Aboriginal Over-Representation in Australian Prisons: A Continuing Crisis

Brian AJ Newman LLB
Jun 3
6 min read

At NATSICAS, we acknowledge and address the profound issue of Aboriginal and Torres Strait Islander over-representation in Australia’s prison systems. Despite ongoing advocacy and numerous government commitments, Aboriginal incarceration rates remain a critical human rights concern, as reflected in both the landmark 1991 Royal Commission into Aboriginal Deaths in Custody (RCIADIC) and the authoritative 2012 report, Monitoring and Oversight of Human Rights in Closed Environments (Naylor et al., 2012).

Current Incarceration Statistics: A National Tragedy

As of December 2024, the Australian Bureau of Statistics (ABS) presents a stark reality:

Aboriginal and Torres Strait Islander peoples comprise approximately 3.2% of the general Australian population, yet account for about 32% of the adult prison population (ABS, 2024).
Indigenous Australians experience incarceration rates of approximately 2,733 per 100,000 adults, compared to substantially lower rates for non-Indigenous populations (ABS, 2024).
Even more distressing, Aboriginal youth constitute about 57% of young people in detention facilities across Australia (AIHW, 2021).

Reflecting on the 1991 Royal Commission into Aboriginal Deaths in Custody: A Vision for Change

In 1991, Australia faced a critical moment of national reflection and responsibility—the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) courageously confronted our country with the uncomfortable truths of systemic injustice. This landmark inquiry didn't merely document statistics; it gave voice to grief, frustration, and hope, offering a powerful opportunity to reshape our collective future.

From these voices came 339 thoughtful and compassionate recommendations, each meticulously designed to end cycles of disadvantage, reduce incarceration rates, and restore dignity and justice to Aboriginal and Torres Strait Islander peoples. These recommendations were never intended as mere suggestions—they embodied a solemn promise of profound change and reconciliation.

Aboriginal Over-Representation in Australian Prisons: A Continuing Crisis

Inspiring a Pathway Forward

At the heart of the Commission’s vision were commitments to:

Empowering culturally appropriate legal representation and advocacy, ensuring every Indigenous voice is heard clearly and respected in our justice system.
Establishing meaningful alternatives to imprisonment, especially for minor offences, fostering rehabilitation rather than punishment.
Upholding fairness, equity, and dignity, making these the foundational principles guiding all interactions within the criminal justice system.
Creating national standards of humane treatment, safeguarding human rights in police and custodial practices.
Providing holistic and culturally supportive programs within correctional settings, fostering healing and rehabilitation.
Ensuring accountability through transparent and robust monitoring, so no injustice remains hidden or unaddressed.
Building detailed and reliable data systems to continuously track, evaluate, and improve custodial conditions and outcomes.
Facilitating genuine community leadership and oversight, recognising Aboriginal and Torres Strait Islander voices as essential in reforming our justice system.
Transforming police interactions through culturally informed and respectful protocols, ending harmful practices that disproportionately affect Aboriginal communities.
Reducing the criminalisation of Indigenous Australians, prioritising effective, culturally tailored diversionary programs over incarceration.

[Full list of 339 recommendations available here.]

The Broad Vision of the Recommendations

The 339 recommendations of the Royal Commission provide a clear, compassionate framework grouped into pivotal areas including:

Human Rights
Racism, Aboriginality, and Equity
Care and Well-being
Health
Custody and Security
Rehabilitation
Reparation
Administration and Accountability
Staffing Issues
Correctional Efficiency and Fairness

Each recommendation represents a commitment not just to justice, but to the fundamental dignity and humanity of Aboriginal and Torres Strait Islander peoples.

Where We Stand Today (2025)

Over three decades have passed, yet fewer than half of these pivotal recommendations have been effectively implemented. Critical measures intended to dismantle structural racism, reduce imprisonment, enhance cultural safety, and ensure rigorous accountability remain significantly under-realised. These persistent shortcomings perpetuate unacceptable patterns of incarceration, marginalisation, and injustice, underscoring the urgency for renewed action.

The Connection to Ongoing Realities

The compelling 2012 research Monitoring and Oversight of Human Rights in Closed Environments further highlights how the RCIADIC's original vision remains critically relevant today, with ongoing systemic failings such as:

Tragic breaches in duty of care, exemplified by distressing cases such as the death of Mr Ward, whose preventable loss continues to echo loudly, demanding accountability.
Chronic overcrowding and inadequate facilities, conditions incompatible with human dignity and rehabilitation.
Weak oversight and limited transparency, allowing injustices and abuses to continue unchecked.

A Call to Collective Action

We stand at another defining moment—a chance to reconnect with the vision of justice and healing articulated by the 1991 Royal Commission. This is not merely a call to revisit recommendations; it is an invitation to reclaim our shared humanity, rectify historic injustices, and forge a future in which Aboriginal and Torres Strait Islander peoples live with dignity, fairness, and genuine equality.

We urge governments, justice institutions, policymakers, and every Australian to renew their commitment, turn promises into tangible actions, and finally fulfil the enduring promise of the Royal Commission. Together, through courage, compassion, and unity, we can achieve lasting justice and meaningful reconciliation.

Linking Incarceration to Human Rights Oversight

The paper Monitoring and Oversight of Human Rights in Closed Environments (Naylor et al., 2012) reinforces the critical necessity of robust, independent oversight bodies to prevent human rights abuses in prisons. This authoritative research strongly aligns with the Royal Commission's call for transparency, cultural sensitivity, and accountability. Both documents underscore that without effective oversight mechanisms—such as those mandated by the Optional Protocol to the Convention against Torture (OPCAT)—the risk of further human rights abuses, including deaths in custody, remains unacceptably high.

Our Commitment and Call for Action at NATSIC

At NATSICAS, we stand firm in advocating for comprehensive reforms, urgently demanding:

Full and immediate implementation of all 339 recommendations from the Royal Commission into Aboriginal Deaths in Custody.
Ratification and practical implementation of OPCAT to establish regular, independent monitoring of custodial environments.
Significant investment in culturally appropriate justice alternatives, diversionary programs, and Aboriginal-led community services.
Immediate action to address systemic racism, socioeconomic disadvantage, and intergenerational trauma through holistic, culturally safe strategies.

Conclusion

The persistent over-representation of Aboriginal and Torres Strait Islander peoples within Australia's criminal justice system represents far more than a troubling statistic—it signifies a profound and ongoing national injustice entrenched in structural inequality, historical marginalisation, and systemic discrimination. This crisis demands immediate, decisive action and sustained commitment from all levels of government, justice agencies, policymakers, and communities.

Despite the unequivocal guidance provided by the landmark 1991 Royal Commission into Aboriginal Deaths in Custody, more than three decades later, the vast majority of its 339 recommendations remain only partially addressed or wholly unimplemented. Recent analyses, including findings from the Australian Institute of Criminology and comprehensive independent reviews, reveal that fewer than half of these critical recommendations have been effectively realised. Such inadequate implementation perpetuates cycles of incarceration, marginalisation, and profound violations of human rights, directly undermining the principles of justice, equality, and reconciliation.

NATSICAS unequivocally calls upon all Australian governments, policymakers, justice institutions, and community leaders to urgently recommit to the full implementation of the Royal Commission’s recommendations. Genuine partnership and collaboration with Aboriginal and Torres Strait Islander communities are essential to dismantling systemic barriers, safeguarding human rights, and fostering meaningful reform. Only through decisive collective action, rigorous oversight, and unwavering accountability can we achieve a truly fair, inclusive, and equitable justice system—one that respects the dignity and rights of First Nations peoples now and for future generations.

References

Australian Bureau of Statistics. (2024). Prisoners in Australia, 2024. ABS.
Australian Institute of Health and Welfare. (2021). Criminal Justice System 2021. AIHW.
Naylor, B., Debeljak, J., Dussuyer, I., & Thomas, S. (Eds.). (2012). Monitoring and Oversight of Human Rights in Closed Environments. Monash University Law Faculty.
Royal Commission into Aboriginal Deaths in Custody (1991). Recommendations. Australian Government.
University of Sydney. (2021). Preventing Aboriginal Deaths in Custody. Sydney University Report.