Andrews government can end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Yoorrook hearings

The Human Rights Law Centre will today call on the Andrews government to fast track critical reforms that would immediately reduce the number of Aboriginal and Torres Strait Islander people experiencing injustice at the hands of the criminal legal system, in evidence to be heard by the Yoorrook Justice Commission.

In the hearings convened by the first formal truth-telling process into injustices experienced by First Peoples in Victoria, the Human Rights Law Centre will also endorse the Victorian Aboriginal Legal Service’s call for the Andrews government to move towards a zero-prison population and for longer term transformation change of the criminal legal system.

There is a long overdue need for transformational change, alongside urgent action to address the mass imprisonment of Aboriginal and Torres Strait Islander people now, including:

  1. Overhauling discriminatory bail laws which are resulting in unsentenced Aboriginal and Torres Strait Islander people being locked up in pre-trial detention at alarming rates.

  2. Ending the status quo of police investigating themselves and dodging accountability for misconduct and discriminatory policing.

  3. Stopping the pipeline of Aboriginal and Torres Strait Islander children into prisons by raising the minimum age of criminal responsibility from 10 to at least 14 years old.

  4. Properly supporting self-determined alternatives being led by Aboriginal Torres Strait Islander people, communities and organisations.

Nick Espie, Legal Director at Human Rights Law Centre, who is giving evidence before the Yoorrook Justice Commission today, said:

“Record spending on prisons and policing, discriminatory laws, systemic racism and racist policing are a toxic combination resulting in an unjust criminal legal system that perpetuates the mass imprisonment of Aboriginal and Torres Strait Islander people.

“Aboriginal and Torres Strait Islander people, communities and organisations have always had the answers - now it is time for action. The Andrews government must listen to the evidence being heard by Yoorrook, and properly support self-determined alternatives being led by Aboriginal Torres Strait Islander people, communities and organisations to transform the criminal legal system.”

Monique Hurley, Managing Lawer at Human Rights Law Centre, who is also giving evidence before the Yoorrook Justice Commission today, said:

“The evidence is clear - prisons do not make communities safer. A brave Victorian government would stop propping up a system of cruelty by overhauling the state’s bail laws, holding police to account for misconduct and raising the age of criminal responsibility from 10 to at least 14.

“Victoria has some of Australia’s most discriminatory bail laws that needlessly remove Aboriginal and Torres Strait Islander people from their families and funnel them into prisons to be warehoused on remand. The Andrews government must do the right thing and overhaul Victoria’s bail laws.

“For too long, police have been able to act with impunity for discriminatory policing and deaths in custody. While successive governments have invested money into expanding the state’s police force, there has been no commensurate increase in accountability. The Andrews government must end the status quo of police investigating themselves and dodging accountability for their actions.

“Children belong with their families and communities, not in prison cells. Raising the minimum age of criminal responsibility from ten to at least 14 is straightforward reform that the Andrews government can make today to stop the pipeline of Aboriginal and Torres Strait Islander children into prisons.”

About the Yoorrook Justice Commission:

The Yoorrook Justice Commission is the first formal truth-telling process into injustices experienced by First Peoples in Victoria. This week, Yoorrook is hearing evidence about the injustices faced by First Peoples in Victoria’s criminal legal system. You can livestream the hearings via the Yoorrook website. Next year, Yoorrook will hear from Aboriginal and Torres Strait Islander people who have experienced injustice in the criminal legal system. First Peoples can tell their truth about any ongoing or historic injustice by making a submission through Yoorrook’s online submission portal here.

The Human Rights Law Centre’s submission to Yoorrook is available here.

Media Contact:

Michelle Bennett, Engagement Director, 0419 100 519 michelle.bennett@hrlc.org.au