To end First Nations deaths in custody we must keep First Nations people out of the criminal justice system. The over policing and incarceration of First Nations people in NSW must end. In 2021, NSW reported the highest number of First Nations deaths in custody since recording began. While the overall number of people in prison is trending downward, the percentage of First Nations people entering into police custody and prison in New South Wales is worsening.
We must urgently implement all recommendations from the Royal Commission into First Nations Deaths in Custody and respond to the urgent call to action to invest in Justice Reinvestment, framed by Aboriginal definitions of reinvestment.
The Greens will push the next government to acknowledge the harms the criminal justice system causes to First Nations people and communities. The Greens will hand justice powers back to First Nations communities, developing a justice reinvestment action plan and mechanisms for reinvestment at the state and local level, developed by Aboriginal led organisations such as Just Reinvest NSW who work alongside Aboriginal communities to support place-based local solutions with backbone teams, capacity building, governance support and strategic assistance.
The Greens will:
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Implement all of the recommendations of the Royal Commission into Aboriginal Deaths in Custody
- Co-design and implement a NSW Justice Reinvestment Action Plan and Mechanisms for Reinvestment at the State and Local Level
- Repeal laws that disproportionately affect First Nations people
- Introduce new independent police and prison oversight mechanisms
- Increase funding for legal assistance services
- Raise the age of criminal responsibility
Implement the recommendations from the Royal Commission into First Nations Deaths in Custody
The Greens will require the Premier and the Department of Premier and Cabinet to implement all of the recommendations of the Royal Commission into Aboriginal Deaths in Custody as an immediate and urgent state priority.
Co-design and implementation of a NSW Justice Reinvestment Action Plan and Mechanisms for Reinvestment at the State and Local Level
Justice reinvestment is a way of reducing First Nations incarceration, by implementing strategies that address the drivers into the criminal justice system. These are place-based, community-led and data driven approaches to inform local solutions, such as devising local justice circuit-breakers. The Greens will require the Government to adhere to the call to action by Just Reinvest NSW to commit to the co-design and implementation of a NSW Justice Reinvestment Action Plan and mechanisms for reinvestment at the state and local level.
The NSW Justice Reinvestment Action Plan will follow the priority actions for implementation as set out by Justice Reinvestment.* The Justice Reinvestment Mechanisms for the State and Bourke will be as set out by Justice Reinvest.**
Repeal racist laws that disproportionately affect First Nations people
The Greens will undertake a comprehensive audit of NSW law, policies and procedures to determine disproportionate impacts on First Nations people in relation to the criminal justice system. The Greens will work to repeal or redress those laws, policies and procedures, including:
- Abolish NSW Police’s Suspect Target Management Plan program.
- Commence section 21AA of the Fisheries Management Act 1994 to protect cultural fishing.
- Amend bail laws to keep First Nations people out of remand facilities.
Introduce new independent police and prison oversight mechanisms
The Law Enforcement Conduct Commission (LECC) is responsible for investigating allegations of serious corruption and misconduct in NSW. The LECC however, only investigates 2% of cases and all other complaints are referred to the New South Wales Police. Police investigating police is never appropriate and will always ensure that justice cannot be delivered.
For prison misconduct complaints there are almost no accountability mechanisms. The Inspector of Custodial Services does not currently have the power to investigate individual complaints and the Ombudsman is grossly under-resourced. The Greens will commit to establishing a fully resourced, independent oversight body that can monitor, investigate and refer for prosecution any claims of misconduct in the prison system. The Greens will push the next government to fully resource and expand the powers of the LECC to ensure it can adequately investigate all complaints made against the NSW Police and remove these powers from police hands.
Increase funding for legal assistance services and expanded use of culturally considered Courts & Sentencing
While implementing Justice Reinvestment and transitioning to a self determined justice system in NSW it is essential that the Aboriginal Legal Service (ALS) is fully funded and that any court experience for First Nations people is as culturally appropriate as possible.
The ALS is a frontline service that provides essential support, information, referrals, legal advice and representation to First Nations people in NSW. It is essential it is funded based on need and demand. NSW currently underinvests in the ALS. The ALS must be able to attract and maintain appropriate employees to best deliver support and legal services to First Nations people. The Greens will introduce a justice impact test, that requires any new legislation to consider monetary impacts on legal assistance services and adjust funding to appropriately respond to the predicted impact.
The Greens also recognise the vital role of gender specific, culturally responsive Aboriginal community-controlled organisations such as Wirringa Baiya Aboriginal Women’s Legal Centre; and will push to ensure such legal assistance support services are adequately funded and resourced.
It is absolutely essential that all First Nations people in the criminal justice system that have to attend a court in NSW are able to access a culturally considered process such as a Koori Court, circle sentencing and or the Walama list.
Raise the age of criminal responsibility
The Greens will continue to work to raise the age of criminal responsibility in NSW. Currently children as young as 10 years of age are held criminally responsible. This enables the continued over-policing and over-incarceration rate of First Nations children. First Nations children and young people make up more than half of the youth population in NSW prisons.
Incarcerating children causes irreparable harm, particularly for those who have complex health and social needs. Children who are removed from their families and communities during crucial stages of development and placed in youth detention are exposed to a form of social control, stigmatisation and criminalisation that in many cases inflicts lifelong harm.
Raising the age of criminal responsibility to 14 is a much needed circuit breaker. However the Greens will continue to work to implement a First Nations led model of care that provides culturally appropriate early childhood holistic care.
Read our detailed policy to raise the age
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*NSW Justice Reinvestment Action Plan priorities, for implementation:
a) Appoint state and regional senior level government champions and/or cross-sector leadership groups to authorise different ways of working led by each community
b) Provide ongoing operational funding for community leadership and backbone teams
c) Commit to a process for establishing shared decision making around resource allocation at the local level and provide annual local Indigenous Expenditure Reports
d) Continue reforming outcomes measurement relevant to financing of justice reinvestment to establish a mutually agreed framework for assessing its ongoing effectiveness and performance. This framework should incorporate Aboriginal community perspectives on:
i. priority goals and outcomes
ii. monetary values attributed to these outcomes
iii. the type of data used to demonstrate progress against these outcomes.
e) Increase timely and responsive access to data for community-led justice reinvestment, aligned with Indigenous data sovereignty and governance principles.
**NSW Justice Reinvestment mechanisms for reinvestment at the state and local level:
a) A justice reinvestment mechanism for NSW - Consideration should be given to an annual levy based on the number of Aboriginal people incarcerated in NSW.
The mechanism will:
- direct funding towards early intervention and prevention in Aboriginal communities in NSW most deeply impacted by the criminal justice system
- increase local community decision-making control over the allocation of justice funding
- provide funding for initiatives identified as priorities through justice reinvestment, other Aboriginal community-led initiatives and Closing the Gap.
b) A place-based reinvestment mechanism for Bourke - co-designed with Maranguka and the Bourke Tribal Council.