Royal Commission into Aboriginal Deaths in Custody

Royal Commission into Aboriginal Deaths in Custody
Name	Royal Commission into Aboriginal Deaths in Custody
Formation	1987
Dissolution	1991
Jurisdiction	Australia
Commissioners	Lionel Murphy, Myles McGregor-Lowndes, Pat O'Shane, Ted Mullighan, Basil Hall
Report	Final Report (1991)

Royal Commission into Aboriginal Deaths in Custody The Royal Commission into Aboriginal Deaths in Custody was a landmark inquiry established in response to a series of high-profile Aboriginal and Torres Strait Islander deaths in custody that drew national attention, public protest, and political debate across Australia. The commission examined circumstances surrounding custodial deaths, conducted a wide-ranging investigation into institutions and practices in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, Northern Territory, and the Australian Capital Territory, and produced recommendations aimed at preventing further deaths.

Background and establishment

The commission was initiated after sustained activism by communities, families, and organisations including Aboriginal Legal Service, Aboriginal and Torres Strait Islander Commission, National Aboriginal Conference, and advocacy by figures such as Mick Dodson, Lowitja O'Donoghue, Charles Perkins, Eddie Mabo, and legal representatives from Amnesty International and the Law Council of Australia. High-profile incidents such as the custodial deaths that catalysed national debate involved names raised in parliamentary questions in the Parliament of Australia and were covered by media outlets like The Australian, The Age, The Sydney Morning Herald, ABC, and SBS. Political leaders including Bob Hawke responded to public pressure and referred the matter to the Crown, resulting in letters patent establishing the commission under the authority of the Governor-General of Australia.

Terms of reference and scope

The commission's terms of reference directed inquiry into patterns and causes of deaths in custody, including detention in police cells, prisons, and juvenile detention centers across jurisdictions such as New South Wales Police Force, Victoria Police, Queensland Police Service, and corrective services agencies like Corrective Services NSW and Corrective Services Queensland. It was empowered to examine systemic factors involving federal and state statutes, policies of agencies including Department of Aboriginal Affairs and Attorney-General's Department, and interactions with Indigenous legal services and coronial processes such as those in the Coroners Court of Victoria and the Coroners Court of New South Wales.

Investigation methodology and processes

The commission combined case studies, public hearings, closed investigations, and consultations with stakeholders including families, community leaders, legal advocates, and representatives from institutions like Royal Australian College of Physicians, Australian Medical Association, Australian Institute of Criminology, and the Australian Institute of Aboriginal and Torres Strait Islander Studies. It relied on coronial records, police reports from forces including Northern Territory Police, medical evidence from hospitals such as Royal Darwin Hospital, and submissions from Aboriginal organisations like Aboriginal Legal Service (South Australia), Victorian Aboriginal Legal Service, and Queensland Aboriginal Legal Service; legal counsel included barristers connected with the High Court of Australia and state supreme courts such as the Supreme Court of New South Wales. Commissioners conducted site inspections of facilities including Darlinghurst Gaol and juvenile institutions, employed expert witnesses from universities like Australian National University, University of Sydney, University of Melbourne, and applied social research techniques influenced by reports from bodies such as the Australian Law Reform Commission.

Findings and recommendations

The final report identified multifactorial causes including over-representation of Aboriginal people in detention, deficiencies in policing practices, inadequate health care in custody, and shortcomings in coronial and legal responses; it referenced historical dispossession involving Stolen Generations and policy legacies associated with administrations such as those led by Franklin D. Roosevelt (contextual comparative references) and national inquiries like the Wood Royal Commission for institutional parallels. Key recommendations included measures to reduce Indigenous incarceration through community-based alternatives, improved custodial health protocols, enhanced training for police forces like Victoria Police and Queensland Police Service, establishment of monitoring mechanisms, strengthening of Aboriginal legal services, and reform of coronial procedures in courts such as the Coroners Court of South Australia. The commission made dozens of specific action points addressing custodial standards, culturally appropriate services, and accountability for corrective services agencies.

Government and public responses

Federal and state governments led by figures such as Bob Hawke, state premiers including Nick Greiner and Jeff Kennett issued varied responses ranging from acceptance of recommendations to partial or delayed implementation. Community organisations including Aboriginal and Torres Strait Islander Commission, National Congress of Australia's First Peoples, Redfern Aboriginal Legal Service, and advocacy groups like Human Rights Commission mobilised to monitor progress. Media coverage by outlets including The Sydney Morning Herald, The Australian, The Guardian, and broadcasters such as ABC kept public attention on promised reforms and ongoing cases; protests and campaigns involved civil society groups, trade unions like the Australian Council of Trade Unions, and international attention from bodies such as United Nations Human Rights Council.

Implementation, outcomes, and legacy

Implementation varied across jurisdictions, with some reforms enacted in corrective services protocols, police training programs, and expansion of legal aid via organisations like Legal Aid NSW and Legal Aid Queensland, while many recommendations remained partially implemented or unmet according to follow-up reviews by entities such as the Australian Institute of Criminology and reports tabled in the Parliament of Australia. The commission's legacy influenced later inquiries including the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families and royal commissions such as the Royal Commission into Institutional Responses to Child Sexual Abuse and informed policy debates in successive administrations of prime ministers from Paul Keating to John Howard and beyond. It remains a touchstone in discussions about Indigenous justice reform, incarceration, health disparities, and Indigenous self-determination advocated by leaders such as Noel Pearson and organisations like Victorian Aboriginal Community Controlled Health Organisation.

Category:Royal commissions in Australia