Twelve months ago, the Australian Law Reform Commission released its report, Pathways to Justice Inquiry into the Incarceration Rates of Aboriginal and Torres Strait Islander Peoples, highlighting the high rates of Indigenous incarceration in our criminal justice system.

Indigenous people make up only 2.9 per cent of the state’s population, but 24.2 per cent of the NSW adult prison population. Of great concern is the disproportionately high number of Indigenous women in our state’s prisons and the fact that 80 per cent of Indigenous women prisoners are mothers. More so when we know the incarceration of Aboriginal and Torres Strait Islander mothers is a “key driver” in the removal of Indigenous children from their homes. We also know the over-incarceration of Indigenous people contributes significantly to the high mortality rate of our nation’s first people.

To date, neither the Australian Government, nor State and Territory Governments, have formally responded to the Pathways to Justice Report, which provides key recommendations to address the over-representation of Indigenous people in our prisons.

The disproportionate rate of Indigenous incarceration is shameful. This is a national crisis that requires a comprehensive response from all levels of government, underpinned by Indigenous community empowerment and principles of self-determination.

The Law Society of NSW is backing calls from the Law Council of Australia for the Commonwealth Government to set out its response to the recommendations to the Pathways to Justice Report, backed with increased appropriately targeted funding. The Law Society is also calling on the NSW Government to work in partnership with appropriate Aboriginal and Torres Strait Islander organisations and experts to develop innovative and local solutions to address the underlying causes of Indigenous incarceration and offending.

On another topic, last week I was honoured to attend a Managing Partners Roundtable on Cultural Diversity in the Legal Profession hosted by King & Wood Mallesons, which was followed by an equally engaging panel discussion on Mentoring Diversity in the legal profession. The NSW Women Lawyer’s Association panel discussion, again hosted by King & Wood Mallesons, featured the Race Discrimination Commissioner Chin Tan, the Honourable Justice Melissa Perry of the Federal Court of Australia, the Honourable Judge Richard Weinstein SC of the District Court of NSW, and Yen Hui Tie, General Counsel of AMP Capital.

The overwhelming message from both events was that diversity and inclusion must become a way of life for all Australians. Multiculturalism is our reality, and we all have a role to play in working towards a legal profession that is representative of our communities.

Elizabeth Espinosa, Law Society President

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