Submission to the Australian Law Reform Commission on Indigenous Incarceration Rates
The ICJ Victoria have written a submission to the Australian Law Reform Commission’s Inquiry into Indigenous Incarceration Rates.
The submission covers a range of areas, including international human rights frameworks, Australian case law, access to justice, the functions of the Koori Court, as well as touching on the policies and legal practices of Canada and New Zealand.
The ICJ Victoria made several recommendations, including:
- The ALRC adopt the recommendations made by UN Special Rapporteurs in relation to indigenous incarceration. All mooted legal and policy changes be examined through the lens of Australia’s international treaty and convention obligations. The recommendations of the Aboriginal Deaths in Custody Royal Commission be re-examined and implemented in the light of Australia’s international obligations and recent experience.
- All Australian States and Territories adopt laws similar to Canada’s s718.2(e) and provide for the provision of sentencing reports like the Canadian Gladue Reports.
- All Australian States and Territories adopt court models for indigenous offenders similar to the Victorian Koori Courts in all jurisdictions, in consultation with local indigenous communities. Such Courts must be properly resourced with dedicated funding for all associated services.