Australia is at a tipping point. Recent reports, including one from the Australian National University, point to a disturbing increase in Indigenous deaths in custody. Aboriginal and Torres Strait Islander people only account for 3.8% of our country’s population. Yet, they make up over a third of the people behind bars. The new report shows a significant increase in Indigenous prisoners’ suicides, the highest since the 1979-80 report. This discouraging trend has been deeply angering and frustrating advocates and community leaders.
In the past financial year 2024-25 ten Indigenous people have died from self-inflicted injuries while in custody. Eight of these shocking occurrences were by hanging. This alarming statistic underscores a systemic issue that many believe reflects a lack of adequate preventative measures and support for Aboriginal communities. The national inquiry delivered a damning report, comprising 339 detailed recommendations to avoid any more Indigenous deaths in custody. Yet most of these recommendations languish unaddressed by governments and institutions.
The repercussions of these failures are starkly highlighted by the recent data: New South Wales (NSW) recorded the highest number of Indigenous deaths in prison custody across all states and territories. Even more alarming, 42% of these fatalities were to people who were un-sentenced at the time of their death. Indigenous people are less likely to die in custody than non-Indigenous people when considering the prison populations. When considering their overall demographic makeup, they are at a significantly greater risk.
A Distressing Record
Australia is living through the deadliest period for Indigenous deaths in custody in 40 years. Since that royal commission started, more than 600 Indigenous prisoners have died in custody. This shocking death count should spark urgent investigation into systemic failures that created this crisis in the criminal justice system.
The state coroner for NSW just this week said enough is enough. In a very unusual press release in October, she publicly condemned the unprecedented Indigenous deaths in custody. She described it as “profoundly distressing.” These deaths are more than just statistics. Each one is a life wasted, tragically affecting families and communities across the state.
“These are not mere statistics. Each of these deaths represents a person whose life mattered and whose loss is felt deeply by families, loved ones and across the state,” – Magistrate Teresa O’Sullivan
Advocates have long warned for fundamental and systemic reforms to prevent these lethal and recurring tragedies. Many believe that current responses to violence and incarceration are inadequate and fail to tackle the root causes of these issues.
Calls for Systemic Change
Community leaders and advocates have been vocal about the need for a fundamental shift in how authorities approach policing and justice in relation to Aboriginal communities. Hannah McGlade, a law professor and long-time advocate for Indigenous rights, says people in positions of authority need to start taking this matter seriously.
“It seems that too many in positions of authority and responsibility aren’t taking this issue seriously enough,” – Hannah McGlade
McGlade further drew attention to the lack of health care offered inside prisons. Aboriginal peoples are disproportionately affected by illness and disease due to a legacy of colonial disadvantage.
“Aboriginal people are at higher risk of illness and disease. That is a reflection of our colonial history and the ongoing impacts of disadvantage as a result,” – Hannah McGlade
Furthermore, Michelle Rowland pointed out that the response to violence must focus on prevention and early intervention rather than relying solely on incarceration.
“It’s a very poor response to violence. We need to see the investment into prevention and early intervention to address violence, much of which is learned from childhood,” – Michelle Rowland
Advocates argue that addressing these underlying issues could lead to a significant reduction in both violence and deaths in custody.
Community-Led Solutions
Indigenous-led initiatives are proving to be key players in the movement to address systemic injustice. Amanda Porter, a campaign advocate, states that families who have lost loved ones are leading these campaigns, providing real answers to make our communities safer. She points to campaigns to decriminalize public drunkenness and disarm police as important precursors to more sweeping reform.
“Campaigns are being led by bereaved Aboriginal Torres Strait Islander families who have the solutions,” – Amanda Porter
Porter points to specific community campaigns that could enhance safety for everyone, emphasizing that these initiatives stem from lived experiences and understanding of local contexts.
“Work like [Tanya Day’s] family’s campaign to decriminalise public drunkenness, the Warlpiri community’s campaign to disarm the police, Dr Raylene Nixon’s campaign to ban the chokehold, all of these things would improve safety for everyone,” – Amanda Porter
While much work remains to be done and debated on these topics, everyone seems to acknowledge that a collaborative push will be needed to effect any real change. Advocate Lachlan Wright sheds light on the stigma endured by people with incarcerated loved ones. It is frequently astounding difficult for them to break free from cycles of violence.
“It’s really hard to break the cycle of if you have been in jail, your parents have been in jail, cousins or family members have been in jail, it can sometimes be a rite of passage, which is really quite sad,” – Lachlan Wright
