Winnunga Nimmityjah CEO Julie Tongs (second from right), with mothers of detainees who have died in custody. From left, Tanya Hall, mother of Howard Hall, Narelle King, mother of Steven Freeman, who both died in the Alexander Machonochie Centre, and Charlene Murphy, whose son, TJ Dennis, died in the Silverwater Correctional Complex in NSW after being transferred from Canberra. Photo: Thomas Emerson.
CONTENT WARNING: This article may distress some readers.
No start date has been confirmed for a Board of Inquiry into Indigenous peoples’ deaths in custody, despite the ACT Government committing to providing such information earlier this year.
Fifteen people have died in custody at the Alexander Maconochie Centre since it opened in 2008, five of whom were Indigenous. A motion to set up a Board of Inquiry into systemic issues was unanimously passed earlier this year.
Corrections Minister Dr Marisa Paterson said the ACT Government had been considering the best way forward, given some relevant deaths were still being investigated by the ACT Coroners Court, but had received advice that an inquest could be done in parallel with any outstanding inquests.
“I have sought extensive advice and determined that the Board of Inquiry can be established with a function that is separate from the Coroner’s role, and that is to investigate systemic issues surrounding the deaths in custody, rather than investigating the actual deaths,” she said.
In lieu of a firm start date, Dr Paterson instead announced that expressions of interest would soon be opened to members of the Aboriginal and Torres Strait Islander community to participate in an advisory committee for the Board of Inquiry.
It’s expected they would advise the ACT Government on the formation of the terms of reference and the appointment of the board’s members.
Dr Paterson said appropriate supports also needed to be put in place before an inquiry could begin.
“I have received advice from multiple groups and individuals that given this inquiry will relate to very personal and traumatic events for individuals, it is important that appropriate supports are in place to support the community and families as this progresses,” she said.
“I have also heard clear feedback on the need for community education prior to the commencement of the Board, to inform the community about the role of a Board of Inquiry, what it can and can’t achieve, and about alternative processes. The legal ramifications of various processes are significant and must be clearly communicated.”
During the announcement, ACT Greens leader Shane Rattenbury pointed out that no money had been allocated for the Board of Inquiry in the ACT 2025-26 Budget.
Dr Paterson said funding would be subject to Cabinet and budget processes.
“That will depend on the scope of the inquiry and how it’s established,” she said.
“We’ll work, as a starting point, with the advisory committee in terms of what the Board of Inquiry will look like.”
Winnunga Nimmityjah CEO Julie Tongs said Dr Paterson notified her about the update the night before it was given.
She proposed a start date sometime in early 2026 for the Board of Inquiry.
“I think that early 2026 is good as long as they get the advisory committee set up in a timely manner to ensure that there is ample time for community consultation,” Ms Tongs said.
“It will be interesting to see how much influence the advisory committee will have in determining the terms of reference when JACS [the Justice and Community Services directorate] holds the power to determine the TORs for Boards of Inquiry.”
The community advisory committee is expected to start its work before the end of the year.
A webpage containing information about the Board of Inquiry into Aboriginal and Torres Strait Islander deaths in custody in the AMC has been established.
If this story has raised any issues for you, you can call Lifeline’s crisis support line on 13 11 14, or 13YARN on 13 92 76. Both are open 24/7.
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