Recommendation 41

This recommendation is assigned to CSNSW.

Recommendation

That statistics and other information on Aboriginal and non- Aboriginal deaths in prison, police custody and juvenile detention centres, and related matters, be monitored nationally on an ongoing basis. I suggest that responsibility for this be established within the Australian Institute of Criminology and that all custodial agencies co-operate with the Institute to enable it to carry out the responsibility. The responsibility should include at least the following functions:

a. Maintain a statistical data base relating to deaths in custody of Aboriginal and non-Aboriginal persons (distinguishing Aboriginal people from Torres Strait Islanders); 

b. Report annually to the Commonwealth Parliament; and 

c. Negotiate with all custodial agencies with a view to formulating a nationally agreed standard form of statistical input and a standard definition of deaths in custody. Such definition should include at least the following categories: 

i. the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile; 
ii. the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained or by lack of proper care whilst in such custody or detention;
iii. the death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and
iv. the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention.

Context

Information derived from a number of Royal Commission research projects led to the conclusion that although Aboriginal and non-Aboriginal people in custody had similar death rates, the gross disproportionate number of Aboriginal people in custody compared to non-Aboriginal people provided an immediate explanation of the disturbingly high number of Aboriginal deaths in custody.  Recommendation 41 is directed at ensuring there is publicly available and accurate information about deaths in custody.

Detail of implementation

Corrections Research Evaluation & Statistics (CRES) provides data on all deaths to the Australian Institute of Criminology (AIC) using their pro-forma, at present on an annual basis, this has been agreed to change to quarterly though the commencement of the provision of quarterly data is not yet known.

The AICs proforma has changed over recent years and had at times requested data outside of CSNSW responsibility (e.g. toxicology, health status etc), though this information is no longer required.

Below is example of what is sent to the AIC and attached as evidence is the AIC Codebook.

Column example:

FULLNAME         xxxxx, xxxxxx

AKANAME         

DEATHYR              2020

DEATHMTH         7

DEATHDAY           7

WEEKDAY            2

PRIVPRIS             2

GENDER               1

ABORIG 3

AGE        74

LOCATSTR            Cessnock District Hospital 2325

METRO 2

STATUS 1

MSO      MURDER

SPENT   9733

LENGTH                335

CAUSESTR           Natural

CAUSENUM        2

RESP      5

HANGFROM       0

HANGWITH         0

ATTEMPTS          0

ALERTS 0

NATCAUSE          4

ACCTYPE              0

SHOOTING          0