Increase the efficacy of fine regimes
Recommendation 12–2 State and territory governments should work with relevant Aboriginal and Torres Strait Islander organisations to develop options that: reduce the imposition of fines and infringement notices;limit the penalty amounts of infringement notices;avoid suspension of driver licences for fine default; andprovide alternative ways of paying fines and infringement notices.12.41 Fines are of little benefit …
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Read moreOverview of the Report
ContextIn 1991, the RCIADIC found that the fundamental causes for over-representation of Aboriginal people in custody were not located within the criminal justice system. Such a claim has been echoed many times since. In Chapter 2, the ALRC places the disproportionate incarceration rates of Aboriginal and Torres Strait Islander peoples today in social and historical …
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Read moreTerms of Reference
ALRC inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoplesI, Senator the Hon George Brandis QC, Attorney-General of Australia, refer to the Australian Law Reform Commission, an inquiry into the over-representation of Aboriginal and Torres Strait Islander peoples in our prisons.It is acknowledged that while laws and legal frameworks are an important factor …
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Read moreImproving police practices and procedures
Recommendation 14–1 Commonwealth, state and territory governments should review police procedures and practices so that the law is enforced fairly, equally and without discrimination with respect to Aboriginal and Torres Strait Islander peoples.14.19 Throughout this Inquiry, a number of stakeholders informed the ALRC that police practices and policies contribute to the over-incarceration of Aboriginal and …
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Read moreComplaints against police
Recommendation 14–2 To provide Aboriginal and Torres Strait Islander people and communities with greater confidence in the integrity of police complaints handling processes, Commonwealth, state and territory governments should review their police complaints handling mechanisms to ensure greater practical independence, accountability and transparency of investigations.14.48 The ALRC recognises that a number of jurisdictions have recently …
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Read moreImproving police culture
Recommendation 14–4 In order to further enhance cultural change within police that will ensure police practices and procedures do not disproportionately contribute to the incarceration of Aboriginal and Torres Strait Islander peoples, the following initiatives should be considered:increasing Aboriginal and Torres Strait Islander employment within police;providing specific cultural awareness training for police being deployed to …
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Read moreKey gaps
Recommendation 9–1 State and territory corrective services agencies should develop prison programs with relevant Aboriginal and Torres Strait Islander organisations that address offending behaviours and/or prepare people for release. These programs should be made available to:prisoners held on remand;prisoners serving short sentences; andfemale Aboriginal and Torres Strait Islander prisoners.9.15 Aboriginal and Torres Strait Islander peoples …
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Read moreAvailability and flexibility of community-based sentencing options
Recommendation 7–1 State and territory governments should work with relevant Aboriginal and Torres Strait Islander organisations and community organisations to improve access to community-based sentencing options for Aboriginal and Torres Strait Islander offenders, by:expanding the geographic reach of community-based sentencing options, particularly in regional and remote areas;providing community-based sentencing options that are culturally appropriate; andmaking …
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Read moreReducing breach
7.106 Reductions in breach may be accomplished through engagement and collaboration with relevant Aboriginal and Torres Strait Islander organisations to provide sentencing options and assistance in meeting conditions, partnering with agencies and service providers to provide co-location of services.[158] Breach rates may also be reduced by the use of graduated sanctions in order to provide …
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Read moreWhat is justice reinvestment?
4.7 A justice reinvestment approach to criminal justice reform involves a redirection of money from prisons to fund and rebuild human resources and physical infrastructure in areas most affected by high levels of incarceration.[3] Justice reinvestment originated in the United States (US) as a response to an exponential growth in the rate of imprisonment since …
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