1 October 2025

Oversight body on the way to reduce Indigenous incarceration rates

| By Claire Fenwicke
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ACT Corrective Services sign

A report made 99 recommendations to the ACT Government on how to address the over-representation of Aboriginal and Torres Strait Islander people in Canberra’s justice system. Photo: Michelle Kroll.

The ACT Government has provided no firm timeline or budget on how it expects to respond to 99 recommendations to address the over-representation of First Nations people within the ACT criminal justice system, but costs are expected to be “substantial”.

The first step in its interim response is to establish a coordinated, Aboriginal and Torres Strait Islander-led governance body to oversee the implementation of the recommendations outlined in the Jumbunna Institute’s review.

“A detailed and considered response to all 99 of the Jumbunna Review recommendations will require significant inter-governmental focus, including to ensure that implementation cost and complexity can be properly assessed in order to have a realistic discussion with the ACT Aboriginal and Torres Strait Islander community about prioritisation and delivery of reforms,” the interim response noted.

“A consistent theme throughout the Final Report is that a lack of coordination is a structural driver of over-representation. Consequently, the Final Report calls for greater connectedness across government and agencies.”

It’s hoped this governance body will help ensure responses aren’t siloed to specific directorates and agencies.

But how quickly and effectively the recommendations can be actioned will also come down to cost.

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The interim response noted the interconnected nature of the findings across government agencies and responsibilities meant addressing over-representation would have “significant implications for government resourcing”.

“We note that at least 23 of the Review’s recommendations either explicitly call for new or increased funding for existing organisations or programs, or the establishment of new positions or bodies,” it stated.

“These costs are likely to be substantial. In addition, there will be indirect costs associated with implementation of many of the other recommendations that will need to be properly assessed and quantified to ensure that there is proper understanding of how available resources can and should be directed.”

Corrections Minister Dr Marisa Paterson said the Aboriginal and Torres Strait Islander governance body would help with prioritisation of recommendations.

“[But they] will still have to go through Cabinet and budget processes, because we are strongly committed to getting this right,” she said.

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The recommendations span a broad spectrum of government responsibilities, including corrective services, policing, courts and sentencing, bail administration, youth justice, child protection, and education.

The government has grouped them into two categories based on “urgency and interdependence”.

“The first group of 45 recommendations has been identified for priority implementation. These are expected to lay the groundwork for broader reform or deliver the most immediate impact in reducing over-representation,” the interim response noted.

“The remaining 54 recommendations are considered longer-term and are dependent on the successful implementation of the first group.

“Over half of all recommendations require agencies and directorates to work together to determine the response and work on the approach to implementation together.”

The ACT Government will provide an update on this body of work in six months. This will be followed by an annual update to report on progress and implementation of the recommendations.

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The only rational explanation for the apparent “over-representation of First Nations people within the ACT criminal justice system” is that the statistics are wrong.
Wrong because the statistics are being distorted by inmates claiming to be indigenous in order to gain access to prison benefits.
I have no doubt that certain people use imagined or tenuous claims of aboriginality to gain access to lucrative academic and government employment positions, or funding, or whatever, and there is even more incentive for prisoners to gain additional benefits by claiming to be indigenous in order to to ease their incarceration time.
We should not be surprised that convicted felons within the ACT criminal justice system have an incentive to dishonestly claim benefits.
We should be more alarmed by the gullibility of this hand-wringing ACT Government, which doesn’t know whether the “over-representation of First Nations people within the ACT criminal justice system” is evidence of its own complicity or incompetence.
I agree with comments below from Davos.

Janine Haskins6:32 pm 03 Oct 25

I think you may be missing the point Penfold; perhaps you could pop a compassionate lens on the humans (yes humans) dying in custody. However, I understand that ignorance is bliss for those who enjoy wearing blinkers and not give a ‘rats’ about marginalised people of our community!

Unfortunately humans die at some point or another, so when people are imprisoned for committing serious crimes, or re-offending in regards to lesser crimes, some of those people will die in prison. Last time I checked, aboriginals in prison were dying at a lower rate than other people in our prisons – it’s just that there’s a greater proportion of aboriginal people in prison compared to the broader population.

We need to apply the same laws and punishments to Australians of all ethnicities, but one area in which the ACT is definitely failing is in properly funding legal aid, as well as the DPP. That means offenders from lower socio-economic backgrounds are likely not receiving adequate legal support.

If you don’t commit crime you don’t do time.

Heywood Smith10:59 am 01 Oct 25

Now now, calm down everyone, its not all doom and gloom. Turns out you can be indigenous, break a babys skull during a home invasion, plead guilty to an aggravated burglary, aggravated robbery, unlawfully causing serious harm, theft, and aggravated assaul and get a slap on the wrist!! Lets not make out like they get the bad end of the stick!!

https://www.noticer.news/teen-spared-jail-baby-home-invasion-alice-springs/

Ah yes, the VERY reputable noticer “news”. More widely known as a mouthpiece of the national socialist network. It is racist indoctrination dressed up as “news”. Cool story but it needs more dragons. Also thanks for confirming which rabbit hole you are firmly wedged down.

Heywood Smith2:51 pm 01 Oct 25

Haha, nice Penfold. no doubt ThatGuy has his opinion of the ABC and their “racist indoctrination dressed up as “news” too..

You see down below Heywood, Davos has made an educated argument that relates to the article. And I think he has some valid points. I don’t think ABC or noticer have told a false story, but noticer is an NSN mouthpiece.
It is your intention for sharing said article that I call into question. And I use your chosen source for the story as evidence towards your intention.

Heywood Smith9:47 am 02 Oct 25

TG, my point was, that not all indigenous criminals that crush a babys skulls and commit horrific crimes are sent to jail. Some are rewarded with their freedom. I’m sure this isn’t a one off when sentencing an ‘indigenous’ criminal. Do you think a non-indigenous person would have received the same sentence, honestly? Have a read of decisions on the ACT Courts website when it comes to the Aboriginal Sentencing Circles, and you tell me if you think they being sentenced harshly. They are in jail because they are criminals, exactly where they should be, similar to their WHITE inmates! No sympathy here.

I understand your point of view and generally agree but I see two problems.
-Firstly, these aboriginal sentencing circles and such exist as a result of royal commisions and various other inquiries. It is a good thing for our government to follow up on recommendations from inquiries, especially ones where unfortunate mistakes have been made. I would say perhaps there are issues regarding implementation, which brings me to the next point.
-Secondly, there is an understandable knee-jerk reaction to do what you are told and not question issues regarding race or be labelled as a racist. This exists because as well as educated people who question everything, there are also obviously going to be racists that object to correcting any wrongs done to indigenous people.
So more or less, we just have to kinda put up with the parts we don’t like about our justice system because the scales were previously heavily tilted the other way. It will balance out eventually.

The only thing needed to reduce the number of people who identify as indigenous inmates custody would be a burden of proof as to substantiate indigenous status. As it currently stands anyone going into custody can self identify as indigenous. Inmates are aware of the incentives of identifying as indigenous and knowingly take advantage of it. It is a running joke inside the AMC.

Ticking the box to say you are indigenous gives you access to programs, activities, and leisure time not available to other inmates.

Claiming indigenous status gives you art classes, special music classes, gardening access and social circle time. It also gives you a day each year in which your family and friends can attend the AMC for a family and community day/banquet. All other inmates are locked in their cells on this day.

They have incentivised claiming indigenous status and then pretend to wonder why there are so many people in the AMC who are apparently indigenous. Now that department wants more money and resources lol. What a joke.

Heywood Smith11:00 am 01 Oct 25

@Davos.. Calm down mate, this article is supposed to show us how hard they have it, how unfairly they are treated. No need to post the truth mate!!

Its setup like this to push a certain narrative.

Maybe they could do ad campaigns like they do for men.

Who doesn’t like two tiered justice.

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