Unfinished business: Koori women and the justice system Page 27

Chapter 2: The size of the problem 23

Moreover, "there is a concerning trend emerging,
as the actual number of Indigenous deaths in
prison are rising again, with 14 deaths in 2009-10
which is equal to the highest number on record".

Reports of the Social Justice Commissioner

The 2002 and 2004 Social Justice Reports
examined issues surrounding Aboriginal and
Torres Strait Islander women and prison from a
national perspective.

The 2002 report observed a steady rise in the
over-representation of Aboriginal and Torres
Strait Islander women in prison, as well as high
recidivism rates and higher rates of incarceration
for public order offences.

It noted that previous studies, including the Royal

Commission, had failed to analyse the unique
experiences of women in prison.

Of the 99

deaths investigated by the Royal Commission, 11
were women. However, none of the Commission's
recommendations addressed the discrimination
Aboriginal and Torres Strait women experience
because of their race and gender.

Arguably,

as a result, there has been less research, policy
attention and services developed to meet the
unique needs of Aboriginal and Torres Strait
Islander women.

These issues include disruption to family life and
specific issues around pregnancy, health care,
strip-searching, dislocation from services and loss
of housing identified in the 2002 Social Justice
Report.

The Social Justice Commissioner called

for holistic, community-based programs that
addressed housing needs, the effects of violence,

Mathew Lyneham and Andy Chan, `Deaths in Custody
in Australia to 30 June 2011: Twenty years of monitoring
by the National Deaths in Custody Program since the
Royal Commission into Aboriginal Deaths in Custody'
(Australian Institute of Criminology, 2013). <http://www.
aic.gov.au/publications/current%20series/mr/1-20/20.
html> at 10 July 2013.

Human Rights and Equal Opportunity Commission,
Social Justice Report 2002: Report of the Aboriginal
and Torres Strait Islander Social Justice Commissioner
(2002), 136-7, 140, 146.

Ibid 153-4.

See for example, Megan Davis, `A reflection on the Royal
Commission into Aboriginal Deaths in Custody and its
consideration of Aboriginal women' Australian Indigenous
Law Reform 15(1) 25-33. Nor did the Royal Commission
address issues relating to family violence and its interplay
with contact with the criminal justice system. See for
example, Elena Marchetti, `Critical Reflections Upon
Australia's Royal Commission into Aboriginal Deaths in
Custody' (2005) 5 Macquarie Law Journal 103, 122. See
also, Aboriginal Family Violence Prevention and Legal
Service Victoria, A Force To Be Reckoned With 2002-
2012: Still Standing Strong (2012) 11.

Human Rights and Equal Opportunity Commission,
`Social Justice Report 2002', above n 77, 157-165.

the needs of children and families, kinship
obligations, financial and employment issues
and access to health services, including drug
rehabilitation.

Again, in 2004 the Social Justice Commissioner
examined the needs of Aboriginal and Torres
Strait Islander women exiting prison.

His

report observed a lack of coordination between
different agencies, a lack of pre-release support
to prepare women for life after prison and a lack
of appropriate services that met the needs of
Aboriginal and Torres Strait Islander women.

For some women, this led to homelessness,
returning to abusive relationships or reoffending.

The report identified housing and healing programs
as key services that Aboriginal and Torres Strait
Islander women needed after leaving prison.

It recommended that healing programs address
grief and trauma and incorporate community
partnerships, mentoring and cultural practices.

Closing the Gap commitments

In December 2007, the Council of Australian
Governments (COAG) agreed to a partnership
to reduce Indigenous disadvantage in terms of
life expectancy, child mortality, education and
employment.

In 2011, COAG released the National Indigenous
Reform Agreement (Closing the Gap) setting
out the objectives, outcomes and outputs and
performance indicators for reform. Effective
since 2012, this agreement identifies `building
blocks' or areas for action towards closing the
gap: early childhood, schooling, health, economic
participation, healthy homes, safe communities
and governance and leadership.

Under the

Safe Communities building block, the agreement
identifies outputs including addressing alcohol
and substance abuse, supporting youth at risk and

Ibid 171-177.

Human Rights and Equal Opportunity Commission,
Social Justice Report 2004: Report of the Aboriginal
and Torres Strait Islander Social Justice Commissioner
(2005), 11-65.

Ibid 24-5.

Ibid 12.

Ibid 25.

Ibid 59.

Australian Government, Department of Families,
Housing, Community Services and Indigenous Affairs,
Closing the gap: the Indigenous reform agenda
(8 February 2013) <http://www.fahcsia.gov.au/our-
responsibilities/indigenous-australians/programs-
services/closing-the-gap> at 11 July 2013.

Council of Australian Governments, National Indigenous
Reform Agreement (Closing the Gap) (2011). <http://
www.federalfinancialrelations.gov.au/content/national_
agreements.aspx>.