In addition to the much-anticipated further easing of restrictions for large gatherings from next month, another important item to come out of last Friday’s National Cabinet was the announcement that the new “Closing the Gap National Agreement” is now with state and territory governments for consideration before the Joint Council in July.

The Council of Indigenous Peaks, the Federal Cabinet, and states and territories will all be involved in the process, with an aim to have the agreement signed and new targets in place by the end of July. The Law Society supports this new, nationally coordinated approach to work with Indigenous Australians in deciding how policies and targets are developed and delivered. The Law Society also welcomes acknowledgement that the justice targets contained in the national agreement will focus on Indigenous incarceration rates.

The Law Society has long held the view that the high rate of Indigenous incarceration requires a comprehensive response from all levels of government, underpinned by Indigenous community empowerment and principles of self-determination. The Australian Law Reform Commission’s 2018 review of the disproportionate rates of Indigenous incarceration made 35 recommendations in its Pathways to Justice report. This report provides a roadmap to addressing these issues and the Law Society continues to urge the Federal and NSW Governments to act on these recommendations.

In NSW, Indigenous people make up approximately 2.9 per cent of the population but around 26.3 per cent of our adult prison population. There is even greater disparity in the juvenile justice system where Indigenous young people, who make up 4 per cent of the youth population in NSW, comprise 43 per cent of the juvenile detention population.

This disproportionate rate at which Indigenous people come into contact with our criminal justice system contributes significantly to the high mortality rate of our nation’s First Peoples. Research also indicates that high rates of repeated short-term incarceration experienced by Aboriginal people have a multitude of negative health effects for Indigenous communities and wider society. Furthermore, the incarceration of Indigenous adults also impacts on their families and communities, potentially placing Indigenous children at an increased risk of being placed into care and protection.

The Law Society has consistently supported the expansion of early intervention and diversionary programs that address the underlying cause of Indigenous incarceration and re-offending. We look forward to engaging with the NSW Government in the coming months as it works to develop state-based, community-driven solutions to meet new targets and close the gap in life outcomes between Indigenous and non-Indigenous Australians.

Richard Harvey, President, Law Society of NSW

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