to
makers to invest in prevention and
early intervention. This requires a An initial step would be for coordinate, commission, review and
sustained education campaign to governments to work closely evaluate initiatives and programs
broaden and deepen community with Indigenous organisations to designed to reduce the rates of
understanding of key drivers that identify, customise and implement incarceration for Indigenous people
lead to Indigenous people coming initiatives that reduce the likelihood focusing on evidence and impact.
into contact with the justice system of reoffending. The central agency could also focus
in the first place. on improving the quality of data to
better support decision making and
To kickstart this process a summit of measurement of progress.
key stakeholders, led and convened
by Indigenous organisations, should This entity should have flexible
be held to identify and set priorities and sustained funding to invest in
for innovative future investment innovation, both within the justice
and public awareness. An existing system, and solutions that sit outside
opportunity for this, which could be of it. It should be a clearing house for
built upon, is the ongoing work of ‘what works’. The entity would not
the Redfern Statement Alliance, led deliver initiatives itself, but would
by Indigenous peak bodies. commission others to do so.
The performance of such an agency
should be monitored and tied to
Closing the Gap justice targets.
9. Change the Record Coalition (2015). Blueprint for change. The Change the Record Coalition Steering Committee, www.reconciliation.org.au/wp-content/
uploads/2016/11/Change-the-Record-Blueprint_web.pdf. Access 20 January 2017.`
Indigenous incarceration: Unlock the facts | 11It is important to acknowledge that The Girls Football Academy will
this does not mean that Indigenous- initially focus on working with
specific initiatives are not, and young Indigenous girls across Years
cannot be effective. Rather it 7 to 12 at four to six schools across
suggests that investment is required Victoria and Western Australia for a
in building the evidence base given pilot period of two years.
the failure to appropriately fund
evaluations, matched with the short The key objective of the program is
term nature of funding cycles. to improve the education outcomes
and overall wellbeing of young
Indigenous women, and therefore
We have demonstrated reduce the risk of contact with
our commitment to action the criminal justice system. This
by establishing a new program will harness the power of
program aimed at young sport in improving outcomes for
Indigenous Australians.
Indigenous girls
PwC and PIC have been working on
Reducing the rates at which
a pro bono basis with the Richmond
Indigenous Australians are
Football Club and the Korin Gamadji
imprisoned is a complex issue that
Institute as well as the Wirrpanda
will require the combined efforts of
Foundation and the West Coast
the public sector, the private sector,
Eagles Football Club to develop a
NGOs and Indigenous organisations
business case and secure support
working together.
and funding for implementation of
In addition to this report, we are the Girls Football Academy.
also showing our commitment
This collaborative approach is
to practical action in this area
intended to ensure the success and
by partnering to establish
reach of the program across Western
a pilot program, the Girls
Australia and Victoria, with the
Football Academy.
intention of expanding the program
Indigenous women are currently into other states and territories in
the fastest growing cohort of the the future.
incarcerated population in Australia.
Keeping Indigenous girls in school
will reduce their likelihood of
coming into contact with the justice
system, yet there are few programs
specifically designed for this group.10
10. Higgins, D, and Davis, K (2014). Law and justice: prevention and early intervention programs for Indigenous youth. Closing the Gap Clearinghouse, Resource sheet
no. 34. Canberra: AIHW; www.girlsacademy.com.au/wp-content/uploads/2016/11/Prospectus-2017.pdf.
12 | PwCIndigenous incarceration: Unlock the facts | 13
Contents
Foreword3
Executive summary 4
1. About the project 16
1.1 PwC’s #Purpose campaign 16
1.2 Objectives of the project 16
1.3 Our approach 17
2. Background and context 18
2.1 High rates of Indigenous incarceration 18
2.2 Key justice-related reports and reviews 22
2.3 Key drivers of Indigenous incarceration 23
3. Economic and social costs of high
Indigenous incarceration rates 25
3.1 Introduction 25
3.2 Economic and fiscal costs of Indigenous
incarceration 25
3.3 Consequences of Indigenous incarceration 31
3.4 Intergenerational impact of Indigenous
incarceration 32
3.5 Conclusion 33
4. Key elements for a holistic approach 34
4.1 Self-determination 35
4.2 System reform 36
4.3 Law reform 39
4.4 Increasing community awareness 40
4.5 Initiatives and programs 40
5. Initiatives to address the disproportionate
rates of incarceration 41
5.1 Introduction 41
5.2 Approach 42
14 | PwC5.3 Universal prevention 42
5.4 Early intervention 43
5.5 Targeted intervention 45
5.6 Prison system and post-release 48
5.7 Justice Reinvestment 50
5.8 Conclusion 51
6. Estimated impact of initiatives 52
6.1 Introduction 52
6.2 Universal initiative – universal access
to four year old pre-school 54
6.3 Early intervention – comprehensive child
and maternal health visits 55
6.4 Targeted intervention – holistic case management
and cognitive behavioural therapy/multisystemic
therapy for children and young people who offend 56
6.5 Prison system and post-release interventions –
employment and healing program 56
6.6 Cumulative scenario 57
6.7 Closing the gap 57
6.8 Conclusion 58
7. Implications and next steps 59
7.1 Key findings 59
7.2 Recommendations 60
7.3 Next steps 61
7.4 Commitment to action 61
Appendix A Key drivers of Indigenous incarceration 64
Appendix B Methodology and technical notes 70
Appendix C Summary of assessed initiatives 83
About Us 95
Disclaimer 95
Indigenous incarceration: Unlock the facts | 151. About the project 1.2 Objectives of the project
The objective of this project is
to raise awareness of, and help
drive action to address, the
disproportionate rates of Indigenous
1.1 PwC’s #Purpose This is the largest single pro bono
incarceration across Australia. While
investment PwC is making this year
campaign the need to address the rates of
in Australia and reflects both the
Indigenous incarceration has been
At PwC, our purpose is to build importance of the issue as well as
articulated in a number of reviews
trust in society and solve important our commitment to partner with the
and publications, many of these tend
problems. In 2016, PwC launched a Indigenous community to address
to focus on the justice system.
#Purpose campaign, inviting PwC Indigenous disadvantage and create
staff across Australia to put forward opportunities for Indigenous people. Indigenous Australians are
ideas for projects to invest in that dramatically over-represented in
focus on addressing important the criminal justice system, and the
societal issues. PwC’s Executive situation is getting worse (Figure 7).
Board agreed to invest significantly When the Royal Commission into
in the project Indigenous Aboriginal Deaths in Custody
incarceration: unlock the facts. (RCIADIC) was released in 1991
Indigenous Australians represented
2 per cent of the Australian
population and 13 per cent of the
total prison population.11
Figure 7: Australian imprisonment rates
Indigenous men are imprisoned at 11 times the rate of the general male population
General male population Indigenous men
Indigenous women are imprisoned at 15 times the rate of the general female population
General female population Indigenous women
Indigenous youth are imprisoned at 25 times the rate of non-indigenous youth
Non-Indigenous youth Indigenous children and youth
Source: ABS (2016). Corrective services, Australia, June quarter 2016. Canberra: ABS; AIHW 2017. Youth justice in Australia 2015–16. AIHW
Bulletin no. 139. Cat. no. AUS 211. Canberra: AIHW.
11. Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1991). Royal Commission into Aboriginal Deaths in Custody: National reports [Vol 1-5], and
regional reports. Canberra: Australian Government Publishing Service.
16 | PwCDespite representing just 3 per cent 1.3 Our approach Examination of the international
of the population, Indigenous evidence base was used to identify
Australians now account for Our approach included an initial initiatives that have shown
27 per cent of the adult prison current state review to understand statistically significant evidence
population and 55 per cent the current issues, and key drivers, of outcomes in addressing the key
of children and young people contributing to the high rates drivers, or rates of, incarceration.
in detention.12 of Indigenous incarceration in Where possible, initiatives that have
Australia. This involved exploring been implemented in Australia
This project takes an holistic reports published in academic and/or in Indigenous communities
approach, exploring the key journals, as well as by governments have been utilised.
drivers of incarceration, as well and other organisations. Information
as prevention, intervention and was distilled into key themes and Promising initiatives with the
justice system initiatives that have summarised in a discussion paper strongest evidence base, and their
the potential to reduce rates of for testing and validating with estimated impact, were used as
Indigenous incarceration. In doing partners and key stakeholders. scenarios to input into the economic
so, this project was designed to model in order to demonstrate the
contribute to the existing knowledge Building on this current state review, potential savings to individuals,
base through: an economic model was developed governments and society through
to quantify the long term cost to their implementation in Australia.
• Economic modelling to quantify Australia of the disproportionate
both the current and projected The potential savings that could
rates of incarceration experienced be generated if Indigenous
economic cost of Indigenous by Indigenous Australians.
incarceration rates to Australia incarceration rates were the same as
Incarceration has a lasting impact those for non-Indigenous Australians
• Detailed research to identify the on the individual and on the next has also been modelled.
most effective ways to reduce generation. The interventions can
Indigenous incarceration rates also have a longer pay back period.
• Providing new information For these reasons, to capture the full
on the potential savings from impacts of the lifetime costs and the
implementing initiatives full potential cost savings, we have
that reduce the rate of to look at the impacts over a lifetime.
Indigenous incarceration For this reason, the economic
modelling undertaken in the report
• Creative and compelling ways to extends to 2092 which is equivalent
communicate the findings of the to the year that a Aboriginal or
project and the need for urgent Torres Strait Islander person born
and major action to address today would live to.
Indigenous incarceration rates.
12. ABS (2013). Estimates of Aboriginal and Torres Strait Islander Australians, June 2011. Canberra: ABS; ABS (2016). Prisoners in Australia, 2016. Canberra: ABS;
AIHW (2017). Youth justice in Australia 2015-16. Table S75a: Young people in detention on an average day by sex and Indigenous status, states and territories,
2015–16. AIHW Bulletin no. 139. Cat. No. AUS 211. Canberra: AIHW.
Indigenous incarceration: Unlock the facts | 172. Background and
context
2.1 High rates of Indigenous States and territories
incarceration Indigenous people represent a
greater proportion of the prison
The disproportionate rates of
population than they do the general
Indigenous incarceration in
population in each Australian state
Australia is not a new phenomenon.
and territory (Figure 8).
However, the degree to which
Indigenous Australians are over-
represented has increased over time.
The disproportionate rates
are observed across a range of
demographics, whether across states
and territories, by gender, or in
adults and young people (children
10 to 17 years of age).
Figure 8: Indigenous incarceration in Australia, by state and territory
20%
84%
32% Indigenous Australians
38% 3% as a proportion of the
2%
population (adults)
Indigenous Australians as
a proportion of the prison
19%
1%
population (adults)
24%
2%
24%
1%
8%
1%
3% 16%
Source: ABS, Productivity Commission
18 | PwCIndigenous men and women 5,000 9: Australian adult incarceration, by gender (rates per 100,000)
Figure
In 2015, Indigenous men were 5,000
11 times as likely to be incarcerated 4,000
as non-Indigenous men (4,136
per 100,000 compared to 367 4,000
3,000
per 100,000). This disparity has
remained relatively constant since
3,000
2000 when Indigenous men were 2,000
12 times as likely to be incarcerated
when compared to non-Indigenous 2,000
men (Figure 9). 1,000
While representing only 2 per cent 1,000
of Australian women, Indigenous 0
2000 2005 2010
women comprise 34 per cent of the 2015
female prison population within 0
Indigenous males General 2010
male population
2000 2005 2015
Australia. In 2015, the imprisonment
rate for Indigenous women was 443 Indigenous males General male population
per 100,000 compared to 30 per
100,000 of non-Indigenous women, 500
meaning Indigenous women were
500
15 times as likely to be incarcerated 400
as non-Indigenous women
(Figure 9). 400
300
Detention of Indigenous
young people 300
200
The rates of detention for both
Indigenous and non-Indigenous 200
young people have declined since 100
1981, most likely as a result of
100
changes to legislation and policy,
0
and the introduction of diversionary 2000 2005 2010 2015
programs for young people who 0
have offended. However, the rates of Indigenous females General2010
female population
2000 2005 2015
detention for non-Indigenous young Source: ABS (2016). Corrective Services, Australia, June Quarter 2016. Canberra: ABS.
Indigenous females General female population
people have declined substantially
more than those for Indigenous
young people. As a result, the over- Figure 10: Australian youth in detention, average day (rate per 100,000)
representation of Indigenous young
people in detention has increased. In 500
2015-16, Indigenous young people
were 25 times more likely to be 400
detained in a youth detention facility
than non-Indigenous young people
(372.2 per 100,000 compared to 300
14.6 per 100,000) (Figure 10).
Despite Indigenous young people 200
representing less than 6 per cent
of Australia’s 10 to 17 year old
100
population,13 Indigenous children
and young people were estimated
to account for 55 per cent of 0
children and young people in 2006–07 2009–10 2012–13 2015–16
detention in 2015-16.14 This
Indigenous young people Non-Indigenous young people
exposure substantially increases the
likelihood of a young person being Source: AIHW (2017). Youth justice in Australia 2015–16. Table S85a: Young people aged
10–17 in detention on an average day by Indigenous status, states and territories, 2006–07 to
involved in crime as an adult.
2015–16 (rate). AIHW Bulletin no. 139. Cat. no. AUS 211. Canberra: AIHW.
13. AIHW (2017). Youth justice in Australia 2015-16. Table S147: Population of young people aged 10–17, by Indigenous status, states and territories, December 2006
to December 2015. AIHW Bulletin no. 139. Cat. No. AUS 211. Canberra: AIHW.
14. AIHW (2017). Youth justice in Australia 2015-16. Table S75a: Young people in detention on an average day by sex and Indigenous status, states and territories,
2015–16. AIHW Bulletin no. 139. Cat. No. AUS 211. Canberra: AIHW.
Indigenous incarceration: Unlock the facts | 19Figure 11: Sample of national, state and territory reports relating to Indigenous incarceration, 1991 to 2016
1991
The RCIADIC found the troubling rate of Indigenous deaths in custody was due to over-representation of
Indigenous people in custody. The Commission highlighted the need to address the levels of disadvantage
experienced by Indigenous people in society. Changes to the criminal law system and to addressing the
disadvantage that brings Indigenous people into contact with the justice system were proposed through
339 recommendations that placed an emphasis on empowerment of Indigenous communities to address
the issues of disadvantage and incarceration from their own perspectives. Many are yet to be committed to
and implemented.
2008 2009
The 2005 Social Justice Report called for Australian governments to commit to
achieving equality for Indigenous people in health and life expectancy within 25
years. COAG responded by committing to ‘closing the gap’ in life expectancy between
Indigenous and non-Indigenous Australians within a generation. COAG agreed to be
accountable for reaching this goal and developed a set of targets as part of the National
Indigenous Reform Agreement. While the agreement included health, education and
employment targets, there were no targets specific to justice or incarceration.
2010 2011 2012
2015
Amnesty International Australia commissioned Clayton Utz to review the extent to which the
recommendations of the RCIADIC had been implemented by state, territory and Federal Governments.
The Review of the Implementation of Recommendations of the Royal Commission into Aboriginal
Deaths in Custody tracked progress on all 339 recommendations of RCIADIC and found that while
government support for the recommendations was strong when the RCIADIC final report was first
released, action to address the recommendations had lagged. The report suggested that government
plans to implement the recommendations and to report on progress made had been “highly inconsistent.”
The report concluded that the bulk of the 339 recommendations remained unimplemented or only
partially implemented.
2015 2016
20 | PwC1997 2003 2006
Bringing Them Home was initiated to generate recognition among
the general public of the impact of forcible removal on the needs of
victims and their families. The report traced past laws, practices
and policies which resulted in the separation of Indigenous children
from their families, the subsequent effects, and examined the
adequacy of current laws, practices and policies in relation to those
who were affected by separation, and with respect to any future
placement and care of Indigenous children. The report found that
most families had been affected by the removal of children with
between 1 in 3 and 1 in 10 Indigenous children forcibly removed
from their families and communities between 1910 and 1970.
The National Indigenous Law and Justice Framework outlined a national approach to addressing
the complex interactions between Indigenous people and justice systems in Australia. The Framework
sought to build a sustainable whole of government and community partnership approach to law and
justice issues to eliminate Indigenous disadvantage in law and justice, and close the gap in law and
justice outcomes between Indigenous and non-Indigenous Australians. Rather than prescribe strategies
or actions, the Framework articulated an evidence based ‘good practice’ approach. Strategies or actions
were intentionally flexible to enable implementation responsive to community needs and consistent
with jurisdictional priorities and resource capacity. While comprehensive in identifying Indigenous
justice issues, the Framework did not compel any jurisdiction to implement strategies and actions.
2013 2014
The Change the Record coalition launched a Blueprint for Change report that highlighted the
need to set justice targets and for governments to work with Indigenous communities, their
organisations and representative bodies to design and invest in holistic, early intervention,
prevention and diversion strategies. The blueprint also emphasised the need for strategies to be
grounded in an understanding of Indigenous people’s culture and identity, and recognition of the
history of dispossession and trauma experienced by many communities. As with the RCIADIC,
the blueprint highlights the importance of Indigenous self-determination and prevention and
early intervention approaches, through participation in the development and implementation of
policies and programs if positive change is to be achieved.
Indigenous incarceration: Unlock the facts | 21Indigenous recidivism
Royal Commission into the Protection and Detention of
Prior detention or imprisonment
increases the likelihood of future
Children in the NT
In 2016, the Royal Commission into the Protection and Detention of
offending and contact with the
Children in the NT was established in response to the ABC’s Four Corners
justice system. Indigenous male
prisoners are 1.5 times as likely to television program that aired shocking images of children and young
have previously been incarcerated people in detention in the NT.
as non-Indigenous prisoners.15 The “The Commission has been tasked with exposing any systemic failures
disparity in reoffending is just as and with making recommendations to improve laws, policies and
evident in women, with 67 per cent practices that will result in a safer future for children and young people
of Indigenous women having in the NT. The scope of the Commission’s task is extensive, spanning both
previously served time in prison the child protection and youth detention systems over a 10-year period.”
compared to 36 per cent of non- Findings are to be reported back on 1 August 2017 with recommendations
Indigenous women.16 made on possible legal, cultural, administrative and management reforms
to prevent inappropriate future treatment of children and young persons
Indigenous victimisation rates
in detention, and improvements to the child protection system.18
It is important to note that
Indigenous people are also more Australian Law Reform Commission Inquiry into the
likely to come into contact with the incarceration rate of Aboriginal and Torres Strait
justice system as a victim of crime. Islander peoples
Victimisation rates are higher for
With the over-representation of Indigenous people in prison having
Indigenous people compared to
increased since the RCIADIC 26 years ago, the ALRC were asked to examine
non-Indigenous people for a number
the factors leading to this over-representation, and consider law reform to
of offences. Based on jurisdictions
ameliorate this. A report is to be provided to the Attorney-General by 22
where data is reported (New
December 2017, having considered:
South Wales (NSW), Queensland
(Qld), South Australia (SA) and • Laws and legal frameworks including legal institutions and law
the Northern Territory (NT)), enforcement that contribute to the incarceration rate and inform
Indigenous victimisation rates decisions to hold or keep Indigenous people in custody, specifically:
are higher for assault (except in nature of offences resulting in incarceration; cautioning; protective
Qld), sexual assault, homicide and custody; arrest; remand and bail; diversion; sentencing (including
kidnapping (except in the NT).17 mandatory); parole, conditions and community reintegration
• Factors decision-makers take into account: community safety;
2.2 Key justice-related alternatives to incarceration; degree of discretion available to decision-
reports and reviews makers; incarceration as a last resort; incarceration as a deterrent and
as a punishment
The over-representation of • Laws that may contribute to the rate of Indigenous people offending,
Indigenous people in the including laws that regulate the availability of alcohol, driving offences
incarcerated population has and unpaid fines
been the focus of numerous
(national, state and territory) • Indigenous women and their rate of incarceration
reviews and reports (see Figure 11 • Differences in the application of laws across states and territories
for some examples). Despite this • Other access to justice issues including the remoteness of communities,
volume of important work, the the availability of and access to legal assistance and language and
disproportionate rates of Indigenous sign interpreters.19
incarceration have persisted
and worsened due to a lack of
action and follow-through on the
recommendations of these reports.
The pending Royal Commission Our work takes a holistic focus, While there are factors that lie
into the Protection and Detention of examining the key drivers that lead within the justice system that,
Children in the NT and Australian to Indigenous incarceration and the if addressed, could help close
Law Reform Commission Inquiry over-representation of Indigenous the gap between Indigenous
into the incarceration rate of Australians in prison. and non‑Indigenous rates of
Aboriginal and Torres Strait incarceration, addressing the key
Islander peoples will be the latest drivers that lead to offending and
contributions to addressing the contact with the justice system in
over-representation of Indigenous the first place has the potential for
people in prison. It is critical that the greater impact in the longer term.
recommendations of these reviews 15. ABS (2016). Prisoners in Australia, 2016. Canberra: ABS.
are acted on and implemented. 16. Bartels, L (2012). Sentencing of Indigenous women. Indigenous Justice Clearinghouse, Brief 14.
17. ABS (2016). Recorded crime – victims, Australia, 2015. Canberra: ABS.
18. www.pm.gov.au/media/2016-07-28/royal-commission-child-protection-and-youth-detention-systems-
northern-territory. Accessed January 2017.
19. www.alrc.gov.au/inquiries/indigenous-incarceration. Accessed January 2017.
22 | PwC2.3 Key drivers of Indigenous incarceration
The key drivers that lead to, or increase the likelihood of, Indigenous incarceration can be separated into either
underlying causes (Figure 12) or additional factors related to the justice system (Figure 13).
Figure 12: Underlying causes of Indigenous incarceration
Education Employment
• Lack of educational access and attainment is linked to likelihood of poor • Half of first time offenders (2 of 3 who re-offend) are unemployed at time
behaviour, crime, and imprisonment of arrest
• Indigenous Australians are half as likely to finish Year 12 as non-Indigenous • Indigenous prisoners are 1.5 times as likely to be unemployed in the 30 days
counterparts, and perform poorer on measures of educational performance prior to imprisonment as non-Indigenous prisoners
• Indigenous people who complete school are 14 times less likely to be • 21% of Indigenous people 15+ years were unemployed in 2014-15 vs
imprisoned than those that do not 6% nationally
• Employed Indigenous people are 20 times less likely to be imprisoned
Disability than those who are unemployed
• Indigenous people are 1.7 times as likely to be living with a
disability than non-Indigenous Australians Health
• Individuals with cognitive impairment (eg intellectual disability • 73% of Indigenous men and 86% of Indigenous women in prison had a
and acquired brain injury) are at greater risk of entering the diagnosed mental illness vs 20% of the general population
criminal justice system
• Indigenous youth in detention are more likely to have mental health
• Indigenous Australians with cognitive impairment experience problems than non-Indigenous youth (81% vs 75%)
earlier and more frequent police contact than their non-Indigenous
counterparts • Access to health and community services for Indigenous people may be
limited due to remoteness and cultural appropriateness
• Key contributors to cognitive disability are Foetal Alcohol
Syndrome Disorders (FASD)
• FASD incidence is estimated to be at least 4 times greater among
Indigenous Australians than non-Indigenous Australians Substance abuse
• Substance abuse affects offending: as a means to
Housing fund consumption; increasing the likelihood of
offending behaviour; and increasing the risk of
• In 2015, 25% of Australian prison entrants child abuse and neglect
were homeless prior to imprisonment, with
• Indigenous people are 1.5-3.8 times as likely to be
Indigenous prison entrants more likely to be
under the influence of drugs or alcohol at the time
homeless than non-Indigenous prison entrants
of their offence as non-Indigenous people
(27% vs 24%) Poverty &
disadvantage • 90% of Indigenous prison entrants link their
• Indigenous households are often larger in size
offending to substance abuse
than non-Indigenous households
• In 2007, 68% of Indigenous offenders tested
• Substandard and inadequate housing can lead
positive to a substance including 64% who self-
to poor health, which is also an underlying
reported alcohol consumption 48 hours prior
cause of incarceration
to arrest
Underlying
causes
Intergenerational trauma
• Ways forward reported that “not only did white
Social exclusion and racism
settlement bring…social disintegration but it • Australian Reconciliation Barometer findings show that
brought enormous loss, trauma and grief.” in the 6 months prior to the survey, 46% of Indigenous
Experience
• Bringing them home reported that “high levels of of trauma Australians, experienced racial prejudice
unemployment, poverty, ill health, homelessness, • Material poverty, or limited access to basic social needs
and poor educational outcomes arise from the and services (e.g. education, healthcare, employment, and
intergenerational effects of earlier assimilationist housing) can all lead to increased rates of incarceration
policies, as well as being the direct outcome
of dispossession and marginalisation…The • In non-metro areas geographic proximity adds
devastating experiences of Aboriginal parents and further complications that can create inequities
their families brought on by the removal of their within the criminal justice process, including issues
children, the loss of control over their own lives, related to sentencing, court attendance and bail and
powerlessness, prejudice, and hopelessness have parole conditions.
left many problems to be dealt with today.” The • Social exclusion post-release can impact recidivism, with
inquiry found that many children who were forcibly remote communities having limited access to appropriate
removed from their families and communities community support programs and rehabilitation services
suffered physical and sexual abuses.
• The report concluded that “Indigenous families and
communities have endured gross violations of their Child protection
human rights. These violations continue to affect
• Youth subject to care and protection orders and youth in out-of-home care are both 23 times
Indigenous people’s daily lives.”
as likely to be under supervision (detention or community-based) during the same year
• An estimated 20% of Indigenous children have at
• 14-16% of Indigenous young people experience supervision at some time between the ages
least 1 parent in prison at any time.
10-17 vs 1% non-Indigenous
• National rates of child protection substantiations (child has been, is being or is likely to be,
Family violence and sexual abuse abused, neglected or otherwise harmed) are 7 times higher for Indigenous children than for
non-Indigenous children (43.6 per 1,000 vs 6.4 per 1,000)
• An estimated 87% of all women in custody have been a
• Rates of out-of-home care are 10 times higher for Indigenous children than non-Indigenous
victim of abuse either as a child or adult
children (56.6 per 1,000 vs to 5.8 per 1,000)
• Indigenous women are 34 times as likely to be admitted
• Bringing them home report found Indigenous children are more likely than non-Indigenous
to hospital as a result of family violence than non-
children to be removed on the ground of ‘neglect’ rather than ‘abuse’, with “Indigenous
Indigenous women
parenting styles wrongly seen as the cause”. It has been suggested that risk assessment
• Children exposed to family violence are at increased risk of frameworks used by child protection authorities in Australia “are biased against Indigenous
becoming perpetrators themselves Australians as risk is understood in mainstream, white people terms, not in the context of
Indigenous culture, where sharing of child minding commonly occurs.”
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