Record Indigenous Deaths in NSW Custody Prompts Alarm and Analysis
New South Wales has recorded the highest number of Indigenous Australian deaths in custody in a single year, a development that has prompted urgent calls for accountability and systemic reform. NSW State Coroner Teresa O’Sullivan confirmed that 12 Aboriginal and Torres Strait Islander people have died in custody so far this year, a figure she described as a “profoundly distressing milestone.” The coroner emphasized that these are not mere statistics, but tragedies that affect families, communities, and the fabric of society.
In accompanying comments, O’Sullivan stressed the need for independent and thorough scrutiny of each case, noting that a respectful, transparent investigative process is essential to understanding and preventing future deaths. The Aboriginal Legal Service (ALS) condemned the year’s tally as a “horrifying record,” pointing to an additional four Indigenous people who have died in police operations. ALS NSW/ACT chief executive Karly Warner said the crisis is preventable and urged the government to act with urgency.
Over-Representation in Custody and Youth Detention
Australia’s official statistics show that Aboriginal and Torres Strait Islander people remain dramatically under-represented in the general population—3.4% of NSW residents—yet over-represented in the criminal justice system. The NSW Bureau of Crime Statistics and Research reports that Aboriginal adults constitute 33.4% of the total adult prison population, and Aboriginal youth account for 60% of the youth detention population as of June. This stark disparity underscores the systemic issues that contribute to higher risk profiles for Indigenous people in custody.
Rising Numbers and Remand Pressures
O’Sullivan noted an 18.9% increase in the number of Aboriginal people in custody over the past five years, while non-Aboriginal custody numbers fell by 12.5% in the same period. Disturbingly, 45.6% of Aboriginal adults in custody were on remand or refused bail awaiting court, marking a 63% increase in this five-year window. The coroner framed these figures as evidence of entrenched over-representation in the justice system, amplifying the risks and vulnerabilities that contribute to deaths in custody.
Calls for Action: From Legislation to Community-Centered Solutions
Warner attributed the rise to punitive laws and policing practices, urging the state to work closely with Indigenous communities to implement real, practical solutions. “Prisons are dangerous places,” she said, describing the need for reforms that reduce imprisonment in the first place. The ALS has highlighted that many deaths involve preventable health issues or structural factors that could have been addressed with timely interventions and safer facility design.
Official Responses and Next Steps
The NSW government has acknowledged the seriousness of Indigenous deaths in custody and pointed to ongoing safety enhancements. A spokesperson stated that $16 million has been invested to remove ligature points and improve prison design to prevent self-harm. The government also signaled its commitment to broader strategies aimed at reducing crime, addressing its drivers, and aligning with Closing the Gap targets on Indigenous incarceration.
An external review of Indigenous deaths in custody is underway and is expected to make recommendations to Corrective Services next year. Coroner O’Sullivan, who has led the NSW Coroners Court since 2019 as its second female head, reaffirmed her commitment to independent, transparent, and culturally sensitive inquests. She stressed that the voices of affected families and communities must be central to the process.
Support and Resources
For 24/7 crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76). Readers seeking support can contact Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636.
