(Report, November 2016). The Government is yet to respond to the Report. Most recently Australia was highly criticised
by the Committee on the Rights of Persons with Disabilities for making no progress in this regard, see CPRD Concluding
Observations on Australia, UN Doc CRPD/C/AUS/CO/2-3 (n 61) 7.
106 See ‘Australia’s 2nd Universal Periodic Review: Voluntary Commitments’, Human Rights Law Centre (Web Page).
See also: ‘Australia’s International Human Rights Obligations’, Law Council of Australia (Web Page).
107 Australian Bureau of Statistics, Prisoners in Australia, 2019 (Catalogue 4517.0, 4 December 2019); Jane AndrewJ
et.al. Prison Privatisation in Australia: The State of the Nation Accountability, Costs, Performance and Efficiency (Report,
University of Sydney Business School, 2016; Hayley Gleeson and Julia Baird, ‘Why are our prisons full of domestic
violence victims?’ ABC News (online, 18 December 2019). In 2017 the Australian Law Reform Commission conducted
an Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples: Australian Law Reform
Commission, Pathways to Justice—An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander
Peoples (Summary Report No 133, December 2017). Recommendations from the Final Report have yet to be
implemented.
108 Human Rights Watch, Interview: The Horror of Australia’s Prisons. Prisoners with Disabilities Serving Time in
Solitary, Face Physical, Sexual Abuse, (Interview with Kriti Sharma, 6 February 2018).
109 Human Rights Watch, “I Needed Help, Instead I Was Punished”: Abuse and Neglect of Prisoners with Disabilities in
Australia’ (Report, 6 February 2018).
110 Lorena Allam, Calla Wahlquist, Nick Evershed, ‘Aboriginal deaths in custody: Black Lives Matter protests referred to
our count of 432 deaths. It’s now 437’, The Guardian (online, 9 June 2020).
111 Hayley Gleeson and Julia Baird, ‘Why are our prisons full of domestic violence victims?’ ABC News (online, 18
December 2019).
112 Human Rights Law Centre and Change the Record, Over-represented and overlooked: the crisis of Aboriginal and
Torres Strait Islander women’s growing over-imprisonment (Report, May 2017).
113 Mandy Wilson et.al., ‘Violence in the Lives of Incarcerated Aboriginal Mothers in Western Australia’ (2017) 7(1) SAGE
Open 1; Rowena Lawrie, ‘Speak Out Speak Strong: Rising Imprisonment Rates of Aboriginal Women’ (2003) 8(2)
Australian Indigenous Law Reporter 81.
114 These must also be consistent with the National Plan to Reduce Violence against Women and Their Children.
115 Legislative Council Standing Committee on Social Issues, Parliament of New South Wales, Report into Children of
Imprisoned Parents (Report No 12, July 1997) 6.
116 Royal Commission into Child Protection and Youth Detention in the Northern Territory (Final Report, 17 November
2017), Queensland Independent Review of Youth Detention Centres (Confidential Report, December 2016); Commission
for Children and Young People, Victoria, The same four walls: Inquiry into the use of isolation, separation and lockdown
at places of youth detention in Victoria (Report, 2017); Office of the Inspector of Custodial Services, Western Australia,
Behaviour Management Practices at Banksia Hill (Report, June 2017); Inspector of Custodial Services, New South
Wales, Use of Force Against Detainees in NSW Juvenile Justice Centres (Report, 2018); Legal and Social Issues
Committee, Legislative Council, Parliament of Victoria, Inquiry into Youth Justice Centres in Victoria (Final Report, March
2018); Office of the Advocate for Children and Young People, New South Wales, What children and young people in
juvenile justice centres have to say (Report, 2019); Australian Institute of Health and Welfare, Youth Justice in Australia
(Report, 10 May 2019); Australian Institute of Health and Welfare, Young people in child protection and under youth
justice supervision: 2013-2014 (Report, Data Linkage Series No 21, 2016); Susan Baidawi and Rosemary Sheehan,
Cross-over kids: Effective responses to children and young people in the youth justice and statutory Child Protection
systems (Report to the Institute of Criminology, December 2019) and Ombudsman SA, Investigation concerning the use
of spit hoods in the Adelaide Youth Training Centre (Report, September 2019). In Tasmania a police investigation
resulted in charges of common assault being laid against a guard from Ashley Youth Detention Centre. In the ACT an
incident at Bimberi Youth Justice Centre on 6 May 2016 is, according to the ACT Human Rights Commission: “subject to
three separate external enquiries, including an investigation by the AFP.”
117 Mark Willacy, ‘The Watch House Files’, ABC News (online, 13 May 2019).
118 Garth den Heyer and Alan Beckley, ‘Police independent oversight in Australia and New Zealand’ (2013) 14(2) Police
Practice & Research 130, 130, 139.
119 The New South Wales example showing a 5% cut in budget over a four year period starting in 2018, despite having
initiating 1,083 more assessments in the 2018/2019 period than previous oversight body in 2015/2016. Michael
McGowan, ‘NSW police watchdog fully investigated just 2% of 'firehose' of complaints: Law Enforcement and Conduct
Commission says budget cuts mean it is being forced to ‘do more with less’’ The Guardian (online, 3 November 2019);
Garth den Heyer and Alan Beckley, (n 118) 138.
120 Louise Porter and Tim Prenzler, Police Integrity and Management in Australia: Global Lessons for Combating Police
Misconduct (Routledge, 2012), 4, 233.
121 Avital Mentovich et al., ‘Policing alienated minorities in divided cities’ (2018) Regulation & Governance 1, 2.
122 Kristina Murphy, Adrian Cherney and Marcus Teston, ‘Promoting Muslims’ Willingness to Report Terror Threats to
Police: Testing Competing Theories of Procedural Justice’ (2018) 36(4) Justice Quarterly 594, 594-597; Kent Roach,
‘The Eroding Distinction Between Intelligence and Evidence in Terrorism Investigations’ in Nicola McGarrity, Andrew
Lynch and George Williams (eds), Counter-Terrorism and Beyond (Routledge, 2010) 48, 49.
123 Police notably struggle in the context of violence against minority communities, with training being inconsistent
overall. Avital Mentovich et al. (n 121) 2; Toby Miles-Johnsona et al, ‘Police Perceptions of Prejudice: how police
awareness training influences the capacity of police to assess prejudiced motivated crime’ (2016) 28(6) Policing and
Society 730, 732.
124 Tamar Hopkins, Monitoring Racial Profiling - Introducing a scheme to prevent unlawful stops and searches by Victoria
Police (Report, Police Stop Data Working Group, Flemington & Kensington Legal Centre, August 2017).
125 Two major reviews of the rates of the incarceration of Aboriginal and Torres Strait Islander Peoples have been
conducted in the period since the Royal Commission without response from Federal Government. Lorena Allam, Calla
Wahlquist and Nick Evershed, ‘Indigenous Deaths in Custody worsen in the year of tracking by Deaths inside Project’,
31