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White heat: Blacks deaths

By Geoff Clark - posted Tuesday, 15 May 2001


It found Indigenous peoples were:

  • more likely to be arrested for trivial offences
  • to be charged rather than cautioned
  • more likely to be arrested than charged by summons
  • less likely to be bailed
  • less likely to be offered alternate sentencing options

The odds were weighted against each of the 99 people who died but there was a bigger story to be revealed in the report.

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In effect the Royal Commission found that, rather than being a matter of simple punishment, jailing was a continuing crime against Indigenous people where white Australia in its dominant place in society imposed a white system of punishment.

The Royal Commission found that it was the weight of history and continuing practices of discrimination that were directly responsible for a custody rate that far outstripped that for white Australia.

Some 60 per cent of the Commission's recommendations related to reform of the criminal justice system and custodial practices.

Fundamental to its approach was that imprisonment be used a last resort. Diversionary programs should be used more often.

The initial acceptance of the Royal Commission recommendations by Federal, State and Territory governments has now been dismissed by some states with zero tolerance policing and mandatory sentencing introduced.

This illustrates that racism and discrimination is still rife, and maybe increasing, ten years on.

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The other 40 per cent of the recommendations required a fundamental shift in the relationship between Indigenous peoples and the rest of the population.

It also dealt in detail with:

  • Drugs and health
  • Schools and education
  • Employment and economic opportunity
  • Housing and infrastructure.
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This is an edited extract from a speech given to the Tenth Anniversary of the Royal Commission into Aboriginal Deaths In Custody at Melbourne Museum, April 17, 2001. Click here to read the full transcript.



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About the Author

Geoff Clark is a former Chair of ATSIC.

Other articles by this Author

All articles by Geoff Clark
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ATSIC
Report into Aboriginal Deaths in Custody
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