Record Indigenous deaths in custody in NSW sparks urgent scrutiny
New South Wales has recorded the highest number of Indigenous deaths in custody in a single year, a development described as a profound and distressing milestone by NSW State Coroner Teresa O’Sullivan. By the latest tallies, 12 Aboriginal and Torres Strait Islander people have died in custody so far this year, a figure that officials say demands independent, careful scrutiny and accountability.
Silent voices behind the statistics
“These are not mere statistics,” O’Sullivan said in a statement, emphasizing that each death represents a person whose life mattered to families and communities across the state. The coroner stressed that these are individuals whose deaths require impartial examination to ensure justice and learning from each tragedy.
The Aboriginal Legal Service described the year’s Toll as a “horrifying record”, noting that four additional Indigenous people have died in police operations. The chief executive, Karly Warner, called the situation a crisis and a preventable tragedy that should alarm everyone in NSW, underscoring the reality that “a prison sentence should not be a death sentence.”
Over-representation and risk factors in custody
Indigenous people make up just 3.4% of NSW’s population, yet data from the Australian Bureau of Statistics and the NSW Bureau of Crime Statistics and Research show stark disparities in the criminal justice system. Aboriginal adults accounted for 33.4% of the state’s total adult prison population, and Aboriginal youth represented 60% of the youth detention population as of June.
O’Sullivan highlighted that the number of Aboriginal people in custody has risen by 18.9% over the past five years, while non-Indigenous detainees declined by 12.5% in the same period. Nearly half of Aboriginal adults in custody were on remand or refused bail, a rise of 63% in five years, pointing to systemic issues that heighten vulnerability and risk of harm.
Calls for action and solutions
Warner attributed the rise to punitive laws and policing practices and urged the state to collaborate with Indigenous communities to implement real solutions aimed at reducing imprisonment. The Aboriginal Legal Service has seen families affected by deaths in custody and noted that dangerous health conditions and unresolved issues around ligature points have contributed to preventable deaths behind bars.
Authorities have pointed to corrective actions, including investments to improve safety in prisons. A NSW government spokesperson said the state is tackling Indigenous deaths in custody by improving design and safety across correctional centres and has earmarked $16 million to remove ligature points. The government said its efforts align with Closing the Gap targets and reducing crime by addressing its drivers.
Independent review and the path forward
An external review of Indigenous deaths in custody is underway and is expected to provide recommendations to Corrective Services next year. Coroner O’Sullivan, appointed in 2019 as the second woman to lead the Coroners’ Court, reiterated her commitment to independent, thorough investigations. She affirmed that inquests will be conducted with impartiality, transparency, and cultural sensitivity, ensuring the voices of affected families and communities are heard and respected.
Support and resources
For 24/7 crisis support run by Indigenous people, contact 13YARN at 13 92 76. Readers seeking support can also contact Lifeline at 13 11 14 or Beyond Blue at 1300 22 4636.
