Closing the Gap targets: key findings and implications

Target

The target associated with Outcome 10 in the 2020 National Agreement is to reduce the rate of Aboriginal and Torres Strait Islander adults held in incarceration by at least 15% from a 2019 baseline rate of around 2,142 per 100,000 adult population to around 1,821 per 100,000 adult population by 2031.

Background

The Royal Commission into Aboriginal Deaths in Custody recognised that the fundamental causes for the over-representation of Aboriginal and Torres Strait Islander (First Nations) people in custody are not factors associated completely within the criminal justice system, but are symptomatic of the broader social and economic inequality faced by First Nations people.

Imprisonment exacerbates existing social and economic inequalities and affects family, children and the broader community – and can have intergenerational effects. This cycle can lead to the normalisation of incarceration, where prison no longer acts as a deterrent but instead becomes an inevitable part of life.

There are a wide range of socioeconomic, health and cultural factors associated with high rates of offending and imprisonment among First Nations people. These include:

• early school leaving, low school performance, and low educational attainment
• high rates of unemployment and low-quality employment
• a lack of secure accommodation
• hearing impairment, cognitive impairment/disability or mental and physical illness
• risky use of alcohol and illicit drugs
• the trauma associated with colonisation, being a member of the Stolen Generations, and the forced removal of First Nations children
• a greater risk of being neglected or abused, and being a victim of family violence for children, young people and women.

Strong attachment to culture is a protective factor and is associated with a reduced probability of being arrested or re-offending.

First Nations over-representation exists at all stages of the criminal justice system. In 2016, First Nations people were 7 times as likely as non-Indigenous Australians to be charged with a criminal offence and appear before the courts, 11 times as likely to be held in prison on remand awaiting trial or sentence, and 12.5 times as likely to receive a sentence of imprisonment.

Current status

Nationally, the age-standardised adult imprisonment rate (ASAIR, measured as per 100,000 adult population) for First Nations adults in 2022 was around 2,200, over 14 times as high as the non-Indigenous ASAIR (150).

Despite falls for a few years in between, the First Nations ASAIR rose from around 1,300 in 2006. Over the same period, the non-Indigenous ASAIR rose from around 130 to 150 – a much lower increase than for the First Nations ASAIR. This is reflected in the increase in the First Nations to non-Indigenous ASAIR ratio (rate ratio), from 10 in 2006 to 14 in 2022.

The national target is not on track to be met by 2031.

In 2022, Tasmania (around 680), the Australian Capital Territory (around 1,500) and Victoria (around 1,600) had lower ASAIR than the 2031 national target of around 1,821. New South Wales (around 1,900) and Queensland (around 2,000) had an ASAIR higher than the national 2031 target, though lower than the national ASAIR in 2022 (around 2,200). South Australia (around 2,500), the Northern Territory (around 2,800) and Western Australia (around 3,200) had ASAIR higher than the national 2031 target and the national ASAIR in 2022 (around 2,200).

Between 2019 and 2022, the First Nations ASAIR fell in Victoria, Western Australia, Tasmania and the Australian Capital Territory, rose in Queensland, South Australia and the Northern Territory, and remained unchanged in New South Wales.

The ASAIR for First Nations men (around 3,900) was 10 times as high as the ASAIR for First Nations women (around 385).

The rate of imprisonment among First Nations adults increased with each successive age group, from about 980 among 18-year-olds to around 4,300 for those aged 35–39; it then declined gradually to around 145 for those aged 65 and over.

As at 30 June 2022, 78% of First Nations and 52% of non-Indigenous adults in prison had a prior imprisonment under a sentence in an adult prison. The highest proportion (91%) of First Nations adults in prison with prior imprisonment had a current most serious offence/charge of ‘offences against justice’. This charge relates to offences against justice procedures, government security and government operations.

Key findings

Regression analysis outcomes indicate that the odds of incarceration among First Nations adults were statistically significantly higher for First Nations males, and for those who:

• were relatively younger (aged 23–32 and 33–42)
• did not attain at least a year 12 or equivalent educational qualification
• had experienced removal from their natural family
• lived in crowded households
• lived in a single-parent family or other families (compared with those living in couple families)
• lived in Western Australia, South Australia or the Northern Territory (compared with living in New South Wales).

Strategies for improvement

Factors increasing the risk of imprisonment found in the literature review and analysis in this chapter included a range of modifiable factors, such as education, employment, housing, removal from family, living in a single-parent family, experience of physical harm, physical and mental health, financial stress, alcohol and drug use, and adverse childhood experiences. Many of these drivers are the outcomes of other Closing the Gap targets; progress towards these relevant targets will also help to reduce imprisonment rates for First Nations adults.

The Australian Government funded the evaluations of programs designed to reduce the rates of offending for First Nations Australians, incarceration and recidivism. These evaluations identified elements of programs that were good practice and well managed, including the following:

• First Nations courts and conferences provide a more culturally appropriate and inclusive process and encompass the wider circumstances of offenders and victims, and may contribute to reducing recidivism.
• Community participation in supporting offenders’ re-integration post-release and in preventing re-offending has brought ownership of the justice process and improved accountability and support for offenders.
• Effective service coordination and partnerships with allied services can assist offenders to navigate the complex justice system and access the services they need.

The Australian Law Reform Commission has recommended the availability and flexibility of community-based sentencing options to prevent First Nations Australians returning to the justice system.

Programs to improve education and employment‑related skills for those within the prison system could contribute to reducing re-offending.

To reduce the higher risk of imprisonment among those removed from family or having a relative removed from family, healing programs are essential.

Other efforts to reduce the over-representation of First Nations Australians in the criminal justice system include:

• maternal health, parenting skills and family-based programs
• holistic intensive programs for First Nations young people in out-of-home care
• actions targeting those at high risk of offending
• therapeutic and holistic support to attend to criminogenic needs
• programs targeting aggression and problem sexual behaviour
• prison-based rehabilitative programs, including prison services for people with a cognitive disability
• prisoner through-care programs, including employment-focused re-entry programs
• access to appropriate legal services (ALRC 2017)
• early intervention, prevention, justice reinvestment and diversion initiatives (PricewaterhouseCoopers 2017).