The over-representation of Aboriginal and Torres Strait Islanders in Canberra's jail has increased by 27 per cent over recent years with a review finding the ACT government needed to do more to address this.
The first part of an independent review into the territory's high Indigenous incarceration rate found there was ongoing issues of systemic discrimination and insufficient support for Aboriginal participation in decision-making.
The review said the over-representation rate had increased by 27 per cent between 2017 and 2023. This was due to the rate of non-Indigenous imprisonment in the ACT declining.
The level of over-representation in the ACT between Aboriginal and Torres Strait Islander people compared to non-Indigenous people was 21.3, which was the highest in Australia and significantly higher than the national average of 15.2.
The percentage of Indigenous people in remand in the ACT in 2023 was 49 per cent, higher than the national average of 41 per cent.
The review also showed nearly 90 per cent of Indigenous men in prison in the ACT in 2023 had been previously imprisoned, compared to the national rate of 79 per cent.
While the over-representation rate had increased, the imprisonment rate for Aboriginal and Torres Strait Islander people was 5 per cent lower in 2023 compared to 2017.
The long-awaited review from the Jumbunna Institute of Indigenous Education and Research assessed how the ACT has implemented the recommendations from an Australian Law Reform Commission report into Indigenous incarceration rates.
The review found the territory had fully or partially implemented 80 per cent of the recommendations but there were "multiple barriers and limitations" to effective implementation.
One stakeholder told reviewers the government was not good at implementing changes.
"The ACT government, they're good with the talk but they're not great when it comes to implementing any of the recommendations ... but we've got all these inquiries, all these reports, but the recommendations don't get implemented," the stakeholder said.
Jumbunna Institute for Indigenous Education and Research professor of criminology Chris Cunneen said these included a lack of coordination and accountability, insufficient support for Aboriginal participation in decision-making and ongoing issues of discrimination.
Professor Cunneen said more funding was needed to support organisations working to reduce over-representation.
"There is still a great effort needed to properly fund Aboriginal organisations who are working to reduce Aboriginal contact with the criminal justice system in areas such as bail and post-release support," he said.
"Such programs can reduce the remand population, assist in people complying with bail conditions and help people not return to prison after release.
"The provision of suitable housing is also a critical issue, particularly for Aboriginal women on remand and leaving prison."
The ACT government finally committed to the review earlier this year, almost three-and-a-half years after promising the review.
Attorney-General Shane Rattenbury said the government would include more First Nations people in the decision-making process and he was hopeful this would result in reducing incarceration rates.
"The ACT justice system is significantly more likely to arrest, prosecute and jail First Nations people than non-Indigenous people," he said.
"Many traditional justice system features are not designed with the needs of First Nations people in mind creating disadvantage which often leads to incarceration.
"With more First Nations people in our decision-making processes, we will see a more coordinated and transparent approach, more government accountability, more community-led solutions that are culturally appropriate and ultimately reduce incarceration rates."
Aboriginal and Torres Strait Islander Affairs Minister Rachel Stephen-Smith said the government was committed to supporting culturally appropriate and community-led initiatives. She said the over-representation was unacceptable.
"The overrepresentation of Aboriginal and Torres Strait Islander people in our justice system is unacceptable," she said.
"While we have a long way to go to address the legacy of colonisation and dispossession and the very real issues of racism still impacting communities today, the improvements we are seeing are welcome."
The second part of the review will be released later this year and will focus on developing recommendations with the Aboriginal and Torres Strait Islander community.
