Record High: Alarming Increase in Aboriginal Custody Deaths in NSW

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The head of the New South Wales Aboriginal Legal Service (ALS) has condemned the state government’s “punitive laws and policing practices”, as the number of Indigenous deaths in custody hits a record high.

This year, New South Wales has witnessed the highest recorded number of Indigenous deaths in custody, with 12 Aboriginal and Torres Strait Islander individuals losing their lives.

Palawa woman and ALS CEO Karly Warner said the numbers should “deeply alarm” everyone in the state.

“This is a crisis and a preventable tragedy,” she said in a statement.

“Each of these individuals had a name, a unique story, and a family who cherished them. Their communities are now left to bear the profound impact of their loss,” a spokesperson emphasized.

During this timeframe, there was a notable 12.5 percent decrease in the non-Indigenous prison population.

The grim milestone comes as the number of Indigenous people in prison and on remand explodes across the state.

Over the last five years, the number of Indigenous people in custody has increased nearly 20 per cent; the number of those on remand has shot up by 63 per cent.

“These are not just numbers. They represent lives that deserve thorough, independent examination, with respect and accountability in focus,” the spokesperson added.

“These figures reflect the entrenched over-representation of First Nations peoples in the criminal justice system,” said NSW State Coroner Teresa O’Sullivan.

“[It’s] a systemic issue that compounds the risks and vulnerabilities contributing to the rising number of deaths in custody.”

Coroner O’Sullivan’s statement detailing the record number of deaths in custody is an extraordinary intervention, with such public missives rare.

“This is a profoundly distressing milestone,” she said.

The call to action is clear: “We urge the government to cease enacting legislation that undermines its commitment to reducing the over-representation of Aboriginal peoples in the justice system. Instead, there should be collaboration with Aboriginal communities to implement strategies that are both community-driven and supported by evidence to lower imprisonment rates.”

Government policies ‘driving more’ Aboriginal people into prison

Ms Warner said the increased deaths were a direct result of government policies.

“NSW is driving more Aboriginal women, children and men into prison than ever before,” she said.

“Despite committing to reduce the mass incarceration of Aboriginal people under the National Agreement on Closing the Gap, the NSW Government continues to double down on laws and policing which guarantee increased imprisonment.”

Solutions to reduce deaths in custody “are sitting on the shelf,” Ms Warner said.

“We call on the government to stop passing laws which contradict its obligations to reduce Aboriginal over-representation in police cells, courts and prisons, and instead work in partnership with Aboriginal communities to implement evidence-based, community-led solutions to reduce imprisonment.”