Record Number of First Nations Deaths in Custody Recorded in New South Wales This Year
A deeply concerning milestone has been reached in New South Wales, with more First Nations people dying in custody so far this year than ever before. The state coroner’s recent revelation underscores the urgent need to address soaring Aboriginal incarceration rates, identified as a key driver behind this “profoundly distressing” trend.
Twelve Indigenous people have died while in the custody of NSW corrective services since January, with an additional four deaths occurring during police operations. This represents the highest number of deaths in custody recorded in a single year in the state’s history.
NSW State Coroner Teresa O’Sullivan emphasized the gravity of each loss, stating, “These are not mere statistics. Each of these deaths represents a person whose life mattered and whose loss is felt deeply by families, loved ones and communities across the state.” She affirmed that each death warrants thorough, independent investigation and accountability.
The emotional toll on families and communities is immense. Paul Silva, whose uncle David Dungay Jr died in 2015 after being restrained by NSW prison officers, shared his profound grief. “I don’t know the person. I haven’t met them, but I’ll sit there and cry and remember those people, because I can relate to the family and how the family is going to literally feel for the rest of their life,” Silva said. “It is a very, very long and dark fight. And in some ways, you feel like you’re in it alone.”
O’Sullivan pointed to the systemic overrepresentation of Aboriginal people within the criminal justice system as a significant contributing factor. Data from the NSW Bureau of Crime Statistics and Research (Boscar) reveals a nearly 20% increase in the number of Aboriginal people in state prisons over the past five years.
Despite comprising only 3% of the NSW population, Aboriginal people now constitute almost a third of the state’s prison population – a tenfold overrepresentation. These statistics demonstrate a clear disparity, with Aboriginal individuals being disproportionately more likely to be arrested, convicted, denied bail, and sentenced to imprisonment. Last year, almost three-quarters of young Aboriginal people were refused bail at their initial court appearance.
Karly Warner, the chief executive of the NSW Aboriginal Legal Service, argues that the state government’s “tough on crime” policies are exacerbating the problem, directly contradicting their stated commitment to closing the gap in Indigenous incarceration rates. “NSW is driving more Aboriginal women, children and men into prison than ever before through punitive laws and policing practices… instead of preventing people from entering prison in the first place by meeting their needs and investing in vital community-based supports,” Warner stated.
Warner further emphasized that many deaths in custody are preventable, citing cases where individuals died from treatable health conditions while incarcerated. She also highlighted concerns regarding the presence of hanging points within prison cells, which, according to a Guardian Australia investigation, authorities were aware of but failed to remove. “A prison sentence should not be a death sentence,” she asserted.
A spokesperson for the NSW government acknowledged the tragedy of each death and affirmed the government’s commitment to addressing the issue. They stated that a review of Aboriginal deaths in custody, aimed at providing recommendations for reducing deaths in corrective services, is expected to be completed next year. The government has also invested $16 million in improving prison safety, including the removal of ligature points. “We are prioritising community safety while working with communities to reduce crime, the drivers of crime and towards our Closing the Gap targets regarding Indigenous incarceration,” the spokesperson said.
Nationally, a staggering 609 Indigenous people have died in custody since 1991, when a royal commission released a blueprint for preventing such deaths. The core recommendation of that report was to reduce Indigenous incarceration rates.
Silva announced plans for a rally in Sydney on November 1 to demand “real justice and accountability” for Aboriginal deaths in custody. Individuals seeking support can contact 13YARN on 13 92 76, Lifeline on 13 11 14, Mensline on 1300 789 978, or Beyond Blue on 1300 22 4636.