In February the Government announced the appointment of Judge Matthew Myers AM of the Federal Circuit Court of Australia as Commissioner of the Australian Law Reform Commission (ALRC) inquiry into the incarceration rate of Indigenous Australians.
This important review has been established to examine the factors leading to the over representation of Indigenous Australians in our prison system and to consider reforms to the law to alleviate this.
Aboriginal and Torres Strait Islander people make up 27 per cent of Australia’s prison population, despite only being 3 per cent of Australia’s national population.
The ALRC will examine the laws, frameworks and institutions and broader contextual factors that lead to the disturbing over representation of Aboriginal and Torres Strait Islander people in our prison system.
The Government has also released the final Terms of Reference for the enquiry which request that the ALRC examine:
- Laws and legal frameworks including legal institutions and law enforcement (police, courts, legal assistance services and prisons), that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and
Torres Strait Islander peoples in custody;
- Factors that decision-makers take into account when considering the above, for example community safety and availability of alternatives to incarceration.
- Laws that may contribute to the rate of Aboriginal and Torres Strait Islander peoples offending and including, for example, laws that regulate the availability of alcohol, driving
offences and unpaid fines.
- Aboriginal and Torres Strait Islander women and their rate of incarceration.
- Differences in the application of laws across states and territories.
- Other access to justice issues including the remoteness of communities, the availability of and access to legal assistance and Aboriginal and Torres Strait Islander language and sign interpreters.
In undertaking this inquiry, the ALRC will work with Indigenous Australians, state and territory governments, the legal profession and the wider
community to develop solutions for this complex issue.
The ALRC should provide its report to the Attorney-General by 22 December 2017.