Inquiry update

Incarceration rates of Aboriginal and Torres Strait Islander Peoples

The Australian Law Reform Commission released a Discussion Paper, Incarceration Rates of Aboriginal and Torres Strait Islander Peoples (DP 84), on 19 July 2017, and is calling for comments and feedback on its questions and law reform proposals.

The Terms of Reference for this Inquiry ask the ALRC to consider laws and legal frameworks 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 people in custody. The ALRC was asked to consider a number of factors that decision makers take into account when deciding on a criminal justice response, including community safety, the availability of alternatives to incarceration, the degree of discretion available, and incarceration as a deterrent and as a punishment.  The Terms of Reference also direct the ALRC to consider laws that may contribute to the rate of Aboriginal and Torres Strait Islander peoples offending and the rate of incarceration of Aboriginal and Torres Strait Islander women.

The ALRC invites submissions in response to the proposals, questions and analysis in the Discussion Paper. Submissions are due to the ALRC by 4 September 2017.

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The ALRC is required to present its Report on the incarceration rates of Aboriginal and Torres Strait Islander peoples to the Attorney-General by 22 December 2017. 

Elder abuse

The ALRC delivered its Report, Elder Abuse—A National Legal Response, to the Attorney-General on 31 May 2017. The Report was launched in Melbourne on 15 June, at the 2017 World Elder Abuse Awareness Day Forum. ALRC President Rosalind Croucher, who led the Elder Abuse Inquiry, addressed the Forum.

The Report includes 43 recommendations for law reform and represents the culmination of research and consultation over a 15-month period. We received more than 450 submissions in response to two consultation documents —an Issues Paper and a Discussion Paper — and conducted 117 consultations around Australia.

Elder Abuse—A National Legal Response (ALRC Report 131) is available for viewing and download at the ALRC website.

The ALRC has produced three explainer podcasts discussing some of the key recommendations.