Record Breaking Surge in Custodial Deaths Among Aboriginal People 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.

12 Aboriginal and Torres Strait Islander people have died in custody in NSW so far this year, the most on record.

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.

“Every one of these people had a name, a story, a family. They were loved and their families and communities will carry the scars of their loss.”

More than 60 per cent increase in number of Aboriginal people on remand

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.

In the same period, the non-Aboriginal prison population decreased by 12.5 per cent.

“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.

“These are not mere statistics … They are individuals whose deaths demand independent and careful scrutiny, respect and accountability.”

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 urge the government to cease enacting laws that conflict with its duty to lower the over-representation of Aboriginal people in police cells, courts, and prisons. Instead, it should collaborate with Aboriginal communities to employ community-led, evidence-based strategies to decrease incarceration rates.”