Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/19600
Record ID: 86f26fcc-f397-4cf2-b3fe-5b62668b0600
Web resource: https://www.alrc.gov.au/sites/default/files/pdfs/publications/discussion_paper_84_compressed_cover2.pdf
Type: Report
Title: Incarceration Rates of Aboriginal and Torres Strait Islander Peoples
Authors: Australian Law Reform Commission
Keywords: Law reform;Law;Aboriginal and Torres Strait Islander communities;Government inquiries;Incarceration
ANRA Population: Aboriginal and Torres Strait Islander Communities
Year: 2017
Publisher: Australian Law Reform Commission : Sydney
Citation: No. 84
Notes:  Discussion paper for ALRC inquiry focusing on the problem of over-representation of Aboriginal and Torres Strait Islander peoples in the criminal justice system, something that the
Attorney-General of Australia, Senator the Hon George Brandis QC, described as a 'national tragedy', and what law reform can do to ameliorate this situation.

On 6 December 2016, the Attorney-General's Department released draft Terms of Reference for public consultation. His Honour Judge Matthew Myers AM was appointed as
ALRC Commissioner to lead the Inquiry.

Terms of Reference
The ALRC was asked to consider laws and legal frameworks that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and Torres Strait Islander peoples in custody. 'Legal frameworks' encompass police, courts, legal assistance services and prisons. The ALRC was also asked to consider a number of factors that decision makers take into account when deciding on a criminal justice response, including community fety, the availability of alternatives to incarceration, the degree of discretion available in decision making and principles informing decisions to incarcerate. The incarceration of Aboriginal and Torres Strait Islander women was specifically identified as an area for consideration.

The ALRC was asked to consider laws that may contribute to the rate of Aboriginal and Torres Strait Islander peoples' offending including, but not limited to, laws that regulate the availability of alcohol, driving offences and unpaid fines and differences in application of laws across states and territories along with other access to justice issues.

See more: https://www.alrc.gov.au/sites/default/files/pdfs/publications/discussion_paper_84_compressed_cover2.pdf
URI: https://anrows.intersearch.com.au/anrowsjspui/handle/1/19600
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