Systemic Racism in Australian Policing 

I’ve witnessed firsthand the devastating impact of systemic racism on Aboriginal people’s interactions with law enforcement. This post examines several key cases that highlight the ongoing issues of racial profiling, excessive force, and discriminatory policing practices affecting Aboriginal communities in Australia.

Despite increased awareness and calls for reform, systemic racism continues to plague interactions between Aboriginal people and law enforcement in Australia.

Alarming Statistics

Recent data paints a grim picture of the ongoing disparities:

• Aboriginal and Torres Strait Islander people are 15 times more likely to be imprisoned than non-Indigenous Australians.
• In 2021, Aboriginal and Torres Strait Islander people accounted for 30% of the prison population, despite making up only 3% of the total Australian population.
• Since the 1991 Royal Commission into Aboriginal Deaths in Custody, over 500 Aboriginal people have died in custody, with no criminal convictions resulting from these deaths.

Deaths in Custody

Veronica Nelson

Background:

• Veronica Nelson was a proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman, aged 37.
• She died on January 2, 2020, at the Dame Phyllis Frost Centre, Victoria’s maximum-security women’s prison.
• Nelson had been in custody for only three days after being arrested for shoplifting and denied bail.

Key Issues:

1. Inadequate Healthcare:
   • Nelson received “cruel and degrading treatment” in her final hours.
   • The private prison healthcare contractor, Correct Care, failed to provide adequate care.
   • Nelson asked for help 49 times via intercom during her 36 hours in prison, experiencing worsening vomiting and cramps.
2. Bail Laws:
   • The coroner described Victoria’s bail laws as a “complete, unmitigated disaster” that disproportionately affected Aboriginal people.
   • Nelson was denied bail for a minor offense, highlighting issues with the bail system.
3. Systemic Racism:
   • The case highlighted ongoing systemic racism in the criminal justice system.
   • It demonstrated the disproportionate impact of certain laws and practices on Aboriginal people.

Coronial Inquest Findings:

• Coroner Simon McGregor found that Nelson’s death was preventable.
• He criticised the failures of Correct Care and Corrections Victoria in defining roles and establishing proper procedures.
• The coroner referred Correct Care to the state’s director of public prosecutions for potential prosecution.
• McGregor recommended an overhaul of bail laws and urged implementation of all recommendations from the 1991 royal commission into Aboriginal deaths in custody.

Outcomes and Calls for Change:

• The case sparked reforms to Victoria’s bail laws to make it easier for people charged with minor, non-violent offenses to be granted bail.
• Healthcare in women’s prisons in Victoria has been put back under public providers.
• Nelson’s family and advocates called for further reforms, including:
  • Implementing all of the coroner’s recommendations
  • Transitioning healthcare in all prisons to public providers
  • Allowing Aboriginal health services to deliver care in prisons
  • Further bail law reforms (referred to as “Poccum’s Law”)
  • Improving reviews and transparency around deaths in custody

Significance:

• The case underscores the need for widespread change in the criminal justice system to address ongoing harm to First Nations peoples.
• It highlights issues of over-incarceration, inadequate healthcare, and systemic racism in the prison system.
• The inquest set a precedent by putting evidence from lived experiences on an equal footing with academic evidence.

The Veronica Nelson case continues to be a focal point in discussions about Aboriginal deaths in custody, prison reform, and the need for systemic changes in Australia’s criminal justice system.

Aunty Tanya Day

Aunty Tanya Day was a proud Yorta Yorta woman, a much-loved sister, mother, grandmother, and community advocate. Her tragic death in police custody in 2017 sparked significant changes in Victoria’s approach to public intoxication and highlighted ongoing issues of systemic racism in law enforcement.Key points about Aunty Tanya Day’s case:

1. The incident: On December 5, 2017, Aunty Tanya fell asleep on a train from Echuca to Melbourne. A V/Line conductor deemed her “unruly” and called the police, despite her causing no disturbance.
2. Arrest: She was arrested for public intoxication and taken to Castlemaine police station, where she was placed in a concrete cell.
3. Injury: While in custody, Aunty Tanya fell and hit her head on the cell wall, sustaining a brain injury. The police failed to conduct adequate checks on her welfare.
4. Death: She passed away on December 22, 2017, 17 days after the initial incident.
5. Coroner’s findings: The coroner found that Aunty Tanya’s death was preventable and that unconscious bias played a role in her treatment. The coroner also found that police checks were inadequate and that Aunty Tanya was not treated with humanity and respect.
6. Systemic racism: This case was groundbreaking as it was the first coronial inquest in Victoria to examine the role of systemic racism in a death in custody.
7. Family advocacy: Aunty Tanya’s family, particularly her children, have been tireless advocates for justice and systemic change. Their efforts led to significant reforms in Victoria.
8. Legal representation: The Human Rights Law Centre represented the Day family in the coronial inquest.
9. Policy change: As a result of the family’s advocacy, the Victorian government committed to decriminalising public intoxication in August 2019. This change was finally implemented in November 2023.
10. Ongoing impact: The case continues to be a focal point in discussions about Aboriginal deaths in custody, police accountability, and the need for systemic reforms in Australia’s justice system.
11. Historical context: Tragically, Aunty Tanya was the second member of her family to die in police custody. Her uncle, Harrison Day, died in custody in 1982 and his case was examined by the Royal Commission into Aboriginal Deaths in Custody.
12. Lack of accountability: Despite the coroner referring two police officers for criminal investigation, the Director of Public Prosecutions decided not to prosecute, highlighting ongoing issues with police accountability.

The case of Aunty Tanya Day has become a symbol of the ongoing struggle for justice and equality for Aboriginal people in Australia, particularly in their interactions with the justice system. Her family continues to advocate for broader systemic changes to prevent similar tragedies in the future.

Systemic Issues

These cases highlight ongoing systemic issues:

1. Lack of Accountability: Despite numerous deaths and instances of excessive force, convictions of law enforcement officers remain extremely rare.
2. Overpolicing: Aboriginal communities continue to experience disproportionate surveillance and intervention by police.
3. Inadequate Training: Many argue that police lack sufficient cultural awareness and de-escalation training when dealing with Aboriginal people, particularly those with mental health issues.
4. Institutional Racism: Deeply ingrained biases within the justice system continue to disadvantage Aboriginal people at every stage, from arrest to sentencing.

Police Brutality and Racial Profiling

Disproportionate Use of Force

Recent data from NSW reveals that Aboriginal people are significantly overrepresented in police use-of-force incidents, accounting for 45% of such incidents despite making up only 3.4% of the population. This stark disparity points to ongoing issues of racial profiling and discriminatory policing practices.

The Bowraville Murders

The unsolved murders of three Aboriginal children in Bowraville, NSW in the early 1990s highlight long-standing issues of inadequate police responses to crimes against Aboriginal people. The initial investigations were plagued by racism and neglect, with police dismissing family concerns and failing to gather crucial evidence.

The Impact of Systemic Racism

These cases demonstrate how racism continues to shape police interactions with Aboriginal people. Key issues include:

• Unconscious bias leading to unnecessary arrests and interventions
• Inadequate responses to crimes against Aboriginal people
• Lack of accountability in deaths in custody
• Disproportionate use of force against Aboriginal individuals
• Erosion of trust between Aboriginal communities and law enforcement
• Over-incarceration of Aboriginal people due to discriminatory laws and practices

Towards an Abolition Framework

While reforms are often proposed as solutions, it’s crucial to consider more fundamental changes to address systemic racism in policing and prisons. An abolition framework offers a transformative approach:

1. Defunding and Reinvestment: Redirect funds from policing and prisons to community-led initiatives addressing root causes of social issues.
2. Community-Based Safety: Develop non-carceral responses to social problems, led by Aboriginal communities themselves.
3. Restorative Justice: Implement practices that focus on healing and accountability rather than punishment.
4. Decriminalisation: Address over-policing by decriminalising offenses that disproportionately affect Aboriginal people, such as public drunkenness.
5. Economic and Social Support: Invest in education, healthcare, housing, and employment programs to address underlying inequalities.
6. Bail Law Reform: Implement comprehensive bail law reforms to reduce the disproportionate impact on Aboriginal people, as highlighted by Veronica Nelson’s case.
7. Public Healthcare in Prisons: Transition all prison healthcare to public providers and allow Aboriginal health services to deliver care in prisons.

Conclusion

The cases discussed here represent just a fraction of the injustices faced by Aboriginal people in their interactions with police and the prison system. As legal professionals, we have a responsibility to advocate for systemic change and challenge the very foundations of a system that perpetuates racial inequality.

An abolition framework offers a path to reimagine community safety and justice, centering the experiences and leadership of Aboriginal people. Only through such transformative approaches can we hope to address the deep-rooted racism in our current system and build a more just and equitable society for all Australians.

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