When the Royal Commission into Aboriginal Deaths in Custody delivered its final report in 1991, Commissioner Elliott Johnston warned that the tragedy of Indigenous deaths would persist until Australia addressed the root causes of why Aboriginal people were being incarcerated. Despite the commission’s findings, which identified systemic inequality and colonization as key factors, the situation has only worsened over the past three decades. Indigenous Australians now face the highest incarceration rates globally, with a rising number of deaths occurring in custody.
The “Deaths in Custody in Australia 2024–25” report, released by the Australian Institute of Criminology, highlights a grim milestone: the highest number of Indigenous deaths in custody since records began in 1979/80. In the 2024/25 financial year alone, 33 Indigenous people died in custody, including 26 in prisons. This marks the highest figure ever recorded, with Indigenous Australians now comprising 29% of all deaths in custody, a proportion that has increased since the 1991 commission findings.
Systemic Failures and Government Response
Minister for Indigenous Australians, Malarndirri McCarthy, expressed deep concern over these figures, stating, “Too many First Nations people are dying in custody.” She emphasized the need for all governments to honor their commitments under the National Agreement on Closing the Gap to reduce Indigenous incarceration rates. McCarthy also highlighted the Commonwealth’s focus on preventing First Nations people from entering the justice system through community-led initiatives.
Despite these efforts, the disparities in incarceration rates remain stark. In 1991, First Nations people accounted for 1.6% of the population and 14% of all prisoners. By 2020, this had more than doubled to nearly 30%. The report indicates that New South Wales recorded the highest number of Indigenous deaths in prison custody in 2024–25, with nine deaths.
Historical Context and Continuing Challenges
The royal commission’s findings in 1991 underscored the dangers faced by Aboriginal people in short-term police lock-ups and the criminalization of public drunkenness. Today, the risks have shifted to the period following a magistrate’s refusal of bail. Stricter bail laws in Queensland, Western Australia, and the Northern Territory have contributed to a cycle of incarceration for minor offenses, a pattern the royal commission warned against.
Marcia Langton, a professor of Australian Indigenous studies at the University of Melbourne, calls for urgent reform measures, stating, “The increasing failure of police and correctional services officers to abide by duty of care principles demands urgent reform.” She advocates for uniform duty of care training across all jurisdictions, emphasizing timely responses to detainees’ medical needs.
The Role of Healthcare and Oversight
Inside prisons, healthcare remains inadequate, with outsourced contracts and minimal clinical oversight. Coronial inquests have repeatedly highlighted failures in monitoring vulnerable prisoners and providing culturally competent care. These systemic issues point to a justice system that has grown more punitive and risk-averse since the 1991 royal commission.
A 2021 review by the Australian National University’s Centre for Aboriginal Economic Policy Research found that the majority of the royal commission’s recommendations remain unimplemented. The review noted, “This failure to implement the recommendations has contributed to increasing First Nations incarceration and is directly related to many First Nations deaths in custody over the past three decades.”
Political Accountability and Future Directions
Independent Senator Lidia Thorpe, a Gunnai, Gunditjmara, and Djab Wurrung woman, argues that responsibility for these deaths lies with the federal government. She advocates for the establishment of a national oversight body and better use of funding to hold states and territories accountable to their commitments. Thorpe also criticizes the allocation of significant funding to police forces despite concerns about their impact on Indigenous communities.
“I understand that New South Wales is now putting money into removing hanging points [in cells], which is a royal commission recommendation from 34 years ago,” Thorpe stated, emphasizing the preventable nature of many deaths.
In a recent press conference, Prime Minister Anthony Albanese acknowledged the crisis but noted the limitations of federal intervention under Australia’s constitutional framework. While the Commonwealth can urge states and territories to act, it cannot compel them.
Conclusion: Bridging the Gap Between Promise and Practice
The latest report underscores the gap between governmental promises and actual practice. More than three decades after Commissioner Johnston’s warning, the federal government continues to acknowledge the crisis without taking decisive action to address it. The report highlights the need for national leadership and a renewed commitment to implementing the royal commission’s recommendations to prevent further loss of Indigenous lives.
