Damon Mcknight
The over-representation of Aboriginal and Torres Strait Islander people in the Australian prison system is a matter of long-standing and justified public concern. In 2018, Aboriginal and Torres Strait Islander adults made up around 2% of the national population but constituted 27% of the national prison population. This figure rose to 37% in 2025. In 2016, Aboriginal and Torres Strait Islander people were 12.5 times more likely to be in prison than non-Indigenous people, and Aboriginal and Torres Strait Islander women were 21.2 times more likely to be in prison than non-Indigenous women. This disparity has been worsening, with the gap between Aboriginal and non-Indigenous incarceration rates widening over the last decade.
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What You'll Learn
Aboriginal Australians are over-represented in the criminal justice system
This over-representation is a persistent and growing problem, with Aboriginal incarceration rates increasing 41% between 2006 and 2016. The issue is particularly acute for Aboriginal women, who made up 34% of the female prison population in 2016, despite being a small percentage of the general population.
There are several factors that contribute to this over-representation. Historical, social, and economic disadvantages, such as the dispossession of land, have played a significant role. Additionally, Aboriginal Australians are more likely to experience issues related to mental health, disability, trauma, and drug and alcohol abuse, which can increase the likelihood of incarceration.
The high rate of Aboriginal incarceration has severe consequences, including a disturbing number of Aboriginal deaths in custody. To address this issue, there have been inquiries and recommendations for reforms to laws and legal frameworks. The National Agreement, for instance, has set targets to reduce the over-representation of Aboriginal adults and youth in the criminal justice system and to address the needs of Aboriginal female and young victims of violence. However, progress towards these targets has been slow, and in some cases, the situation is worsening.
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Aboriginal women are over-represented in prison
Aboriginal and Torres Strait Islander people are over-represented in Australian prisons. While they constitute around 2% of the national population, they make up about 27% of the national prison population. This disparity is even more pronounced when it comes to Aboriginal women, who are 21.2 times more likely to be in prison than non-Indigenous women. In 2016, the rate of imprisonment for Aboriginal women was 464.8 per 100,000, compared to 21.9 per 100,000 for non-Indigenous women.
This over-representation is a persistent and growing problem. Between 2006 and 2016, the Aboriginal incarceration rate increased by 41%, and the gap between Aboriginal and non-Indigenous imprisonment rates widened. As of 2024, the age-standardised imprisonment rate for Aboriginal people was 2,122 prisoners per 100,000 of the Aboriginal adult population.
The over-representation of Aboriginal women in prisons is a result of complex social injustices and systemic racism. Aboriginal women face unique challenges such as institutional racism, discrimination, and poorer health outcomes. They are also disproportionately represented in higher security classifications and are frequently denied access to culturally appropriate programming.
The reasons for their involvement in the criminal justice system are often rooted in individual and collective life circumstances marked by violence, poverty, and abusive backgrounds. Additionally, the loss of traditional teachings and the impact of intergenerational trauma within their communities have contributed to their over-representation in the prison system.
Addressing the over-representation of Aboriginal women in prisons requires acknowledging the oppressive transgenerational effects of colonial policies and addressing the historical, social, and economic disadvantages that disproportionately impact Aboriginal communities.
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Aboriginal youth are over-represented in detention
Aboriginal and Torres Strait Islander people make up around 2% of Australia's national population, but they constitute a disproportionately large percentage of the country's incarcerated population. Aboriginal youth are over-represented in detention, and this has been a persistent and growing problem.
In 2023, First Nations young people made up more than half (59%) of all those in detention aged 10 and over, while non-Indigenous young people made up 41%. This is a concerning statistic, and it reflects the broader historic, political, and social context of First Nations people and their experiences of colonialism. The over-representation of Aboriginal youth in the justice system is not a new issue, with research from the 1980s already indicating high levels of criminalisation of Indigenous youth.
The Royal Commission into Aboriginal Deaths in Custody in 1991 found that the Aboriginal population was grossly over-represented in custody, noting that this was a significant factor in the disturbing number of Aboriginal deaths in custody. The Commission attributed this over-representation to various indicators of disadvantage, including the historical dispossession of Aboriginal people from their land without treaty, agreement, or compensation.
The Australian Government has recognised the importance of addressing this issue and is working with First Nations communities and organisations to improve health outcomes for Aboriginal people in the justice system. Initiatives such as the Aboriginal and Torres Strait Islander Health Roundtable aim to improve access to culturally safe and appropriate healthcare in prisons and hospitals.
Despite these efforts, the over-representation of Aboriginal youth in detention persists. In 2024, the imprisonment rate of Aboriginal and Torres Strait Islander people increased by 19% to 4,188, and the age-standardised imprisonment rate increased to 2,122 prisoners per 100,000 Aboriginal and Torres Strait Islander adults. Additionally, Aboriginal and Torres Strait Islander women are disproportionately impacted, constituting 34% of the female prison population in 2016.
To address this issue, the National Agreement has outlined specific targets to reduce the rate of Aboriginal and Torres Strait Islander young people in detention by 2031. These include reducing the rate of Aboriginal youth in detention aged 10-17 by at least 30% and reducing the rate of incarcerated adults by at least 15%.
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Aboriginal prisoners have complex health and disability needs
Aboriginal and Torres Strait Islander prisoners make up a significant proportion of the Australian prison population, accounting for around 27% to 37% of all incarcerated individuals. This over-representation has been a persistent and growing problem, with incarceration rates for this demographic increasing by 41% between 2006 and 2016.
To address these complex needs, it is crucial to adopt a broader collaborative approach to primary healthcare. This includes incorporating social health, justice perspectives, and cultural safety into health care planning. Dedicated services are required, as mainstreaming cannot address the unique and diverse needs of Aboriginal families impacted by incarceration.
Additionally, there is a need to establish programs that provide continuity from within prison to post-release support. This includes access to culturally safe health care services, housing and tenancy support, mental health services, substance misuse support, and social inclusion initiatives.
Furthermore, the issue of indefinite detention without trial for Aboriginal individuals with cognitive impairments must be addressed. It is essential to respect their basic human rights and ensure that they have access to necessary services and accommodations that meet their complex needs.
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Aboriginal incarceration rates are increasing
Aboriginal and Torres Strait Islander people in Australia have long been overrepresented in the country's prison population. Despite making up only around 2% of the national population, they constitute a significant percentage of the incarcerated population. While the exact figures vary across sources and over time, it is clear that the Aboriginal incarceration rate is increasing and significantly higher than that of non-Indigenous Australians.
In 2016, it was reported that Aboriginal and Torres Strait Islander people were 12.5 times more likely to be in prison than non-Indigenous people. This disparity was even more pronounced when comparing Indigenous and non-Indigenous women, with Indigenous women being 21.2 times more likely to be incarcerated. The overrepresentation of Aboriginal people in the criminal justice system is a well-documented issue that has persisted for decades.
Data from 2024 reveals that the Aboriginal imprisonment rate increased from 1,107 to 1,182 prisoners per 100,000 adult population. This rise was driven by an 8% increase in male prisoners and a substantial 14% increase in female prisoners. The number of unsentenced Aboriginal prisoners also rose sharply by 20%. These trends indicate that not only are more Aboriginal people being incarcerated, but they are also more likely to be detained before receiving a sentence.
The issue of Aboriginal incarceration extends beyond simple numbers and percentages. It is a symptom of deeper societal issues and historical injustices. The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1991 highlighted the gross overrepresentation of Aboriginal people in custody and attributed it to broader indicators of disadvantage, including the dispossession of land without treaty, agreement, or compensation.
Despite efforts to address this disparity, such as the "Closing the Gap" initiative, Aboriginal incarceration rates continue to rise. This increase is attributed to various interconnected factors, including mental health issues, trauma from violence and abuse, substance abuse, and social and emotional wellbeing. These issues are often more prevalent among Aboriginal communities due to historical and ongoing injustices, leading to worse health and social outcomes that contribute to higher incarceration rates.
To effectively address the rising Aboriginal incarceration rates, it is imperative to tackle the root causes of these disparities. This includes addressing poverty and disadvantage, improving education and social welfare, and ensuring that mental health and disability matters are addressed through specialized services rather than solely by the police. By acknowledging the complex interplay of factors contributing to this issue, Australia can begin to reverse the trend of increasing Aboriginal incarceration rates and work towards a more equitable future.
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Frequently asked questions
In 2024, Aboriginal and Torres Strait Islander prisoners accounted for 37% of all persons in custody. Aboriginal and Torres Strait Islander adults make up around 2% of the national population but constitute a large percentage of the national prison population.
The over-representation of Aboriginal Australians in the Criminal Justice System is a matter of long-standing and justified public concern. The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found that the Aboriginal population was grossly over-represented in custody due to various factors, including historical, social, and economic disadvantages.
In 2008, Australia agreed to six targets to "close the gap" and reduce disparities between Indigenous and non-Indigenous people in health, education, and employment. However, progress has been slow, and in 2020, several additional targets addressing socioeconomic equity were included, bringing the total to 19. Despite these efforts, recent reports indicate that few of the targets are on track, and some are worsening.
