State Coroner Issues Unprecedented Public Letter on Heartbreaking Milestone

New South Wales State Coroner Teresa O’Sullivan has issued a rare public statement following the revelation that the state has seen an unprecedented number of Indigenous deaths in custody this year.

O’Sullivan disclosed that 12 Aboriginal and Torres Strait Islander individuals have died while in custody so far in 2023—an alarming statistic she described as a “profoundly distressing milestone.”

Emphasizing the gravity of the situation, she stated, “These are not mere statistics.”

“Each of these deaths represents a person whose life mattered, and whose loss is deeply felt by families, loved ones, and communities across the state,” O’Sullivan highlighted in her statement today.

She underscored the need for these deaths to be met with “independent and careful scrutiny, respect, and accountability,” stressing their significance beyond the numbers.

The Aboriginal Legal Service said it was a “horrifying record”, adding that an additional four Indigenous people have died in police operations.

“This is a crisis and a preventable tragedy that should deeply alarm everyone in NSW,” Aboriginal Legal Service NSW/ACT chief executive Karly Warner said.

“A prison sentence should not be a death sentence.”

Aboriginal and Torres Strait Islander people make up only 3.4 per cent of the NSW population, according to the latest data from the Australian Bureau of Statistics.

But the NSW Bureau of Crime Statistics and Research found Aboriginal adults represent 33.4 per cent of the total adult prison population, and Aboriginal youth account for 60 per cent of the youth detention population as of June.

O’Sullivan said the number of Aboriginal people in custody has increased by 18.9 per cent over the past five years, while the number of non-Aboriginal people in custody has decreased by 12.5 per cent in that same time.

She added that 45.6 per cent of the Aboriginal adults in custody were on remand or refused bail awaiting court, which was an increase of 63 per cent in the same five-year period. 

“These figures reflect the entrenched over-representation of First Nations peoples in the criminal justice system – a systemic issue that compounds the risks and vulnerabilities contributing to the rising number of deaths in custody,” she said.

Warner attributed the rise to punitive laws and policing practices and called on the state government to work with Indigenous communities to implement real solutions to reduce imprisonment.

”Prisons are dangerous places,” she said.

“The Aboriginal Legal Service has represented families of people who died behind bars of simple and treatable health conditions, and people whose deaths involved hanging points that should have been removed long ago.

“We have solutions to reduce deaths in custody, but too many are sitting on the shelf, gathering dust.”

The NSW government said it takes Indigenous deaths in custody seriously.

“We are working to reduce all preventable deaths in custody, including by improving design and safety across correctional centres, and have invested $16 million to make our prisons safer by removing ligature points,” a NSW government spokesperson said.

“We are prioritising community safety while working with communities to reduce crime, the drivers of crime and towards our Closing the Gap targets regarding Indigenous incarceration.”

An external review of Indigenous deaths in custody is underway and is set to make recommendations to Corrective Services next year.

O’Sullivan — who was appointed as the second woman to lead the Coroners’ Court in 2019 and described as being “passionate about reducing the number of preventable deaths in NSW” — said she will continue to investigate every death in custody “independently and thoroughly”.

“Inquests will be conducted with impartiality, transparency and cultural sensitivity, ensuring that the voices of affected families and communities are heard and respected,” she said.

For 24/7 crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76).

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